[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38746-38747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13852]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2021-0254; FRL-9347-02-OCSPP]


Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and 
Associated Disposals of Asbestos; Final Scope of the Risk Evaluation To 
Be Conducted Under the Toxic Substances Control Act; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with implementing regulations for the Toxic 
Substances Control Act (TSCA), EPA is announcing the availability of 
the final scope of the risk evaluation to be conducted for Asbestos 
Part 2: Supplemental Evaluation Including Legacy Uses and Associated 
Disposals of Asbestos. In the Part 2 risk evaluation for asbestos, EPA 
will evaluate the conditions of use of asbestos (including other types 
of asbestos fibers in addition to chrysotile) that EPA had excluded 
from Part 1 as legacy uses and associated disposals, as well as any 
conditions of use of asbestos-containing talc. The final scope for this 
chemical substance includes the conditions of use, hazards, exposures, 
and the potentially exposed or susceptible subpopulations that EPA 
plans to consider in conducting the risk evaluation for this chemical 
substance.

ADDRESSES: The docket, identified by docket identification (ID) number 
EPA-HQ-OPPT-2021-0254, is available online at https://www.regulations.gov or in-person at the Office of Pollution Prevention 
and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. Additional information about 
visiting the docket is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Peter Gimlin, Existing Chemical Risk Management Division, Office of 
Pollution Prevention and Toxics, Environmental Protection Agency 
(Mailcode 7404T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; 
telephone number: (202) 566-0515; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202) 
554-1404; 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 and may be of 
interest to entities that manufacture (including import) a chemical 
substance regulated under TSCA, 15 U.S.C. 2601 et seq., (e.g., entities 
identified under North American Industrial Classification System 
(NAICS) codes 325 and 324110). The action may also be of interest to 
chemical processors, distributors in commerce, and users; non-
governmental organizations in the environmental and public health 
sectors; state and local government agencies; and members of the 
public. Since other entities may also be interested, the Agency has not 
attempted to describe all the specific entities and corresponding NAICS 
codes for entities that may be interested in or affected by this 
action.

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

    The final scope document is issued pursuant to TSCA section 
6(b)(4)(D) and TSCA implementing regulations at 40 CFR 702.41(c)(8).

C. What action is the Agency taking?

    EPA is publishing the final scope of the risk evaluation for 
Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and 
Associated Disposals of Asbestos. Through the TSCA risk evaluation 
process, EPA will determine whether the 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, in 
accordance with TSCA section 6(b)(4).

II. Background

    In June 2016, EPA designated asbestos as one the first 10 chemicals 
to undergo risk evaluation under TSCA, as amended by Frank R. 
Lautenberg Chemical Safety for the 21st Century Act. EPA initially 
focused the risk evaluation for asbestos on chrysotile asbestos as this 
is the only asbestos fiber type that is currently imported, processed, 
or distributed in the United States. However, in late 2019, the court 
in Safer Chemicals, Healthy Families v. EPA, 943 F.3d 397 (9th Cir. 
2019) 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) or ``associated disposals'' (i.e., future disposal of 
legacy uses) from the definition of conditions of use, although the 
court did uphold EPA's exclusion of ``legacy disposals'' (i.e., past 
disposal).
    Following this court ruling, EPA continued development of the risk 
evaluation focused on chrysotile asbestos and determined that the risk 
evaluation for asbestos would be issued in two parts. The risk 
evaluation for Asbestos Part 1: Chrysotile Asbestos was released in 
January 2021 (86 FR 89, January 4, 2021; FRL-10017-43), allowing the 
Agency to expeditiously move into risk management for the unreasonable 
risk identified in Part 1. Under the consent decree in the case 
Asbestos Disease Awareness Organization et al v. Regan et al, 4:21-

[[Page 38747]]

cv-03716 (N.D. Cal.), EPA is required to publish a final Part 2 Risk 
Evaluation for Asbestos on or before December 1, 2024. The final scope 
of the Risk Evaluation for Asbestos Part 2 is the subject of this 
notice.
    The purpose of a risk evaluation is to determine whether a chemical 
substance presents an unreasonable risk to health or the environment, 
without consideration of costs or other nonrisk factors, including an 
unreasonable risk to a relevant potentially exposed or susceptible 
subpopulation, under the conditions of use (15 U.S.C. 2605(b)(4)(A)). 
As part of this process, EPA must evaluate both hazards and exposures 
for the conditions of use; describe whether aggregate or sentinel 
exposures were considered and the basis for consideration; not consider 
costs or other nonrisk factors; take into account where relevant, 
likely duration, intensity, frequency, and number of exposures; and 
describe the weight-of-scientific-evidence for hazards and exposures 
(15 U.S.C. 2605(b)(4)(F)). This process will culminate in a 
determination of whether or not the chemical substance presents an 
unreasonable risk of injury to health or the environment under the 
conditions of use (15 U.S.C. 2605(b)(4)(A); 40 CFR 702.47).

III. Information and Comments Received on the Draft Scope

    In the Federal Register of December 29, 2021 (Ref. 1), EPA 
announced the availability of the draft scope document for the Part 2 
risk evaluation for asbestos to be conducted under TSCA and invited 
public comments on EPA's draft scope document, including additional 
data or information relevant to the chemical substance or that 
otherwise could be useful to the Agency in finalizing the scope of the 
risk evaluation. To the extent that comments provided information on 
conditions of use, as well as other elements of the draft scope 
document, those comments and other submitted information (e.g., 
relevant studies, assessments, information on degradation products, and 
information on conditions of use) were used to inform revisions to the 
draft scope document and may be considered in subsequent phases of the 
risk evaluation process.
    EPA received 38 unique submissions, including comments from 
potentially affected businesses or trade associations, environmental 
and public health advocacy groups, and members of the general public.
    Comments addressed the overall approach to the risk evaluation 
process (e.g., collection, consideration, and systematic review of 
relevant information), the specific elements of the scope document 
(e.g., human hazard, exposure, and potentially exposed or susceptible 
subpopulations), information specific to asbestos (e.g., physical-
chemical properties and fate, relevant studies, and conditions of use), 
and topics beyond the draft scope document phase of the TSCA section 6 
process (e.g., risk management). EPA considered those comments, as 
applicable and appropriate, in developing the final scope document. 
Concurrently with the publication of the final scope document, EPA is 
publishing a response to comments document that contains a 
comprehensive summary of and response to public comments received on 
the draft scope document for Part 2 of the Risk Evaluation for 
Asbestos. The comprehensive response to comments document is available 
in the docket EPA-HQ-OPPT-2021-0254 (Ref. 2).

IV. References

    The following is a listing of the documents that are specifically 
referenced in this Federal Register notice. The docket for this action 
includes these documents and other information considered by EPA, 
including documents that are referenced within the documents that are 
included in the docket. For assistance in locating these referenced 
documents, please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

1. EPA. Asbestos Part 2: Supplemental Evaluation Including Legacy 
Uses and Associated Disposals of Asbestos; Draft Scope of the Risk 
Evaluation To Be Conducted Under the Toxic Substances Control Act; 
Notice of Availability and Request for Comments. Federal Register. 
(86 FR 74088, December 29, 2021) (FRL-9347-01-OCSPP).
2. EPA. EPA Response to Public Comments Received on the Draft Scopes 
of the Risk Evaluations under the Toxic Substances Control Act 
(TSCA) for: Asbestos Part 2: Supplemental Evaluation Including 
Legacy Uses and Associated Disposals of Asbestos (June 2022).

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

    Dated: June 24, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2022-13852 Filed 6-28-22; 8:45 am]
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