Tris(2-chloroethyl) Phosphate (TCEP); Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability, 78868-78870 [2024-22061]

Download as PDF 78868 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: September 20, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024–22088 Filed 9–25–24; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–12233–01–OA] Science Advisory Board Scientific and Technological Achievement Awards Panel; Closed Meeting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a meeting of the Scientific and Technological Achievement Awards (STAA) Panel. The purpose of the meeting is to review nominations and make recommendations for the Early Career Science and Technology Award. The meeting is closed to the public. DATES: The SAB STAA Panel will meet on the following dates. All times listed are in eastern time. 1. November 4, 2024, from 10:30 a.m. to 4 p.m. 2. November 6, 2024, from 10:30 a.m. to 3 p.m. 3. November 13, 2024, from 10:30 a.m. to 3 p.m. ADDRESSES: The SAB STAA Panel meeting will be conducted virtually. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain further information concerning this notice may contact Dr. Shaunta Hill-Hammond, Designated Federal Officer (DFO), via telephone (202) 564– 3343, or via email at hillhammond.shaunta@epa.gov. General information about the SAB as well as any updates concerning the meeting announced in this notice can be found on the SAB website at https:// sab.epa.gov. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the EPA Administrator on the scientific and technical basis for agency positions and regulations. The SAB is a Federal Advisory Committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C. 10. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Pursuant to FACA and EPA policy, notice is hereby given that the SAB STAA Panel, will hold a closed meeting to review nominations for the Early Career Science and Technology Award and make recommendations for award recipients. The Early Career Science and Technology Award at EPA, established in 2024, recognizes early-career professionals who have made distinguished contributions to scientific research or technology development to EPA and show exceptional promise of continued achievements throughout their EPA career. All technical staff (e.g., mathematicians, engineers, social/ physical/biological/computational scientists, physicians, and others) are eligible for this annual award. Recipient(s) receive a one-time monetary stipend of $10,000 and a commemorative plaque. The SAB reviews the STAA nomination packages according to the following three evaluation factors: • Scientific achievements: How has the nominee led, conducted, or influenced scientific research that significantly advanced a field of research (to include the integration and synthesis of data) or developed technology within the employee’s scientific or technical area of expertise, such that the product of their work had a substantial impact on the mission of ORD and EPA. • Impact: How have the efforts of the nominee resulted in improved customer, partner, or stakeholder satisfaction through documented accolades, recognition, or direct influence on decisions or actions and consistently demonstrated the highest level of accountability in achieving the organization’s, ORD’s and the Agency’s goals and mission. • Partnership: How have efforts of the nominee led or initiated significant collaborations successfully influencing the organization, workgroup, or teams in activities or projects that result in improvements in program policies, PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 processes, or other key activities (commensurate with career stage). I have determined that the meetings of the STAA Panel and Chartered SAB will be closed to the public because they are concerned with selecting employees deserving of awards. In making these recommendations, the Agency requires full and frank advice from the SAB. This advice will involve professional judgments on the relative merits of various employees and their respective work. Such matters relate solely to EPA’s internal personnel rules and practices and involve the discussion of information that is of a personal nature and the disclosure of which would be a clearly unwarranted invasion of personal privacy and, therefore, are protected from disclosure by section 10(d) of the Federal Advisory Committee Act (FACA), 5 U.S. Code 10, and subsections (c)(2) and (c)(6) of the Government in the Sunshine Act, 5 U.S.C. 552b. Minutes of the meetings of the STAA Panel and the Chartered SAB will be kept and certified by the chair of those meetings. Meeting cancellation: The November 6, 2024 and November 13, 2024 meeting dates may be cancelled if the STAA Panel concludes its deliberative discussions early. Michael S. Regan, Administrator. [FR Doc. 2024–22032 Filed 9–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2018–0476; FRL–11109– 03–OCSPP] Tris(2-chloroethyl) Phosphate (TCEP); Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA or Agency) is announcing the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for tris(2chloroethyl) phosphate (TCEP). 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 nonrisk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices conditions of use. The Agency used the best available science to prepare this final risk evaluation and determined, based on the weight of scientific evidence, that TCEP poses unreasonable risk to human health and the environment. Under TSCA, EPA must initiate risk management actions to address the unreasonable risk. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2018–0476, is available online at https:// www.regulations.gov. Additional information about dockets generally, along with instructions for visiting the docket in-person, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information: Chloe O’Haire, 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) 564–6785; email address: ohaire.chloe@ epa.gov. For 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 (defined under TSCA section 3(9) to include import), processing, distribution, use, and disposal of TCEP, 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 conducted 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 the Agency must include in all chemical substance risk evaluations. Each risk evaluation must be conducted VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 consistent with the best available science, be based on the weight of scientific evidence, and consider reasonably available information, pursuant to 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 the final risk evaluation under TSCA for TCEP. 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. EPA has used the best available science to prepare this final risk evaluation and based on the weight of scientific evidence, determined that TCEP poses unreasonable risk to human health and the environment. Upon a determination of unreasonable risk, EPA must initiate risk management action as required pursuant to 15 U.S.C 2605(a) to address the unreasonable risk. II. Background A. What is tris(2-chloroethyl) phosphate (TCEP)? TCEP is a chlorinated phosphate ester present as a transparent liquid that is imported, processed, distributed, used, and disposed of as part of industrial, commercial, and consumer conditions of use. TCEP is primarily used as an additive flame retardant and plasticizer in polymers used in aerospace equipment and products, and as an additive flame retardant in paint and coating manufacturing. In the past, TCEP was processed in many products made in the United States, including fabrics and textiles, some types of foam, and construction materials—some of which may still be in use today. The total aggregate annual production volume reported for TCEP under the Chemical Data Reporting (CDR) rule ranged from 39,682 to 158,728 pounds between 2012 and 2015, with no CDRqualifying reports after 2015; annual production volume of TCEP is now somewhere below the 2020 CDR reporting threshold of 25,000 pounds, with Datamyne showing 593 pounds of TCEP imported in 2020. B. Risk Evaluation of Tris(2-chloroethyl) Phosphate (TCEP) In 2019, EPA announced its designation of TCEP as a high priority PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 78869 substance for risk evaluation under TSCA (Ref. 1). A draft scope of the TCEP risk evaluation was issued in April 2020 (Ref. 2), and after receiving public comment, EPA announced the final scope of the TCEP risk evaluation in September 2020 (Ref. 3). In June 2023, EPA proposed a significant new use rule (SNUR) for TCEP (Ref. 4). In December 2023, EPA released a draft risk evaluation for public comment and peer review (Ref. 5), and issued a request for nominations of expert reviewers to conduct a letter peer review was issued in September 2023 (Ref. 6). The final risk evaluation of TCEP addresses comments from both the public and letter peer review periods. The responses to peer review and public comments, along with the final TCEP risk evaluation (Ref. 7) and a nontechnical summary (Ref. 8), are available in the docket. For more information about the TSCA risk evaluation process for existing chemicals, go to https://www.epa.gov/ assessing-and-managing-chemicalsunder-tsca. III. Unreasonable Risk Determination EPA has determined that TCEP presents an unreasonable risk of injury to human health and the environment under the conditions of use. EPA has determined that the unreasonable risk to human health presented by TCEP is due to: (1) Non-cancer effects and cancer in workers from dermal and inhalation exposures; (2) Non-cancer effects and cancer in consumers from ingestion, dermal, and inhalation exposures; and (3) Non-cancer effects and cancer in the general population, including subsistence and tribal fishers from fish consumption. Additionally, EPA has determined that TCEP presents unreasonable risk to the environment due to chronic effects (mortality) to aquatic species using empirical fish data. Ten conditions of use from importing, processing, industrial uses, commercial uses, and consumer uses were identified to significantly contribute to the unreasonable risk. Consistent with the statutory requirements of TSCA section 6(a), EPA will propose risk management regulatory actions to the extent necessary so that TCEP no longer presents an unreasonable risk. The Agency expects to focus its risk management action on the conditions of use that significantly contribute to the unreasonable risk. However, it should be noted that, under TSCA section 6(a), EPA is not limited to regulating the specific activities found to contribute significantly to unreasonable risk and E:\FR\FM\26SEN1.SGM 26SEN1 78870 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices may select from among a suite of risk management requirements in TSCA section 6(a) related to manufacture (including import), processing, distribution in commerce, commercial use, and disposal as part of its regulatory options to address the unreasonable risk. As a general example, EPA may regulate upstream activities (e.g., processing, distribution in commerce) to address downstream activities (e.g., consumer uses) contributing significantly to unreasonable risk, even if the upstream activities do not contribute significantly to the unreasonable risk. khammond on DSKJM1Z7X2PROD with NOTICES The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the person listed under FOR FURTHER INFORMATION CONTACT. 1. EPA. High-Priority Substance Designations Under the Toxic Substances Control Act (TSCA) and Initiation of Risk Evaluation on High-Priority Substances; Notice of Availability. Federal Register. 84 FR 71924, December 30, 2019 (FRL–10003– 15). 2. EPA. Draft Scopes of the Risk Evaluations To Be Conducted for Thirteen Chemical Substances Under the Toxic Substances Control Act; Notice of Availability. Federal Register. 85 FR 19941, April 9, 2020 (FRL–10007–11). 3. EPA. Final Scopes of the Risk Evaluations To Be Conducted for Twenty Chemical Substances Under the Toxic Substances Control Act; Notice of Availability. Federal Register. 85 FR 55281, September 2020 (FRL–10013–90). 4. EPA. Flame Retardants; Significant New Uses Rules for Certain Non-Ongoing Uses. Federal Register. Docket ID No. EPA–HQ–OPPT–2023–0012. Federal Register. 88 FR 40728, June 22, 2023 (FRL–9430–01–OCSPP). 5. EPA. Tris(2-chloroethyl) Phosphate (TCEP); Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Letter Peer Review; Notice of Availability, Public Meeting and Request for Comment. Federal Register. 88 FR 86894, December 15, 2023 (FRL–11109– 02–OCSPP). 6. EPA. Tris(2-chloroethyl) Phosphate (TCEP); Draft Risk Evaluation under the Toxic Substances Control Act (TSCA); Letter Peer Review; Request for Nominations of Expert Reviewers. Federal Register. 88 FR 67278, September 29, 2023 (FRL–11109–01– OCSPP). 17:11 Sep 25, 2024 Authority: 15 U.S.C. 2601 et seq. Dated: September 23, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024–22061 Filed 9–25–24; 8:45 am] BILLING CODE 6560–50–P IV. References VerDate Sep<11>2014 7. EPA. Tris(2-chloroethyl) phosphate (TCEP); Regulation Under the Toxic Substances Control Act (TSCA); Comment Summary and Responses. September 2024. EPA Document ID No. EPA–740–R–24–011. 8. EPA. Non-technical Summary of the TSCA Risk Evaluation for Tris(2-chloroethyl) Phosphate (TCEP). September 2024. EPA Document ID No. EPA–740–S–24–003. Jkt 262001 ENVIRONMENTAL PROTECTION AGENCY [FRL–12281–01–OEJECR: EPA–HQ– OEJECR–2024–0147] White House 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 White House Environmental Justice Advisory Council (WHEJAC) 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. This meeting is open to the public. For additional information about registering to attend the meeting or provide public comment, please see ‘‘REGISTRATION’’ under SUPPLEMENTARY INFORMATION. Preregistration is required. DATES: The WHEJAC will convene an in-person public meeting with a virtual option on Wednesday, October 9, 2024, from approximately 9:00 a.m. to 8:00 p.m. Central Time. Meeting discussions will focus on several topics including, but not limited to, workgroup activities, panel discussions, updates from the White House Council on Environmental Quality (CEQ) and other federal agencies, and new formal charges for the WHEJAC. The WHEJAC invites public comments at the meeting on the subjects listed below (see SUPPLEMENTARY INFORMATION). Members of the public who wish to participate in the public comment period must register by 11:59 p.m. Eastern Time, Friday, October 4, 2024. SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 The WHEJAC meeting will be held at The Jackson Center, 6001 Moquin Drive Northwest in Huntsville, Alabama 35806. FOR FURTHER INFORMATION CONTACT: Audrie Washington, WHEJAC Designated Federal Officer, U.S. EPA; email: whejac@epa.gov; telephone: (202) 441–7295. For additional information about the WHEJAC, visit https:// www.epa.gov/environmentaljustice/ white-house-environmental-justiceadvisory-council#meetings. SUPPLEMENTARY INFORMATION: The Charter of the WHEJAC (available at https://www.epa.gov/system/files/ documents/2024-05/whejac-amendedcharter-jan-5-2024.pdf) states that the advisory committee ‘‘will provide independent advice and recommendations to the Chair of the Council on Environmental Quality (CEQ) and to the White House Environmental Justice Interagency Council (IAC) on how to increase the federal government’s efforts to address current and historic environmental injustice. The WHEJAC will provide advice and recommendations about broad cross-cutting issues related, but not limited, to issues of environmental justice and pollution reduction, energy, climate change mitigation and resiliency, environmental health, and racial inequity. The WHEJAC’s efforts will include 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. Information on how to register is located at https://www.epa.gov/ environmentaljustice/white-houseenvironmental-justice-advisory-council. Registration for the meeting is available until the scheduled end time of the meeting. Registration to speak during the public comment period will close at 11:59 p.m., Central Time, Friday, October 4, 2024. When registering, please provide your name, organization, city and state, and email address for follow up. Please also indicate whether you would like to provide public comment during the meeting, or if you are submitting written comments. A. Public Comment: The WHEJAC is interested in receiving public comments relevant to the following charges and topics: (1) EJ.gov (or EnvironmentalJustice.gov): What features, functions, and information should be added to the site, and how could the site be improved over time to meet the needs of stakeholders and the public? ADDRESSES: E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78868-78870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22061]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0476; FRL-11109-03-OCSPP]


Tris(2-chloroethyl) Phosphate (TCEP); Risk Evaluation Under the 
Toxic Substances Control Act (TSCA); Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
announcing the availability of the final risk evaluation under the 
Toxic Substances Control Act (TSCA) for tris(2-chloroethyl) phosphate 
(TCEP). 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

[[Page 78869]]

conditions of use. The Agency used the best available science to 
prepare this final risk evaluation and determined, based on the weight 
of scientific evidence, that TCEP poses unreasonable risk to human 
health and the environment. Under TSCA, EPA must initiate risk 
management actions to address the unreasonable risk.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0476, is available online 
at https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in-person, 
is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information: Chloe O'Haire, 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) 564-6785; email address: 
[email protected].
    For 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 (defined under 
TSCA section 3(9) to include import), processing, distribution, use, 
and disposal of TCEP, 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 conducted 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 the Agency 
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 scientific evidence, and consider 
reasonably available information, pursuant to 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 the final risk evaluation 
under TSCA for TCEP. 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. EPA has used the best 
available science to prepare this final risk evaluation and based on 
the weight of scientific evidence, determined that TCEP poses 
unreasonable risk to human health and the environment. Upon a 
determination of unreasonable risk, EPA must initiate risk management 
action as required pursuant to 15 U.S.C 2605(a) to address the 
unreasonable risk.

II. Background

A. What is tris(2-chloroethyl) phosphate (TCEP)?

    TCEP is a chlorinated phosphate ester present as a transparent 
liquid that is imported, processed, distributed, used, and disposed of 
as part of industrial, commercial, and consumer conditions of use. TCEP 
is primarily used as an additive flame retardant and plasticizer in 
polymers used in aerospace equipment and products, and as an additive 
flame retardant in paint and coating manufacturing. In the past, TCEP 
was processed in many products made in the United States, including 
fabrics and textiles, some types of foam, and construction materials--
some of which may still be in use today. The total aggregate annual 
production volume reported for TCEP under the Chemical Data Reporting 
(CDR) rule ranged from 39,682 to 158,728 pounds between 2012 and 2015, 
with no CDR-qualifying reports after 2015; annual production volume of 
TCEP is now somewhere below the 2020 CDR reporting threshold of 25,000 
pounds, with Datamyne showing 593 pounds of TCEP imported in 2020.

B. Risk Evaluation of Tris(2-chloroethyl) Phosphate (TCEP)

    In 2019, EPA announced its designation of TCEP as a high priority 
substance for risk evaluation under TSCA (Ref. 1). A draft scope of the 
TCEP risk evaluation was issued in April 2020 (Ref. 2), and after 
receiving public comment, EPA announced the final scope of the TCEP 
risk evaluation in September 2020 (Ref. 3). In June 2023, EPA proposed 
a significant new use rule (SNUR) for TCEP (Ref. 4). In December 2023, 
EPA released a draft risk evaluation for public comment and peer review 
(Ref. 5), and issued a request for nominations of expert reviewers to 
conduct a letter peer review was issued in September 2023 (Ref. 6).
    The final risk evaluation of TCEP addresses comments from both the 
public and letter peer review periods. The responses to peer review and 
public comments, along with the final TCEP risk evaluation (Ref. 7) and 
a non-technical summary (Ref. 8), are available in the docket.
    For more information about the TSCA risk evaluation process for 
existing chemicals, go to https://www.epa.gov/assessing-and-managing-chemicals-under-tsca.

III. Unreasonable Risk Determination

    EPA has determined that TCEP presents an unreasonable risk of 
injury to human health and the environment under the conditions of use. 
EPA has determined that the unreasonable risk to human health presented 
by TCEP is due to: (1) Non-cancer effects and cancer in workers from 
dermal and inhalation exposures; (2) Non-cancer effects and cancer in 
consumers from ingestion, dermal, and inhalation exposures; and (3) 
Non-cancer effects and cancer in the general population, including 
subsistence and tribal fishers from fish consumption.
    Additionally, EPA has determined that TCEP presents unreasonable 
risk to the environment due to chronic effects (mortality) to aquatic 
species using empirical fish data. Ten conditions of use from 
importing, processing, industrial uses, commercial uses, and consumer 
uses were identified to significantly contribute to the unreasonable 
risk.
    Consistent with the statutory requirements of TSCA section 6(a), 
EPA will propose risk management regulatory actions to the extent 
necessary so that TCEP no longer presents an unreasonable risk. The 
Agency expects to focus its risk management action on the conditions of 
use that significantly contribute to the unreasonable risk. However, it 
should be noted that, under TSCA section 6(a), EPA is not limited to 
regulating the specific activities found to contribute significantly to 
unreasonable risk and

[[Page 78870]]

may select from among a suite of risk management requirements in TSCA 
section 6(a) related to manufacture (including import), processing, 
distribution in commerce, commercial use, and disposal as part of its 
regulatory options to address the unreasonable risk. As a general 
example, EPA may regulate upstream activities (e.g., processing, 
distribution in commerce) to address downstream activities (e.g., 
consumer uses) contributing significantly to unreasonable risk, even if 
the upstream activities do not contribute significantly to the 
unreasonable risk.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. High-Priority Substance Designations Under the Toxic 
Substances Control Act (TSCA) and Initiation of Risk Evaluation on 
High-Priority Substances; Notice of Availability. Federal Register. 
84 FR 71924, December 30, 2019 (FRL-10003-15).
2. EPA. Draft Scopes of the Risk Evaluations To Be Conducted for 
Thirteen Chemical Substances Under the Toxic Substances Control Act; 
Notice of Availability. Federal Register. 85 FR 19941, April 9, 2020 
(FRL-10007-11).
3. EPA. Final Scopes of the Risk Evaluations To Be Conducted for 
Twenty Chemical Substances Under the Toxic Substances Control Act; 
Notice of Availability. Federal Register. 85 FR 55281, September 
2020 (FRL-10013-90).
4. EPA. Flame Retardants; Significant New Uses Rules for Certain 
Non-Ongoing Uses. Federal Register. Docket ID No. EPA-HQ-OPPT-2023-
0012. Federal Register. 88 FR 40728, June 22, 2023 (FRL-9430-01-
OCSPP).
5. EPA. Tris(2-chloroethyl) Phosphate (TCEP); Draft Risk Evaluation 
Under the Toxic Substances Control Act (TSCA); Letter Peer Review; 
Notice of Availability, Public Meeting and Request for Comment. 
Federal Register. 88 FR 86894, December 15, 2023 (FRL-11109-02-
OCSPP).
6. EPA. Tris(2-chloroethyl) Phosphate (TCEP); Draft Risk Evaluation 
under the Toxic Substances Control Act (TSCA); Letter Peer Review; 
Request for Nominations of Expert Reviewers. Federal Register. 88 FR 
67278, September 29, 2023 (FRL-11109-01-OCSPP).
7. EPA. Tris(2-chloroethyl) phosphate (TCEP); Regulation Under the 
Toxic Substances Control Act (TSCA); Comment Summary and Responses. 
September 2024. EPA Document ID No. EPA-740-R-24-011.
8. EPA. Non-technical Summary of the TSCA Risk Evaluation for 
Tris(2-chloroethyl) Phosphate (TCEP). September 2024. EPA Document 
ID No. EPA-740-S-24-003.

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

    Dated: September 23, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-22061 Filed 9-25-24; 8:45 am]
BILLING CODE 6560-50-P
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