Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability, 95777-95779 [2024-28285]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices transmission planning regions. The Fiscal Responsibility Act requires the ITC Study to include: (1) Current total transfer capability between each pair of neighboring transmission planning regions. (2) A recommendation of prudent additions to total transfer capability between each pair of neighboring transmission planning regions that would demonstrably strengthen reliability within and among such neighboring transmission planning regions. (3) Recommendations to meet and maintain total transfer capability together with such recommended prudent additions to total transfer capability between each pair of neighboring transmission planning regions. The Fiscal Responsibility Act requires NERC to submit the ITC Study to the Commission no later than 18 months after the date of enactment of the Act (i.e., by December 2, 2024). After the ITC Study is submitted to the Commission, the Commission must publish the study for public comment and, no later than 12 months after the end of the public comment period, submit a report on its conclusions to Congress and include recommendations, if any, for statutory changes.5 Comments may be filed electronically via the internet.6 Instructions are available on the Commission’s website https://www.ferc.gov/docs-filing/ efiling.asp. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at 1–866–208–3676, or for TTY, (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, submissions sent via the U.S. Postal Service must be addressed to: Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street NE, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Federal Energy Regulatory Commission, Office of the Secretary, 12225 Wilkins Avenue, Rockville, Maryland 20852. For more information about this Notice, please contact Jessica L. Cockrell at jessica.cockrell@ferc.gov or 202–502– 8190. For legal information, please contact Gonzalo E. Rodriguez at gonzalo.rodriguez@ferc.gov or 202–502– 8568. 5 Fiscal Responsibility Act of 2023, Public Law 118–5, 137 Stat 10, sec. 322 (2023). 6 See 18 CFR 385.2001(a)(1)(iii) (2024). VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 Dated: November 25, 2024. Debbie-Anne A. Reese, Secretary. [FR Doc. 2024–28251 Filed 12–2–24; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2021–0254; FRL–9347–07– OCSPP] 95777 Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–0515; email address: gimlin.peter@ 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 Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; 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 supplemental risk evaluation under the under the Toxic Substances Control Act (TSCA) for asbestos Part 2: addressing legacy uses and associated disposal. 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 conditions of use. For the part 2 supplemental risk evaluation, the Agency evaluated legacy uses and associated disposals of asbestos including chrysotile asbestos, five additional fiber types, conditions of use for asbestos-containing talc that are subject to TSCA, and Libby asbestos. EPA used the best available science to prepare this final supplemental risk evaluation and determined, based on the weight of scientific evidence, that asbestos poses unreasonable risk to human health. 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–EPA–HQ–OPPT–2021– 0254, 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: Peter Gimlin, Existing Chemicals Risk Management Division (7404M), Office of Pollution Prevention and Toxics, SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 asbestos-containing materials (ACMs), including construction professionals and individuals completing do-it-yourself (DIY) activities in buildings with ACMs, 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? TSCA section 6, 15 U.S.C. 2605, requires the Agency to 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 scientific evidence, and consider reasonably available information per 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 supplemental risk evaluation for asbestos legacy uses and associated disposals of Asbestos (also referred to as the Asbestos Part 2 Risk Evaluation) (Ref. 1). 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 E:\FR\FM\03DEN1.SGM 03DEN1 95778 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. The Agency has used the best available science to prepare this final risk evaluation and based on the weight of scientific evidence, determined that asbestos poses unreasonable risk to human health. 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. lotter on DSK11XQN23PROD with NOTICES1 II. Background When EPA designated asbestos as one of the first 10 existing chemicals to undergo risk evaluation under TSCA (Ref. 1), the risk evaluation focused on chrysotile asbestos, which is 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). (Ref. 2) 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. (Ref. 3) Legacy uses and associated disposals of chrysotile asbestos, five additional fiber types, conditions of use for asbestos-containing talc that are subject to TSCA, and Libby asbestos are the subject of the Asbestos Part 2 Risk Evaluation, which is scheduled to be finalized on or before December 1, 2024, per the consent decree in the case Asbestos Disease Awareness VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 Organization et al. v. Regan et al., 4:21– cv–03716 (N.D. Cal.). In the Asbestos Part 2 Risk Evaluation, EPA concludes that asbestos, as a chemical substance and as evaluated in parts 1 and 2 of the risk evaluation process under TSCA, presents an unreasonable risk of injury to health under its conditions of use. This single unreasonable risk determination for asbestos replaces the previous unreasonable risk determinations made for asbestos by individual conditions of use and supersedes the determination (and withdraws the associated order) of no unreasonable risk for the conditions of use identified in the TSCA section 6(i)(1) order in Section 5.3.1 of the December 2020 Risk Evaluation for Asbestos Part I: Chrysotile Asbestos (Ref. 4). This 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 unreasonable risk determination for asbestos. The final Asbestos Part 2 Risk Evaluation addresses comments from the public on the draft risk evaluation, as well as from the public comment and letter peer reviewer on the White Paper: Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2—Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos (Ref. 5). The responses to peer review and public comments (Refs. 8 and 9), along with the final Asbestos Part 2 Risk Evaluation (Ref. 1) and a nontechnical summary document (Ref. 6), 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 a single risk determination on the chemical substance asbestos is appropriate in order to protect health and the environment, because there are benchmark exceedances for multiple conditions of use (spanning across most aspects of the chemical life cycle, from manufacturing [including import], processing, industrial, commercial and consumer use, and disposal) for human health. Furthermore, the risk of severe health effects—specifically mesothelioma and lung, ovarian, and laryngeal cancers, along with noncancer effects—is associated with chronic inhalation exposures of PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 asbestos. Because these chemicalspecific properties cut across the conditions of use within the scope of the risk evaluation and a substantial portion of the conditions of use contribute to the unreasonable risk, it is therefore appropriate for the Agency to determine that the chemical substance presents an unreasonable risk. For those conditions of use assessed in the 2020 Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos (Ref. 4), EPA does not intend to amend, nor does a single risk determination on the chemical substance require, amending the underlying scientific analysis and the risk characterization. EPA has determined that asbestos presents an unreasonable risk of injury to human health under the conditions of use. The Agency has determined that the unreasonable risk to human health presented by asbestos is due to: (1) Cancer and non-cancer effects in workers, including ONUs and firefighters, from inhalation exposures; (2) Cancer and non-cancer effects in handlers and bystanders from inhalation exposures associated with handling of garments taken home from occupational exposure; (3) Cancer and non-cancer effects in consumers and bystanders from inhalation exposures; and (4) Cancer and non-cancer effects in the general population from inhalation exposures. Consistent with the statutory requirements of TSCA section 6(a), EPA will propose a risk management regulatory action to the extent necessary so that asbestos no longer presents an unreasonable risk to human health. The Agency expects to focus its risk management action on the conditions of use that significantly contribute to the unreasonable risk identified in the Asbestos Part 2 Risk Evaluation (Ref 3). However, it should be noted that under TSCA section 6(a), EPA is not limited to regulating the specific activities found to drive unreasonable risk and 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) driving unreasonable risk, even if the upstream activities do not drive the unreasonable risk. TSCA requires EPA to initiate regulatory action to address those risks through risk management measures E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices enumerated in TSCA section 6(a), 15 U.S.C. 2605(a). The Agency 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 or of certain uses. EPA will not be revisiting the risk management for the unreasonable risk that was identified in the Asbestos Part 1 Risk Evaluation (Ref. 4) and that was addressed in the final rule that was issued in March 2024 (89 FR 21970, March 28, 2024; FRL–8332–01–OCSPP). Like the prioritization and risk evaluation processes, there is an opportunity for public comment on any proposed risk management actions. lotter on DSK11XQN23PROD with NOTICES1 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. Asbestos (Part 1: Chrysotile Asbestos); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability. Federal Register. 86 FR 89, January 4, 2021 (FRL–10017– 43). 3. EPA. Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; Draft Risk Evaluation Under the Toxic Substances Control Act; Notice of Availability, Webinar and Request for Comment. Federal Register. 89 FR 26878, April 16, 2023 (FRL–9347–06–OCSPP). 4. EPA. Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. December 2020. Office of Chemical Safety and Pollution Prevention. Washington, DC. December 2020. (EPA Document ID No. EPA–HQ– OPPT–2021–0057–0007). https:// www.regulations.gov/document/EPAHQ-OPPT-2021-0057-0007. 5. EPA. Letter Peer Review; White Paper: Quantitative Human Health Approach To Be Applied in the Risk Evaluation for Asbestos Part 2; Notice of Availability and Request for Comment. Federal Register. 88 FR 51309, August 3, 2023 (FRL–10017–43). 6. EPA. Nontechnical Summary of the TSCA Risk Evaluation for Asbestos (Part 2) VerDate Sep<11>2014 18:24 Dec 02, 2024 Jkt 265001 November 2024. (EPA Document ID No. EPA–740–S–24–006). 7. EPA. Asbestos Part 1; Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA). Federal Register. 89 FR 21970, March 28, 2024 (FRL–8332–01–OCSPP). 8. EPA. Draft Comment Summary and Responses for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos; Regulation Under the Toxic Substances Control Act. November 2024. 9. EPA. Draft Comment Summary and Responses for Letter Peer Review of White Paper: Quantitative Human Health Approach To Be Applied in the Risk Evaluation for Asbestos Part 2. November 2024. Authority: 15 U.S.C. 2601 et seq. Dated: November 26, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024–28285 Filed 12–2–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2024–0425; FRL–12241– 02–OCSPP] 1,3-Butadiene; Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Science Advisory Committee on Chemicals (SACC) Peer Review; Notice of SACC Meeting, Availability of Draft Documents and Request for Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA or Agency) is announcing the availability of and soliciting public comment on the draft risk evaluation for 1,3-butadiene. The draft risk evaluation was prepared under the Toxic Substances Control Act (TSCA) and will be submitted to the Science Advisory Committee on Chemicals (SACC) for peer review. EPA is also announcing that there will be two virtual public meetings of the SACC: On February 4, 2025, a preparatory meeting for the SACC to consider the scope and clarity of the draft charge questions for the peer review; and on February 25 through 28, 2025, the peer review meeting for the SACC to consider the draft documents and public comments. DATES: Preparatory Public Meeting: Meeting date: February 4, 2025, 1:00 p.m. to approximately 4:00 p.m. (ET). Registration: To request time to present oral comments during the SUMMARY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 95779 preparatory meeting, you must register by noon (12:00 p.m. ET) on January 31, 2025. For those not making oral comments, registration will remain open through the end of this meeting on February 4, 2025. Comments: Submit written comments on the scope and clarity of the charge questions, by noon (12:00 p.m. ET) on January 28, 2025. (Submit a written version of your oral comments by noon (12:00 p.m. ET) on January 31, 2025.) SACC Peer Review Public Meeting: Meeting dates: February 25 through 28, 2025, 10:00 a.m. to approximately 5:00 p.m. (ET). Registration: To request time to present oral comments during the peer review meeting, you must register by noon, February 18, 2025. For those not making oral comments, registration will remain open through the end of this meeting on February 28, 2025. Comments: Submit written comments on the draft documents, and written version of your oral comments, on or before February 3, 2025. Special Accommodations: To allow sufficient time for EPA to process your request for special accommodations before the meeting, please submit the request at least ten business days in advance of the relevant meeting. ADDRESSES: Comments: Submit written comments, identified by docket identification (ID) number EPA–HQ–OPPT–2024–0425, through 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 information on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/. Meeting Registration: Online registration will be available beginning in January 2025. Please refer to the SACC website at https://www.epa.gov/ tsca-peer-review. After registering, you will receive the webcast and streaming service meeting links and audio teleconference information. Special accommodation requests: To request an accommodation for a disability, please contact the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Designated Federal Official (DFO): Alie Muneer, Mission Support Division (7602M), Office of Program Support, Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency; telephone number: (202) 564– E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95777-95779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28285]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2021-0254; FRL-9347-07-OCSPP]


Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and 
Associated Disposals; 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 supplemental risk evaluation 
under the under the Toxic Substances Control Act (TSCA) for asbestos 
Part 2: addressing legacy uses and associated disposal. 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. For the part 2 supplemental risk 
evaluation, the Agency evaluated legacy uses and associated disposals 
of asbestos including chrysotile asbestos, five additional fiber types, 
conditions of use for asbestos-containing talc that are subject to 
TSCA, and Libby asbestos. EPA used the best available science to 
prepare this final supplemental risk evaluation and determined, based 
on the weight of scientific evidence, that asbestos poses unreasonable 
risk to human health. 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-EPA-HQ-OPPT-2021-0254, 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: Peter Gimlin, Existing Chemicals Risk 
Management Division (7404M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-0515; 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, processing, 
distribution, use, and disposal of asbestos-containing materials 
(ACMs), including construction professionals and individuals completing 
do-it-yourself (DIY) activities in buildings with ACMs, 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?

    TSCA section 6, 15 U.S.C. 2605, requires the Agency to 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 scientific evidence, and 
consider reasonably available information per 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 supplemental risk 
evaluation for asbestos legacy uses and associated disposals of 
Asbestos (also referred to as the Asbestos Part 2 Risk Evaluation) 
(Ref. 1). 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

[[Page 95778]]

or susceptible subpopulations identified as relevant to the risk 
evaluation by EPA, under the conditions of use. The Agency has used the 
best available science to prepare this final risk evaluation and based 
on the weight of scientific evidence, determined that asbestos poses 
unreasonable risk to human health. 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

    When EPA designated asbestos as one of the first 10 existing 
chemicals to undergo risk evaluation under TSCA (Ref. 1), the risk 
evaluation focused on chrysotile asbestos, which is 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). (Ref. 2) 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. (Ref. 3) Legacy uses and 
associated disposals of chrysotile asbestos, five additional fiber 
types, conditions of use for asbestos-containing talc that are subject 
to TSCA, and Libby asbestos are the subject of the Asbestos Part 2 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 Risk Evaluation, EPA concludes that 
asbestos, as a chemical substance and as evaluated in parts 1 and 2 of 
the risk evaluation process under TSCA, presents an unreasonable risk 
of injury to health under its conditions of use. This single 
unreasonable risk determination for asbestos replaces the previous 
unreasonable risk determinations made for asbestos by individual 
conditions of use and supersedes the determination (and withdraws the 
associated order) of no unreasonable risk for the conditions of use 
identified in the TSCA section 6(i)(1) order in Section 5.3.1 of the 
December 2020 Risk Evaluation for Asbestos Part I: Chrysotile Asbestos 
(Ref. 4). This 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 
unreasonable risk determination for asbestos.
    The final Asbestos Part 2 Risk Evaluation addresses comments from 
the public on the draft risk evaluation, as well as from the public 
comment and letter peer reviewer on the White Paper: Quantitative Human 
Health Approach to be Applied in the Risk Evaluation for Asbestos Part 
2--Supplemental Evaluation Including Legacy Uses and Associated 
Disposals of Asbestos (Ref. 5). The responses to peer review and public 
comments (Refs. 8 and 9), along with the final Asbestos Part 2 Risk 
Evaluation (Ref. 1) and a nontechnical summary document (Ref. 6), 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 a single risk determination on the chemical 
substance asbestos is appropriate in order to protect health and the 
environment, because there are benchmark exceedances for multiple 
conditions of use (spanning across most aspects of the chemical life 
cycle, from manufacturing [including import], processing, industrial, 
commercial and consumer use, and disposal) for human health. 
Furthermore, the risk of severe health effects--specifically 
mesothelioma and lung, ovarian, and laryngeal cancers, along with non-
cancer effects--is associated with chronic inhalation exposures of 
asbestos. Because these chemical-specific properties cut across the 
conditions of use within the scope of the risk evaluation and a 
substantial portion of the conditions of use contribute to the 
unreasonable risk, it is therefore appropriate for the Agency to 
determine that the chemical substance presents an unreasonable risk. 
For those conditions of use assessed in the 2020 Risk Evaluation for 
Asbestos, Part 1: Chrysotile Asbestos (Ref. 4), EPA does not intend to 
amend, nor does a single risk determination on the chemical substance 
require, amending the underlying scientific analysis and the risk 
characterization.
    EPA has determined that asbestos presents an unreasonable risk of 
injury to human health under the conditions of use. The Agency has 
determined that the unreasonable risk to human health presented by 
asbestos is due to: (1) Cancer and non-cancer effects in workers, 
including ONUs and firefighters, from inhalation exposures; (2) Cancer 
and non-cancer effects in handlers and bystanders from inhalation 
exposures associated with handling of garments taken home from 
occupational exposure; (3) Cancer and non-cancer effects in consumers 
and bystanders from inhalation exposures; and (4) Cancer and non-cancer 
effects in the general population from inhalation exposures.
    Consistent with the statutory requirements of TSCA section 6(a), 
EPA will propose a risk management regulatory action to the extent 
necessary so that asbestos no longer presents an unreasonable risk to 
human health. The Agency expects to focus its risk management action on 
the conditions of use that significantly contribute to the unreasonable 
risk identified in the Asbestos Part 2 Risk Evaluation (Ref 3). 
However, it should be noted that under TSCA section 6(a), EPA is not 
limited to regulating the specific activities found to drive 
unreasonable risk and 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) driving unreasonable risk, even if the upstream 
activities do not drive the unreasonable risk.
    TSCA requires EPA to initiate regulatory action to address those 
risks through risk management measures

[[Page 95779]]

enumerated in TSCA section 6(a), 15 U.S.C. 2605(a). The Agency 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 or of certain uses. 
EPA will not be revisiting the risk management for the unreasonable 
risk that was identified in the Asbestos Part 1 Risk Evaluation (Ref. 
4) and that was addressed in the final rule that was issued in March 
2024 (89 FR 21970, March 28, 2024; FRL-8332-01-OCSPP).
    Like the prioritization and risk evaluation processes, there is an 
opportunity for public comment on any proposed risk management actions.

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. Asbestos (Part 1: Chrysotile Asbestos); Final Toxic 
Substances Control Act (TSCA) Risk Evaluation; Notice of 
Availability. Federal Register. 86 FR 89, January 4, 2021 (FRL-
10017-43).
3. EPA. Asbestos Part 2 Supplemental Evaluation Including Legacy 
Uses and Associated Disposals; Draft Risk Evaluation Under the Toxic 
Substances Control Act; Notice of Availability, Webinar and Request 
for Comment. Federal Register. 89 FR 26878, April 16, 2023 (FRL-
9347-06-OCSPP).
4. EPA. Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. 
December 2020. Office of Chemical Safety and Pollution Prevention. 
Washington, DC. December 2020. (EPA Document ID No. EPA-HQ-OPPT-
2021-0057-0007). https://www.regulations.gov/document/EPA-HQ-OPPT-2021-0057-0007.
5. EPA. Letter Peer Review; White Paper: Quantitative Human Health 
Approach To Be Applied in the Risk Evaluation for Asbestos Part 2; 
Notice of Availability and Request for Comment. Federal Register. 88 
FR 51309, August 3, 2023 (FRL-10017-43).
6. EPA. Nontechnical Summary of the TSCA Risk Evaluation for 
Asbestos (Part 2) November 2024. (EPA Document ID No. EPA-740-S-24-
006).
7. EPA. Asbestos Part 1; Chrysotile Asbestos; Regulation of Certain 
Conditions of Use Under the Toxic Substances Control Act (TSCA). 
Federal Register. 89 FR 21970, March 28, 2024 (FRL-8332-01-OCSPP).
8. EPA. Draft Comment Summary and Responses for Asbestos Part 2: 
Supplemental Evaluation Including Legacy Uses and Associated 
Disposals of Asbestos; Regulation Under the Toxic Substances Control 
Act. November 2024.
9. EPA. Draft Comment Summary and Responses for Letter Peer Review 
of White Paper: Quantitative Human Health Approach To Be Applied in 
the Risk Evaluation for Asbestos Part 2. November 2024.

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

    Dated: November 26, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-28285 Filed 12-2-24; 8:45 am]
BILLING CODE 6560-50-P
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