[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18954-18957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06973]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0501; FRL-10006-93]


Asbestos; Draft Toxic Substances Control Act (TSCA) Risk 
Evaluation and TSCA Science Advisory Committee on Chemicals (SACC) 
Meetings; Notice of Availability, Public Meetings, and Request for 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of and soliciting public 
comment on the draft Toxic Substances Control Act (TSCA) risk 
evaluation of asbestos. EPA is also submitting the same document to the 
TSCA Science Advisory Committee on Chemicals (SACC) for peer review and 
is announcing that there will be two virtual public meetings of the 
TSCA SACC, with participation by phone and webcast only, and no in-
person gathering. The first virtual public meeting will be a 
preparatory meeting for the SACC to consider the scope and clarity of 
the draft charge questions for the peer review. This will be followed 
by the peer review virtual public meeting for the SACC to consider and 
review the draft risk evaluation. The purpose of conducting risk 
evaluations under TSCA is to determine whether a chemical substance 
presents an unreasonable risk of injury to health or the environment 
under the conditions of use, including an unreasonable risk to a 
relevant potentially exposed or susceptible subpopulation.

DATES: 
    Preparatory Virtual Meeting: Will be held on April 7, 2020, from 
1:00 p.m. to approximately 4:00 p.m. (EDT). You must register online on 
or before April 7, 2020, to receive the webcast meeting link and audio 
teleconference information. Submit your comments for the preparatory 
virtual meeting, or request time to present oral comments, on or before 
noon, April 3, 2020.
    Peer Review and Public Virtual Meeting: Will be held on April 27-
30, 2020, from 10:00 a.m. to approximately 5:00 p.m. (EDT) (as needed, 
updated times for each day may be provided in the meeting agenda that 
will be posted in the docket at http://www.regulations.gov and the TSCA 
SACC website at http://www.epa.gov/tsca-peer-review). You must register 
online to receive the webcast meeting link and audio teleconference 
information. To make oral comments during the peer review virtual 
public meeting, please register by noon on April 22, 2020, to be 
included on the meeting agenda. Any written comments submitted on the 
draft risk evaluation on or before April 22, 2020, will be provided to 
the TSCA SACC committee for their consideration before the meeting. 
Comments received after April 22, 2020, and prior to the oral public 
comment period during the meeting will be available to the SACC for 
their consideration during the meeting. All comments received by the 
end of the comment period will be considered by EPA.
    Comments: All comments on the draft risk evaluation must be 
received on or before June 2, 2020. For additional instructions, see 
Unit III. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: Virtual Meetings: Please visit http://www.epa.gov/tsca-peer-review to register. You must register online to receive the webcast 
meeting link and audio teleconference information for participation.
    Comments: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2019-0501, by one of the following methods:
     Federal eRulemaking Portal: http://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.
     Mail: OPPT Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.
    Requests to present oral comments and requests for special 
accommodations: Submit requests for special accommodations, or requests 
to present oral comments during the virtual meetings to the Designated 
Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT by 
the deadline identified in the DATES section.

FOR FURTHER INFORMATION CONTACT: TSCA SACC: Diana Wong, DFO, Office of 
Science Coordination and Policy (7201M), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone 
number: (202) 564-2049; email address: [email protected].

[[Page 18955]]

    Draft Risk Evaluation: Dr. Stan Barone, Office of Pollution 
Prevention and Toxics (7403M), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-1169; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may 
be of interest to persons who are or may be required to conduct testing 
and those interested in risk evaluations of chemical substances under 
TSCA, 15 U.S.C. 2601 et seq. Since other entities may also be 
interested in this draft risk evaluation, the EPA has not attempted to 
describe all the specific entities that may be affected by this action.

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

    TSCA section 6, 15 U.S.C. 2605, requires EPA to conduct risk 
evaluations to ``determine whether a chemical substance presents an 
unreasonable risk of injury to health or the environment, without 
consideration of costs or other nonrisk factors, including an 
unreasonable risk to a potentially exposed or susceptible subpopulation 
identified as relevant to the risk evaluation by the Administrator, 
under the conditions of use.'' 15 U.S.C. 2605(b)(4)(A). TSCA sections 
6(b)(4)(A) through (H) enumerate the deadlines and minimum requirements 
applicable to this process, including provisions that provide 
instruction on chemical substances that must undergo evaluation, the 
minimum components of a TSCA risk evaluation, and the timelines for 
public comment and completion of the risk evaluation. TSCA also 
requires that EPA operate in a manner that is consistent with the best 
available science, make decisions based on the weight of the scientific 
evidence and consider reasonably available information. 15 U.S.C. 
2625(h), (i), and (k).
    The statute identifies the minimum components for all chemical 
substance risk evaluations. For each risk evaluation, EPA must publish 
a document that outlines the scope of the risk evaluation to be 
conducted, which includes the hazards, exposures, conditions of use, 
and the potentially exposed or susceptible subpopulations that EPA 
expects to consider. 15 U.S.C. 2605(b)(4)(D). The statute further 
provides that each risk evaluation must also: (1) Integrate and assess 
available information on hazards and exposures for the conditions of 
use of the chemical substance, including information that is relevant 
to specific risks of injury to health or the environment and 
information on relevant potentially exposed or susceptible 
subpopulations; (2) describe whether aggregate or sentinel exposures 
were considered and the basis for that consideration; (3) take into 
account, where relevant, the likely duration, intensity, frequency, and 
number of exposures under the conditions of use; and (4) describe the 
weight of the scientific evidence for the identified hazards and 
exposures. 15 U.S.C. 2605(b)(4)(F)(i)-(ii) and (iv)-(v). Each risk 
evaluation must not consider costs or other nonrisk factors. 15 U.S.C. 
2605(b)(4)(F)(iii).
    The statute requires that the risk evaluation process last no 
longer than three years, with a possible additional six-month 
extension. 15 U.S.C. 2605(b)(4)(G). The statute also requires that the 
EPA allow for no less than a 30-day public comment period on the draft 
risk evaluation, prior to publishing a final risk evaluation. 15 U.S.C. 
2605(b)(4)(H).

C. What action is EPA taking?

    EPA is announcing the availability of and seeking public comment on 
the draft risk evaluation of the chemical substance identified in Unit 
II. EPA is seeking public comment on all aspects of the draft risk 
evaluation, including any preliminary conclusions, findings, and 
determinations, and the submission of any additional information that 
might be relevant to the draft risk evaluation, including the science 
underlying the risk evaluation and the outcome of the systematic review 
associated with the chemical substance. This 60-day comment period on 
the draft risk evaluation satisfies TSCA section 6(b)(4)(H), which 
requires EPA to ``provide no less than 30 days public notice and an 
opportunity for comment on a draft risk evaluation prior to publishing 
a final risk evaluation'' and 40 CFR 702.49(a), which states that ``EPA 
will publish a draft risk evaluation in the Federal Register, open a 
docket to facilitate receipt of public comment, and provide no less 
than a 60-day comment period, during which time the public may submit 
comment on EPA's draft risk evaluation.'' In addition to any new 
comments on the draft risk evaluation, the public should resubmit or 
clearly identify any previously filed comments, modified as 
appropriate, that are relevant to the draft risk evaluation and that 
the submitter feels have not been addressed. EPA does not intend to 
respond to comments submitted prior to the release of the draft risk 
evaluation unless they are clearly identified in comments on the draft 
risk evaluation.
    EPA is also submitting the draft risk evaluation and associated 
supported documents to the TSCA SACC for peer review and announcing the 
meeting for the peer review panel. All comments submitted to the docket 
on the draft risk evaluation by the deadline identified in the DATES 
section will be provided for consideration to the TSCA SACC peer review 
panel, which will have the opportunity to consider the comments during 
its discussions.

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

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed CBI. In addition to one complete 
version of the comment that includes information claimed as CBI, a copy 
of the comment that does not contain the information claimed as CBI 
must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Draft TSCA Risk Evaluation

A. What is EPA's risk evaluation process for existing chemicals under 
TSCA?

    The risk evaluation process is the second step in EPA's existing 
chemical process under TSCA, following prioritization and before risk 
management. As this chemical is part of the first ten chemical 
substances undergoing risk evaluation, the chemical substance was not 
required to go through prioritization (81 FR 91927, December 19, 2016) 
(FRL-9956-47). The purpose of conducting risk evaluations is to 
determine whether a chemical substance presents an unreasonable risk of 
injury to health or the environment, under the conditions of use, 
including an unreasonable risk to a relevant potentially exposed or 
susceptible subpopulation. As part of this process, EPA must evaluate 
both hazard and exposure, not consider costs or other nonrisk factors, 
use reasonably available information and approaches in a

[[Page 18956]]

manner that is consistent with the requirements in TSCA for the use of 
the best available science, and ensure decisions are based on the 
weight-of-scientific-evidence.
    The specific risk evaluation process that EPA has established by 
rule to implement the statutory process is set out in 40 CFR part 702 
and summarized on EPA's website at http://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluations-existing-chemicals-under-tsca. As explained in the preamble to EPA's final rule on 
procedures for risk evaluation (82 FR 33726, July 20, 2017) (FRL-9964-
38), the specific regulatory process set out in 40 CFR part 702, 
subpart B will be followed for the first ten chemical substances 
undergoing risk evaluation to the maximum extent practicable.

B. What is asbestos?

    Although there are several known types of asbestos, the only form 
of asbestos known to be imported, processed, or distributed for use in 
the United States at the posting of this draft risk evaluation is 
chrysotile. Raw chrysotile asbestos currently imported into the U.S. is 
used exclusively by the chlor-alkali industry. Based on 2019 data, the 
total amount of raw asbestos imported into the U.S. was 750 metric 
tons. EPA has also identified the importation of asbestos-containing 
products; however, the import volumes of those products are not fully 
known. The asbestos-containing products that EPA has identified as 
being imported and used are sheet gaskets, brake blocks, aftermarket 
automotive brakes/linings, other vehicle friction products, and other 
gaskets.
    EPA evaluated the following categories of conditions of use of 
chrysotile asbestos in this draft risk evaluation: Manufacturing; 
processing; distribution in commerce; occupational and consumer uses; 
and disposal. EPA continues to review the recent court decision in 
Safer Chemicals Healthy Families v. EPA, Nos. 17-72260 et al. (9th Cir. 
2019), and this draft risk evaluation does not reflect consideration of 
any legacy uses and associated disposal for chrysotile asbestos or 
other asbestos fiber types as a result of that decision. EPA is still 
seeking public comment on and peer review of this version, however. EPA 
intends to consider legacy uses and associated disposal in a 
supplemental scope document and supplemental risk evaluation.
    Information about the problem formulation and scope phases of the 
TSCA risk evaluation for this chemical is available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-asbestos-0.

III. TSCA SACC

A. What is the purpose of the TSCA SACC?

    The TSCA SACC was established by EPA in 2016 and operates in 
accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C. 
Appendix 2 et seq. The TSCA SACC provides expert independent scientific 
advice and consultation to the EPA on the scientific and technical 
aspects of risk assessments, methodologies, and pollution prevention 
measures and approaches for chemicals regulated under TSCA.
    The TSCA SACC is comprised of experts in: Toxicology; human health 
and environmental risk assessment; exposure assessment; and related 
sciences (e.g., synthetic biology, pharmacology, biotechnology, 
nanotechnology, biochemistry, biostatistics, physiologically based 
pharmacokinetic modelling (PBPK) modeling, computational toxicology, 
epidemiology, environmental fate, and environmental engineering and 
sustainability). When needed, the committee will be assisted in their 
reviews by ad hoc participants with specific expertise in the topics 
under consideration.

B. How can I access the TSCA SACC documents?

    EPA's background documents, related supporting materials, and draft 
charge questions to the TSCA SACC are available on the TSCA SACC 
website and in the docket established for the specific chemical 
substance. In addition, EPA will provide additional background 
documents (e.g., TSCA SACC members participating in this meeting and 
the meeting agenda) as the materials become available. You may obtain 
electronic copies of these documents, and certain other related 
documents that might be available, in the docket at http://www.regulations.gov and the TSCA SACC website at http://www.epa.gov/tsca-peer-review.
    After the public meeting, the TSCA SACC will prepare meeting 
minutes summarizing its recommendations to the EPA. The meeting minutes 
will be posted on the TSCA SACC website and in the relevant docket.

C. What do I need to know about the TSCA SACC public meetings?

    The focus of the public meetings is to peer review EPA's draft risk 
evaluation. After the peer review process, EPA will consider peer 
reviewer comments and recommendations and public comments, in 
finalizing the risk evaluation. The draft risk evaluation contains: 
Discussion of chemistry and physical-chemical properties; 
characterization of conditions of use; environmental fate and transport 
assessment; human health exposures; environmental hazard assessment; 
risk characterization; risk determination; and a detailed description 
of the systematic review process developed by the Office of Pollution 
Prevention and Toxics to search, screen, and evaluate scientific 
literature for use in the risk evaluation process.

D. How do I participate in the public meetings?

    You may participate in the public meetings by following the 
instructions in this unit. To ensure proper receipt by EPA, it is 
imperative that you identify the corresponding docket ID number in the 
subject line on the first page of your request.
    1. Preparatory virtual meeting. The preparatory virtual meeting 
will be conducted via webcast and telephone. You may participate in the 
preparatory virtual meeting by registering to join the webcast. You may 
also submit written or oral comments.
    i. Registration. You must register to participate in the 
preparatory virtual meeting. To participate by listening or making a 
comment during this meeting, please go to the EPA website to register: 
http://www.epa.gov/tsca-peer-review. Registration online will be 
confirmed by an email that will include the webcast meeting link and 
audio teleconference information.
    ii. Written comments. Written comments for consideration during the 
preparatory virtual meeting should be submitted, using the instructions 
in ADDRESSES and this unit, on or before the date set in the DATES 
section.
    iii. Oral comments. Requests to make brief oral comments to the 
TSCA SACC during the preparatory virtual meeting should be submitted 
when registering online or with the DFO listed under FOR FURTHER 
INFORMATION CONTACT on or before noon on the date set in the DATES 
section. Oral comments before the TSCA SACC during the preparatory 
virtual meeting are limited to approximately 5 minutes due to the time 
constraints of this virtual meeting.
    2. Peer review virtual meeting. The peer review virtual meeting 
will be conducted via webcast and telephone. You may participate in the 
peer review virtual meeting by registering to join the webcast. You may 
also submit written or oral comments.

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    i. Registration. You must register to participate in the peer 
review virtual meeting. To participate by listening or making a comment 
during this meeting, please go to the EPA website to register: http://www.epa.gov/tsca-peer-review. Registration online will be confirmed by 
an email that will include the webcast meeting link and audio 
teleconference information.
    ii. Written comments. To provide the TSCA SACC the time necessary 
to consider and review your comments, written comments for 
consideration during the peer review virtual meeting should be 
submitted, using the instructions in ADDRESSES and this unit, on or 
before the date set in the DATES section. Comments received after the 
date set in the DATES section and prior to the end of the oral public 
comment period during the meeting will still be provided to the TSCA 
SACC for their consideration.
    iii. Oral comments. To be included on the meeting agenda, requests 
to make brief oral comments to the TSCA SACC during the peer review 
virtual meeting should be submitted when registering online or with the 
DFO listed under FOR FURTHER INFORMATION CONTACT on or before noon on 
the date set in the DATES section. The request should identify the name 
of the individual making the presentation, and the organization (if 
any) the individual will represent. Oral comments before the TSCA SACC 
during the peer review virtual meeting are limited to approximately 5 
minutes. In addition, each speaker should email their comments and 
presentation to the DFO listed under FOR FURTHER INFORMATION CONTACT, 
preferably, at least 24 hours prior to the oral public comment period.

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

Andrew Wheeler,
Administrator.
[FR Doc. 2020-06973 Filed 4-2-20; 8:45 am]
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