Di-isononyl phthalate (DINP); Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability, Webinar and Request for Comment, 71270-71272 [2024-19698]

Download as PDF 71270 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices San Fernando Valley Basin-Wide Remedial Investigation response costs from other responsible parties in the future; however, because EPA is not recovering one hundred percent of its past costs at this time, this Settlement Agreement represents a compromise of EPA’s costs. The Settlement Agreement includes two covenants not to sue pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). EPA will consider all comments received on the Settlement Agreement in accordance with the DATES and ADDRESSES sections of this Notice and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations that indicate that the settlement is inappropriate, improper, or inadequate. Parties to the Proposed Settlement: Coltec Industries, Inc., Menasco Aerosystems Division; Eaton Filtration LLC, as successor in interest to Vickers Incorporated; Foto-Kem Industries, Inc.; Haskel International, LLC, formerly Haskel International, Inc.; International Electronic Research Corporation; ITT LLC, as successor in interest to ITT Industries, Inc.; Lockheed Martin Corporation; Lockheed Martin Librascope Corporation; Pacific Bell Telephone Company, formerly Pacific Bell, formerly The Pacific Telephone and Telegraph Company; Philips North America LLC, as successor in interest to Philips Components, a Division of Philips Electronics North America Corporation; PRC-DeSoto International, Inc., formerly Courtaulds Aerospace, Inc.; The Prudential Insurance Company of America; Ralphs Grocery Co.; Union Pacific Railroad Company, formerly Southern Pacific Transportation Co.; Vorelco, Inc.; and Walt Disney Pictures and Television. Dated: August 27, 2024. Dana Barton, Acting Director, Superfund and Emergency Management Division, EPA Region 9. [FR Doc. 2024–19708 Filed 8–30–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY tkelley on LAP7H3WLY3PROD with NOTICES2 [EPA–HQ–OPPT–2018–0436; FRL–8806–02– OCSPP] Di-isononyl phthalate (DINP); Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability, Webinar and Request for Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: VerDate Sep<11>2014 22:46 Aug 30, 2024 Jkt 262001 The Environmental Protection Agency (EPA or Agency) is announcing the availability of and seeking public comment on a draft risk evaluation under the Toxic Substances Control Act (TSCA) for di-isononyl phthalate (DINP) (1,2-Benzene- dicarboxylic acid, 1,2diisononyl ester) (CASRN 28553–12–0). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use (COU). EPA has used the best available science to prepare this draft risk evaluation and to preliminarily determine that DINP poses unreasonable risk to human health. DATES: Written comments: Comments must be received on or before November 4, 2024. Webinar on: September 26, 2024, 2– 3 p.m. EST. Register by: September 8, 2024, 12 p.m. EST, to receive the webcast meeting link and audio teleconference information before the meeting. Request special accommodation by: September 8, 2024, 5 p.m. EST, to allow EPA time to process the request before the meeting. Special accommodations: In addition, To allow EPA time to process your request, please submit your request to EPA by 5 p.m. EST on September 8, 2024, 5 p.m. ADDRESSES: Registration: Register online at https://usepa.zoomgov.com/meeting/ register/vJIsc-mprzguHuiI1Lu5jNuwkQ84wPrRr8. Special accommodation requests: Submit your request to the webinar contact person listed under FOR FURTHER INFORMATION CONTACT. Written comments: Submit your comments, identified by docket identification (ID) number EPA–HQ– OPPT–2018–0436, online at https:// 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. Additional instructions on commenting and visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Webinar information: Sarah Soliman, Project Management and Operations SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Division (7407M), Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency, 1201 Constitution Ave. NW, Washington, DC 20004; telephone number: (202) 564– 8820; email address: soliman.sarah@ epa.gov. Chemical specific information: Todd Coleman, Existing Chemical Risk Management Division (7404M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–1208; email address: coleman.todd@epa.gov. General information: The TSCAHotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554–1404; email address: TSCA-Hotline@epa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? This action is directed to the public in general and may be of particular interest to those involved in the manufacture, processing, distribution, use, and disposal of the chemical being evaluated, related industry trade organizations, non-governmental organizations with an interest in human and environmental health, state and local governments, Tribal Nations, and/ or those interested in the assessment of risks involving chemical substances and mixtures regulated under TSCA. As such, the Agency has not attempted to describe all the specific entities that this action might apply to. If you need help determining applicability, consult the technical contact listed under FOR FURTHER INFORMATION CONTACT. B. What is the Agency’s authority for taking this action? The Agency is conducting this risk evaluation under TSCA section 6, 15 U.S.C. 2605, which requires that EPA conduct risk evaluations on chemical substances and identifies the minimum components EPA must include in all chemical substance risk evaluations. Each risk evaluation must be conducted consistent with the best available science, be based on the weight of the scientific evidence, and consider reasonably available information. 15 U.S.C. 2625(h), (i), and (k). See also the implementing procedural regulations at 40 CFR part 702. C. What action is the Agency taking? EPA is announcing the availability of and seeking public comment on a draft risk evaluation under TSCA for DINP (CASRN 28553–12–0). The purpose of U:\REGISTER\03SEN1.SGM 03SEN1 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or nonrisk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the COU. This draft risk evaluation is consistent with the best available science, based on the weight of scientific evidence, and considers reasonably available information. EPA has preliminarily determined that DINP poses unreasonable risk to human health. D. What should I consider as I prepare my comments? 1. Submitting CBI. Do not submit CBI to EPA through https://www.regulations.gov or email. If you wish to include CBI in your comment, please follow the applicable instructions at https://www.epa.gov/ dockets/commenting-epa-dockets#rules and clearly mark the information that you claim to be CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR parts 2 and 703, as applicable. 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 tkelley on LAP7H3WLY3PROD with NOTICES2 A. What is DINP? DINP is a common chemical name for the category of chemical substances that includes the following substances: 1,2benzenedicarboxylic acid, 1,2-isononyl ester (CASRN 28553–12–0) and 1,2benzenedicarboxylic acid, di-C9-11branched alkyl esters, C9-rich (CASRN 68515–48–0). Both CASRNs contain mainly C9 dialkyl phthalate esters. Both DINP, and another phthalate also undergoing TSCA risk evaluation, DIDP (1,2-Benzene- dicarboxylic acid, 1,2diisodecyl ester, CASRN 26761–40–0 and 68515–49–1), are primarily used as plasticizers in polyvinyl chloride (PVC) in consumer, commercial, and industrial applications. DIDP and DINP are both structurally similar phthalates, and therefore many aspects of physicalchemical (p-chem) properties and exposure (to humans and ecological species) are similar, as described further in the draft physical chemical and fate assessments for both chemical substances. VerDate Sep<11>2014 22:46 Aug 30, 2024 Jkt 262001 B. Why is EPA evaluating this chemical under TSCA? On May 24, 2019, EPA received requests to conduct risk evaluations for both DINP and DIDP from ExxonMobil Chemical Company, Evonik Corporation, and Teknor Apex, through the American Chemistry Council’s High Phthalates Panel (ACC HPP). In December 2019, EPA notified ACC HPP that the Agency had granted their manufacturer requested risk evaluations. See [insert cite to the FRN that announced this]. On May 17, 2024, EPA released for public comment and peer review draft technical support documents on DINP’s physical chemical properties, fate and transport in the environment, environmental hazard for terrestrial and aquatic species, human health non-cancer hazards, and human health cancer hazards. See 89 FR 43847, May 20, 2024 (FRL–11760–02–OCSPP). The draft documents and public comments are in docket ID number EPA–HQ–OPPT–2024–0073. Given the similar exposure and physical chemical properties of DIDP and DINP, EPA is developing these individual risk evaluations in parallel, and similarly the external peer review of the methods and novel analyses for the draft risk evaluations are occurring concurrently. Due to these similarities, EPA sought external peer review of technical portions of the DINP draft physical chemical properties, the fate and transport in the environment, environmental hazard for terrestrial and aquatic species, human health noncancer hazards, and human health cancer hazards technical support documents, along with the DIDP draft risk evaluation. Thus, the focus of this public comment period is to solicit feedback regarding DINP-specific exposure analyses and the integration of these analyses with previously peer reviewed data. DINP exhibits extremely low water solubility and will be preferentially sorbed into sediments, soils, and suspended solids in surface water and wastewater. It is expected to be persistent in anaerobic environments. Under indoor settings, DINP is expected to partition to airborne particles and is expected to have extended lifetime compared to outdoor settings. Liver and developmental toxicity are indicated as the most sensitive and robust noncancer hazards for DINP. Developmental toxicity results in androgen insufficiency (phthalate syndrome), and effects on the liver include cancer. The Agency has evaluated the health and environmental risks of DINP under TSCA section 6. In its draft risk PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 71271 evaluation, EPA’s protective, screeninglevel approaches demonstrated that DINP does not pose risk to the environment or the general population. Of the 45 COUs that EPA evaluated, two COUs have risk estimates that raise concerns for workers’ exposure and one COU has risk estimates that raise concerns for consumers. Based on these concerns, EPA preliminarily finds that DINP presents an unreasonable risk of injury to human health. After this draft risk evaluation is informed by public comment, EPA will issue a final risk evaluation that includes its determination as to whether DINP presents unreasonable risk to health or the environment under its COUs. EPA also continues to work on the draft risk evaluations of five additional high-priority chemical substance phthalates, in addition to a draft cumulative risk assessment (CRA) for DINP and the other five phthalates. III. Request for Comment EPA seeks feedback on the assessment of risk presented in the draft risk evaluation, a copy of which is available in the docket, and 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 draft risk evaluation. To the extent possible, the Agency asks commenters to please cite any public data related to or that supports comments, and to the extent permissible, describe any supporting data that is not publicly available. Because many of the DINP technical support documents have undergone public comment and are currently undergoing external peer review, input on the following is of particular interest to the EPA: • Sections 3, 4 and 5 of the Draft Risk Evaluation for DINP; • Draft Environmental Release and Occupational Exposure Assessment for DINP; • Draft Consumer and Indoor Exposure Assessment for DINP; • Draft Environmental Media and General Population Screening for DINP; • Draft Environmental Exposure Assessment for DINP; • Whether high-pressure spray applications of DINP-containing adhesives and sealants and paints and coatings are currently in use in industrial settings, or may be used in the future due to changing industrial practices. U:\REGISTER\03SEN1.SGM 03SEN1 71272 Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Notices IV. Next Steps At the conclusion of the risk evaluation phase, EPA must use the risk evaluation as a basis to determine whether the chemical presents an unreasonable risk to health or the environment under the chemical’s COUs. TSCA prohibits EPA from considering non-risk factors (e.g., costs/ benefits) during risk evaluation. This includes risks to subpopulations who may be at greater risks than the general population, such as children and workers. If at the end of the risk evaluation process, EPA determines that a chemical substance presents an unreasonable risk to health or the environment, the chemical substance must immediately move to risk management rulemaking action under TSCA. At the risk management stage, EPA is required to implement, via regulation, regulatory restrictions on the manufacture, processing, distribution, use or disposal of the chemical substance to eliminate the unreasonable risk. EPA is given a range of risk management options under TSCA, including labeling, recordkeeping or notice requirements, actions to reduce human exposure or environmental release, and a ban of the chemical substance or of certain uses. Like the prioritization and risk evaluation processes, there is an opportunity for public comment on any proposed risk management actions. For more information about the TSCA risk evaluation process for existing chemicals, go to https://www.epa.gov/ assessing-and-managing-chemicalsunder-tsca. Authority: 15 U.S.C. 2601 et seq. Dated: August 28, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024–19698 Filed 8–30–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY tkelley on LAP7H3WLY3PROD with NOTICES2 [EPA R9–2024–01; FRL–12107–01–R9] Notice of Proposed Administrative Settlement Agreement and Order on Consent for Removal Actions and Recovery of Past Response Costs at the Max Johnson No. 9, Manuel Denetsone No. 2, and Juan Horse No. 3 Abandoned Uranium Mine Sites, Navajo Nation, Coconino County, Arizona Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 22:46 Aug 30, 2024 Notice of proposed settlement; request for public comment. ACTION: Jkt 262001 In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (‘‘CERCLA’’), notice is hereby given that the Environmental Protection Agency (‘‘EPA’’) has entered into a proposed settlement, embodied in an Administrative Settlement Agreement and Order on Consent (‘‘Settlement Agreement’’), with Wells Cargo, Inc. (‘‘Wells Cargo’’). Under the Settlement Agreement, Wells Cargo agrees to take response actions and pay a portion of EPA’s past response costs at the Max Johnson No. 9, Manuel Denetsone No. 2, and Juan Horse No. 3 abandoned uranium mine sites (‘‘Sites’’) in the Navajo Nation in Coconino County, Arizona. DATES: Comments must be received on or before October 3, 2024. ADDRESSES: The proposed settlement agreement is available for public inspection at https://insert link. Comments on the Settlement Agreement should be submitted in writing to Gregory Krauss at krauss.gregory@ epa.gov. Comments should reference the Wells Cargo Sites and Docket No. 2024– 01, the EPA Region 9 Docket Number for the Settlement Agreement. If for any reason you are not able to submit a comment by email, please contact Mr. Krauss at (415) 972–3913 to make alternative arrangements for submitting your comment. EPA will post its response to any comments at https:// www.epa.gov/navajo-nation-uraniumcleanup/western-abandoned-uraniummine-region, EPA’s website for the Western Abandoned Uranium Mine Region in the Navajo Nation. FOR FURTHER INFORMATION CONTACT: Gregory Krauss, Assistant Regional Counsel (ORC–3), Office of Regional Counsel, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; Email: krauss.gregory@epa.gov; Phone (415) 972–3913. SUPPLEMENTARY INFORMATION: Notice of this proposed administrative settlement is made in accordance with section 122(i) of CERCLA. The Settlement Agreement concerns the performance of response actions at the Sites and the recovery by EPA of past response costs. The Settlement Agreement requires Wells Cargo to perform removal site evaluations at the Max Johnson No. 9 and Manuel Denetsone No. 2 mines, conduct certain sampling at the Juan Horse No. 3 mine, and complete an Engineering Evaluation and Cost Analysis for each of the Sites as SUMMARY: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 determined to be necessary by EPA. Wells Cargo will also pay $391,183.15 to resolve its liability for EPA’s past response costs through March 31, 2019. The Settlement Agreement includes a compromise of around $75,000 on interest payments and some indirect costs and provides Wells Cargo contribution protection and a covenant not to sue regarding response costs incurred through March 31, 2019, and the work to be performed. EPA will consider all comments received on the Settlement Agreement in accordance with the DATES and ADDRESSES sections of this Notice and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations that indicate that the settlement is inappropriate, improper, or inadequate. Dated: August 27, 2024. Will Duncan, Acting Director, Superfund and Emergency Management Division, EPA Region 9. [FR Doc. 2024–19709 Filed 8–30–24; 8:45 am] BILLING CODE 6560–50–P FARM CREDIT ADMINISTRATION Sunshine Act Meetings 10 a.m., Thursday, September 12, 2024. PLACE: You may observe this meeting in person at 1501 Farm Credit Drive, McLean, Virginia 22102–5090, or virtually. If you would like to observe, at least 24 hours in advance, visit FCA.gov, select ‘‘Newsroom,’’ then select ‘‘Events.’’ From there, access the linked ‘‘Instructions for board meeting visitors’’ and complete the described registration process. STATUS: This meeting will be open to the public. MATTERS TO BE CONSIDERED: The following matters will be considered: • Approval of Minutes for August 8, 2024 • Quarterly Report on Economic Conditions and Farm Credit System Condition and Performance CONTACT PERSON FOR MORE INFORMATION: If you need more information or assistance for accessibility reasons, or have questions, contact Ashley Waldron, Secretary to the Board. Telephone: 703–883–4009. TTY: 703– 883–4056. TIME AND DATE: Ashley Waldron, Secretary to the Board. [FR Doc. 2024–19798 Filed 8–29–24; 11:15 am] BILLING CODE 6705–01–P U:\REGISTER\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Notices]
[Pages 71270-71272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19698]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0436; FRL-8806-02-OCSPP]


Di-isononyl phthalate (DINP); Draft Risk Evaluation Under the 
Toxic Substances Control Act (TSCA); Notice of Availability, Webinar 
and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
announcing the availability of and seeking public comment on a draft 
risk evaluation under the Toxic Substances Control Act (TSCA) for di-
isononyl phthalate (DINP) (1,2-Benzene- dicarboxylic acid, 1,2- 
diisononyl ester) (CASRN 28553-12-0). The purpose of risk evaluations 
under TSCA is to determine whether a chemical substance presents an 
unreasonable risk of injury to health or the environment, without 
consideration of costs or non-risk factors, including unreasonable risk 
to potentially exposed or susceptible subpopulations identified as 
relevant to the risk evaluation by EPA, under the conditions of use 
(COU). EPA has used the best available science to prepare this draft 
risk evaluation and to preliminarily determine that DINP poses 
unreasonable risk to human health.

DATES: Written comments: Comments must be received on or before 
November 4, 2024.
    Webinar on: September 26, 2024, 2-3 p.m. EST.
    Register by: September 8, 2024, 12 p.m. EST, to receive the webcast 
meeting link and audio teleconference information before the meeting.
    Request special accommodation by: September 8, 2024, 5 p.m. EST, to 
allow EPA time to process the request before the meeting.
    Special accommodations: In addition, To allow EPA time to process 
your request, please submit your request to EPA by 5 p.m. EST on 
September 8, 2024, 5 p.m.

ADDRESSES: 
    Registration: Register online at https://usepa.zoomgov.com/meeting/register/vJIsc-mprzguHuiI1Lu5jNuwk-Q84wPrRr8.
    Special accommodation requests: Submit your request to the webinar 
contact person listed under FOR FURTHER INFORMATION CONTACT.
    Written comments: Submit your comments, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0436, online at https://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. Additional instructions on 
commenting and visiting the docket, along with more information about 
dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    Webinar information: Sarah Soliman, Project Management and 
Operations Division (7407M), Office of Chemical Safety and Pollution 
Prevention, Environmental Protection Agency, 1201 Constitution Ave. NW, 
Washington, DC 20004; telephone number: (202) 564-8820; email address: 
[email protected].
    Chemical specific information: Todd Coleman, Existing Chemical Risk 
Management Division (7404M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-1208; email address: 
[email protected].
    General information: The TSCA-Hotline, ABVI-Goodwill, 422 South 
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This action is directed to the public in general and may be of 
particular interest to those involved in the manufacture, processing, 
distribution, use, and disposal of the chemical being evaluated, 
related industry trade organizations, non-governmental organizations 
with an interest in human and environmental health, state and local 
governments, Tribal Nations, and/or those interested in the assessment 
of risks involving chemical substances and mixtures regulated under 
TSCA. As such, the Agency has not attempted to describe all the 
specific entities that this action might apply to. If you need help 
determining applicability, consult the technical contact listed under 
FOR FURTHER INFORMATION CONTACT.

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

    The Agency is conducting this risk evaluation under TSCA section 6, 
15 U.S.C. 2605, which requires that EPA conduct risk evaluations on 
chemical substances and identifies the minimum components EPA must 
include in all chemical substance risk evaluations. Each risk 
evaluation must be conducted consistent with the best available 
science, be based on the weight of the scientific evidence, and 
consider reasonably available information. 15 U.S.C. 2625(h), (i), and 
(k). See also the implementing procedural regulations at 40 CFR part 
702.

C. What action is the Agency taking?

    EPA is announcing the availability of and seeking public comment on 
a draft risk evaluation under TSCA for DINP (CASRN 28553-12-0). The 
purpose of

[[Page 71271]]

risk evaluations under TSCA is to determine whether a chemical 
substance presents an unreasonable risk of injury to health or the 
environment, without consideration of costs or non-risk factors, 
including unreasonable risk to potentially exposed or susceptible 
subpopulations identified as relevant to the risk evaluation by EPA, 
under the COU. This draft risk evaluation is consistent with the best 
available science, based on the weight of scientific evidence, and 
considers reasonably available information. EPA has preliminarily 
determined that DINP poses unreasonable risk to human health.

D. What should I consider as I prepare my comments?

    1. Submitting CBI.
    Do not submit CBI to EPA through https://www.regulations.gov or 
email. If you wish to include CBI in your comment, please follow the 
applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the information that you claim to be 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR parts 2 and 703, as applicable.
    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

A. What is DINP?

    DINP is a common chemical name for the category of chemical 
substances that includes the following substances: 1,2-
benzenedicarboxylic acid, 1,2-isononyl ester (CASRN 28553-12-0) and 
1,2-benzenedicarboxylic acid, di-C9-11-branched alkyl esters, C9-rich 
(CASRN 68515-48-0). Both CASRNs contain mainly C9 dialkyl phthalate 
esters. Both DINP, and another phthalate also undergoing TSCA risk 
evaluation, DIDP (1,2-Benzene- dicarboxylic acid, 1,2- diisodecyl 
ester, CASRN 26761-40-0 and 68515-49-1), are primarily used as 
plasticizers in polyvinyl chloride (PVC) in consumer, commercial, and 
industrial applications. DIDP and DINP are both structurally similar 
phthalates, and therefore many aspects of physical-chemical (p-chem) 
properties and exposure (to humans and ecological species) are similar, 
as described further in the draft physical chemical and fate 
assessments for both chemical substances.

B. Why is EPA evaluating this chemical under TSCA?

    On May 24, 2019, EPA received requests to conduct risk evaluations 
for both DINP and DIDP from ExxonMobil Chemical Company, Evonik 
Corporation, and Teknor Apex, through the American Chemistry Council's 
High Phthalates Panel (ACC HPP). In December 2019, EPA notified ACC HPP 
that the Agency had granted their manufacturer requested risk 
evaluations. See [insert cite to the FRN that announced this]. On May 
17, 2024, EPA released for public comment and peer review draft 
technical support documents on DINP's physical chemical properties, 
fate and transport in the environment, environmental hazard for 
terrestrial and aquatic species, human health non-cancer hazards, and 
human health cancer hazards. See 89 FR 43847, May 20, 2024 (FRL-11760-
02-OCSPP). The draft documents and public comments are in docket ID 
number EPA-HQ-OPPT-2024-0073.
    Given the similar exposure and physical chemical properties of DIDP 
and DINP, EPA is developing these individual risk evaluations in 
parallel, and similarly the external peer review of the methods and 
novel analyses for the draft risk evaluations are occurring 
concurrently. Due to these similarities, EPA sought external peer 
review of technical portions of the DINP draft physical chemical 
properties, the fate and transport in the environment, environmental 
hazard for terrestrial and aquatic species, human health non-cancer 
hazards, and human health cancer hazards technical support documents, 
along with the DIDP draft risk evaluation. Thus, the focus of this 
public comment period is to solicit feedback regarding DINP-specific 
exposure analyses and the integration of these analyses with previously 
peer reviewed data.
    DINP exhibits extremely low water solubility and will be 
preferentially sorbed into sediments, soils, and suspended solids in 
surface water and wastewater. It is expected to be persistent in 
anaerobic environments. Under indoor settings, DINP is expected to 
partition to airborne particles and is expected to have extended 
lifetime compared to outdoor settings. Liver and developmental toxicity 
are indicated as the most sensitive and robust non-cancer hazards for 
DINP. Developmental toxicity results in androgen insufficiency 
(phthalate syndrome), and effects on the liver include cancer.
    The Agency has evaluated the health and environmental risks of DINP 
under TSCA section 6. In its draft risk evaluation, EPA's protective, 
screening-level approaches demonstrated that DINP does not pose risk to 
the environment or the general population. Of the 45 COUs that EPA 
evaluated, two COUs have risk estimates that raise concerns for 
workers' exposure and one COU has risk estimates that raise concerns 
for consumers. Based on these concerns, EPA preliminarily finds that 
DINP presents an unreasonable risk of injury to human health.
    After this draft risk evaluation is informed by public comment, EPA 
will issue a final risk evaluation that includes its determination as 
to whether DINP presents unreasonable risk to health or the environment 
under its COUs. EPA also continues to work on the draft risk 
evaluations of five additional high-priority chemical substance 
phthalates, in addition to a draft cumulative risk assessment (CRA) for 
DINP and the other five phthalates.

III. Request for Comment

    EPA seeks feedback on the assessment of risk presented in the draft 
risk evaluation, a copy of which is available in the docket, and 
encourages all potentially interested parties, including individuals, 
governmental and non-governmental organizations, non-profit 
organizations, academic institutions, research institutions, and 
private sector entities to comment on the draft risk evaluation. To the 
extent possible, the Agency asks commenters to please cite any public 
data related to or that supports comments, and to the extent 
permissible, describe any supporting data that is not publicly 
available.
    Because many of the DINP technical support documents have undergone 
public comment and are currently undergoing external peer review, input 
on the following is of particular interest to the EPA:
     Sections 3, 4 and 5 of the Draft Risk Evaluation for DINP;
     Draft Environmental Release and Occupational Exposure 
Assessment for DINP;
     Draft Consumer and Indoor Exposure Assessment for DINP;
     Draft Environmental Media and General Population Screening 
for DINP;
     Draft Environmental Exposure Assessment for DINP;
     Whether high-pressure spray applications of DINP-
containing adhesives and sealants and paints and coatings are currently 
in use in industrial settings, or may be used in the future due to 
changing industrial practices.

[[Page 71272]]

IV. Next Steps

    At the conclusion of the risk evaluation phase, EPA must use the 
risk evaluation as a basis to determine whether the chemical presents 
an unreasonable risk to health or the environment under the chemical's 
COUs. TSCA prohibits EPA from considering non-risk factors (e.g., 
costs/benefits) during risk evaluation. This includes risks to 
subpopulations who may be at greater risks than the general population, 
such as children and workers.
    If at the end of the risk evaluation process, EPA determines that a 
chemical substance presents an unreasonable risk to health or the 
environment, the chemical substance must immediately move to risk 
management rulemaking action under TSCA. At the risk management stage, 
EPA is required to implement, via regulation, regulatory restrictions 
on the manufacture, processing, distribution, use or disposal of the 
chemical substance to eliminate the unreasonable risk. EPA is given a 
range of risk management options under TSCA, including labeling, 
recordkeeping or notice requirements, actions to reduce human exposure 
or environmental release, and a ban of the chemical substance or of 
certain uses. Like the prioritization and risk evaluation processes, 
there is an opportunity for public comment on any proposed risk 
management actions.
    For more information about the TSCA risk evaluation process for 
existing chemicals, go to https://www.epa.gov/assessing-and-managing-chemicals-under-tsca.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: August 28, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-19698 Filed 8-30-24; 8:45 am]
BILLING CODE 6560-50-P


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