[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)] [Notices] [Pages 54491-54496] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2022-19093] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0725; FRL-9403-02-OCSPP] Colour Index Pigment Violet 29 (PV29); Revision to the Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is announcing the availability of the final revision to the risk determination for the Colour Index Pigment Violet 29 (PV29) risk evaluation issued under the Toxic Substances Control Act (TSCA). The revision to the PV29 risk determination reflects the announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science and the law. EPA determined that PV29, as a whole chemical substance, presents an unreasonable risk of injury to health when evaluated under its conditions of use. In addition, this revised risk determination does not reflect an assumption that workers always appropriately wear personal protective equipment (PPE). EPA understands that there could be occupational safety protections in place at workplace locations; however, not assuming use of PPE reflects EPA's recognition that unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by Occupational Safety and Health Administration (OSHA) standards, or their employers are out of compliance with OSHA standards, or because many of OSHA's chemical-specific permissible exposure limits largely adopted in the 1970's are described by OSHA as being ``outdated and inadequate for ensuring protection of worker health,'' or because OSHA has not issued a chemical-specific permissible exposure limit (PEL) (as is the case for PV29), or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. This revision supersedes the condition of use-specific no unreasonable risk determinations in the January 2021 PV29 Risk Evaluation and withdraws the associated TSCA order included in the January 2021 PV29 Risk Evaluation. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2016-0725, 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 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. FOR FURTHER INFORMATION CONTACT: For technical information contact: Dyllan Taylor, Office of Pollution Prevention and Toxics (7404T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-2913; email address: [email protected]. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 [[Page 54492]] 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 those involved in the manufacture, processing, distribution, use, disposal, and/or the assessment of risks involving chemical substances and mixtures. You may be potentially affected by this action if you manufacture (defined under TSCA to include import), process (including recycling), distribute in commerce, use or dispose of PV29, including PV29 in products. Since other entities may also be interested in this revision to the risk determination, 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 (PESS) 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) through (ii) and (iv) through (v). Each risk evaluation must not consider costs or other nonrisk factors. 15 U.S.C. 2605(b)(4)(F)(iii). EPA has inherent authority to reconsider previous decisions and to revise, replace, or repeal a decision to the extent permitted by law and supported by reasoned explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009); see also Motor Vehicle Mfrs. Ass'n v. State Farm Mutual Auto. Ins. Co., 463 U.S. 29, 42 (1983). C. What action is EPA taking? EPA is announcing the availability of the final revision to the risk determination for the PV29 risk evaluation issued under TSCA that published in January 2021. In March 2022, EPA sought public comment on the draft revisions (87 FR 12690, March 7, 2022). EPA appreciates the public comments received on the draft revision to the PV29 risk determination. After review of these comments and consideration of the specific circumstances of PV29, EPA concludes that the Agency's risk determination for PV29 is better characterized as a whole chemical risk determination rather than condition-of-use-specific risk determinations. Accordingly, EPA is revising and replacing section 5 of the January 2021 PV29 Risk Evaluation (Ref. 1) where the findings of unreasonable risk to health and the environment were previously made for the individual conditions of use evaluated. EPA is also withdrawing the previously issued TSCA section 6(i)(l) order for four conditions of use previously determined not to present unreasonable risk which was included in section 5.4.1 of the January 2021 PV29 Risk Evaluation (Ref. 1). This final revision to the PV29 risk determination is consistent with EPA's plans to revise specific aspects of the first ten TSCA chemical risk evaluations to ensure that the risk evaluations better align with TSCA's objective of protecting health and the environment. The ten conditions of use identified in the January 2021 PV29 Risk Evaluation (Ref. 1) as presenting unreasonable risk still drive the unreasonable risk determination for PV29. Removing the assumption that workers always and appropriately wear PPE (see unit II.C) does not alter the conditions of use or worker subpopulations driving the unreasonable risk determination for PV29. Four out of 14 conditions of use do not drive the unreasonable risk determination for PV29, and those conditions of use have been identified in the final revised unreasonable risk determination. However, EPA is not making condition- of-use-specific risk determinations for those conditions of use, and for purposes of TSCA section 6(i), EPA is not issuing a final order under TSCA section 6(i)(1) and does not consider the revised risk determination to constitute a final agency action at this point in time. Overall, ten conditions of use drive the PV29 whole chemical unreasonable risk determination due to risks identified for human health. The full list of the conditions of use evaluated for the PV29 TSCA risk evaluation is in table 1-3 of the 2021 PV29 Risk Evaluation (Ref. 1) available here: https://www.epa.gov/sites/default/files/2021-01/documents/1_final_risk_evaluation_for_c.i._pigment_violet_29.pdf. II. Background A. Why is EPA re-issuing the risk determination for the PV29 risk evaluation conducted under TSCA? In accordance with Executive Order 13990 (``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis'') and other Administration priorities (Refs. 2, 3, 4, and 5), EPA reviewed the risk evaluations for the first ten chemical substances, including PV29, to ensure that they meet the requirements of TSCA, including conducting decision-making in a manner that is consistent with the best available science. As a result of this review, EPA announced plans to revise specific aspects of the first ten risk evaluations in order to ensure that the risk evaluations appropriately identify unreasonable risks and thereby help ensure the protection of human health and the environment (available here: https://www.epa.gov/newsreleases/epa-announces-path-forward-tsca-chemical-risk-evaluations). Following a review of specific aspects of the January 2021 PV29 Risk Evaluation (Ref. 1) and after considering comments received on a [[Page 54493]] draft revised risk determination for PV29, EPA has determined that making an unreasonable risk determination for PV29 as a whole chemical substance, rather than making unreasonable risk determinations separately on each individual condition of use evaluated in the risk evaluation, is the most appropriate approach for PV29 under the statute and implementing regulations. In addition, EPA's final risk determination is explicit insofar as it does not rely on assumptions regarding the use of PPE in making the unreasonable risk determination under TSCA section 6, even though some facilities might be using PPE as one means to reduce worker exposures; rather, the use of PPE as a means of addressing unreasonable risk will be considered during risk management, as appropriate. This action pertains only to the risk determination for PV29. While EPA intends to consider and may take additional similar actions on other of the first ten chemicals, EPA is taking a chemical-specific approach to reviewing these risk evaluations and is incorporating new policy direction in a surgical manner, while being mindful of Congressional direction on the need to complete risk evaluations and move toward any associated risk management activities in accordance with statutory deadlines. B. What is a whole chemical view of the unreasonable risk determination for the PV29 risk evaluation? TSCA section 6 repeatedly refers to determining whether a chemical substance presents unreasonable risk under its conditions of use. Stakeholders have disagreed over whether a chemical substance should receive: A single determination that is comprehensive for the chemical substance after considering the conditions of use, referred to as a whole-chemical determination; or multiple determinations, each of which is specific to a condition of use, referred to as condition-of-use- specific determinations. As explained in the Federal Register document announcing the availability of the draft revised risk determination for PV29 (87 FR 12690, March 7, 2022), the proposed Risk Evaluation Procedural Rule (Ref. 6) was premised on the whole chemical approach to making unreasonable risk determinations. In that proposed rule, EPA acknowledged a lack of specificity in statutory text that might lead to different views about whether the statute compelled EPA's risk evaluations to address all conditions of use of a chemical substance or whether EPA had discretion to evaluate some subset of conditions of use (i.e., to scope out some manufacturing, processing, distribution in commerce, use, or disposal activities), but also stated that ``EPA believes the word `the' [in TSCA section 6(b)(4)(A)] is best interpreted as calling for evaluation that considers all conditions of use.'' The proposed rule, however, was unambiguous on the point that unreasonable risk determinations would be for the chemical substance as a whole, even if based on a subset of uses. See Ref. 6 at 7565-66 (``TSCA section 6(b)(4)(A) specifies that a risk evaluation must determine whether `a chemical substance' presents an unreasonable risk of injury to health or the environment `under the conditions of use.' The evaluation is on the chemical substance--not individual conditions of use--and it must be based on `the conditions of use.' In this context, EPA believes the word `the' is best interpreted as calling for evaluation that considers all conditions of use.''). In proposed regulatory text, EPA proposed to determine whether the chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use. (Ref. 6 at 7480). The final Risk Evaluation Procedural Rule stated (82 FR 33726, July 20, 2017 (FRL-9964-38)) (Ref. 7): ``As part of the risk evaluation, EPA will determine whether the chemical substance presents an unreasonable risk of injury to health or the environment under each condition of uses [sic] within the scope of the risk evaluation, either in a single decision document or in multiple decision documents'' (40 CFR 702.47). For the unreasonable risk determinations in the first ten risk evaluations, EPA applied this provision by making individual risk determinations for each condition of use evaluated as part of each risk evaluation document (i.e., the condition-of-use-specific approach to risk determinations). That approach was based on one particular passage in the preamble to the final Risk Evaluation Rule which stated that EPA will make individual risk determinations for all conditions of use identified in the scope. (Ref. 7 at 33744). In contrast to this portion of the preamble of the final Risk Evaluation Rule, the regulatory text itself and other statements in the preamble reference a risk determination for the chemical substance under its conditions of use, rather than separate risk determinations for each of the conditions of use of a chemical substance. In the key regulatory provision excerpted previously from 40 CFR 702.47, the text explains that, ``[a]s part of the risk evaluation, EPA will determine whether the chemical substance presents an unreasonable risk of injury to health or the environment under each condition of uses [sic] within the scope of the risk evaluation, either in a single decision document or in multiple decision documents'' (emphasis added). Other language reiterates this perspective. For example, 40 CFR 702.31(a) states that the purpose of the rule is to establish the EPA process for conducting a risk evaluation to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment as required under TSCA section 6(b)(4)(B). Likewise, there are recurring references to whether the chemical substance presents an unreasonable risk in 40 CFR 702.41(a). See, for example, 40 CFR 702.41(a)(6), which explains that the extent to which EPA will refine its evaluations for one or more condition of use in any risk evaluation will vary as necessary to determine whether a chemical substance presents an unreasonable risk. Notwithstanding the one preambular statement about condition-of-use- specific risk determinations, the preamble to the final rule also contains support for a risk determination on the chemical substance as a whole. In discussing the identification of the conditions of use of a chemical substance, the preamble notes that this task inevitably involves the exercise of discretion on EPA's part, and ``as EPA interprets the statute, the Agency is to exercise that discretion consistent with the objective of conducting a technically sound, manageable evaluation to determine whether a chemical substance--not just individual uses or activities--presents an unreasonable risk.'' (Ref. 7 at 33729). Therefore, notwithstanding EPA's choice to issue condition-of-use- specific risk determinations to date, EPA interprets its risk evaluation regulation to also allow the Agency to issue whole-chemical risk determinations. Either approach is permissible under the regulation. A panel of the Ninth Circuit Court of Appeals also recognized the ambiguity of the regulation on this point. Safer Chemicals v. EPA, 943 F.3d 397, 413 (9th Cir. 2019) (holding a challenge about ``use-by-use risk evaluations [was] not justiciable because it is not clear, due to the ambiguous text of the Risk Evaluation Rule, whether the Agency will actually conduct risk evaluations in the manner Petitioners fear''). EPA plans to consider the appropriate approach for each chemical substance [[Page 54494]] risk evaluation on a case-by-case basis, taking into account considerations relevant to the specific chemical substance in light of the Agency's obligations under TSCA. The Agency expects that this case- by-case approach will provide greater flexibility in the Agency's ability to evaluate and manage unreasonable risk from individual chemical substances. EPA believes this is a reasonable approach under TSCA and the Agency's implementing regulations. With regard to the specific circumstances of PV29, EPA has determined that a whole chemical approach is appropriate for PV29 in order to protect health and the environment. The whole chemical approach is appropriate for PV29 because there are benchmark exceedances for substantial number of conditions of use (spanning across most aspects of the chemical lifecycle--from manufacturing (including import), processing, industrial and commercial use, and disposal) for health of workers and occupational non-users and severe health effects (specifically alveolar hyperplasia) associated with PV29 exposures. Because these chemical-specific properties cut across the conditions of use within the scope of the risk evaluation, a substantial amount of the conditions of use drive the unreasonable risk; therefore, it is appropriate for the Agency to make a determination for PV29 that the whole chemical presents an unreasonable risk. As explained later in this document, the revisions to the unreasonable risk determination (section 5 of the 2021 PV29 Risk Evaluation (Ref. 1)) follow the issuance of a draft revision to the TSCA PV29 unreasonable risk determination (87 FR 12690, March 07, 2022) and the receipt of public comment. A response to comments document is also being issued with the final revised unreasonable risk determination for PV29. The revisions to the unreasonable risk determination are based on the existing risk characterization section of the 2021 PV29 Risk Evaluation (Ref. 1) (section 4) and do not involve additional technical or scientific analysis. The discussion of the issues in this Federal Register document and in the accompanying final revised risk determination for PV29 supersede any conflicting statements in the January 2021 PV29 Risk Evaluation (Ref. 1) and the earlier response to comments document (Ref. 8). EPA views the peer reviewed hazard and exposure assessments and associated risk characterization as robust and upholding the standards of best available science and weight of the scientific evidence per TSCA sections 26(h) and (i). For purposes of TSCA section 6(i), EPA is making a risk determination on PV29 as a whole chemical. Under the revised approach, the ``whole chemical'' risk determination for PV29 supersedes the no unreasonable risk determinations for PV29 that were premised on a condition-of-use-specific approach to determining unreasonable risk and also contains an order withdrawing the TSCA section 6(i)(1) order in section 5.4.1 of the January 2021 PV29 Risk Evaluation (Ref. 1). C. What revision is EPA now making final about the use of PPE for the PV29 risk evaluation? In the risk evaluations for the first ten chemical substances, as part of the unreasonable risk determination, EPA assumed for several conditions of use that workers were provided and always used PPE in a manner that achieves the stated assigned protection factor (APF) for respiratory protection, or used impervious gloves for dermal protection. In support of this assumption, EPA used reasonably available information such as public comments indicating that some employers, particularly in the industrial setting, provide PPE to their employees and follow established worker protection standards (e.g., OSHA requirements for protection of workers). For the January 2021 PV29 Risk Evaluation (Ref. 1), EPA assumed, based on information provided by the manufacturer of PV29, that workers use PPE--specifically, respirators with an APF ranging from 10 to 25-- for eight conditions of use. In the January 2021 PV29 Risk Evaluation (Ref. 1), however, EPA determined that there is unreasonable risk to these workers even with this assumed PPE use. EPA is revising the assumption for PV29 that workers always or properly use PPE, although it does not question the public comments received regarding the occupational safety practices often followed by industry respondents. When characterizing the risk to human health from occupational exposures during risk evaluation under TSCA, EPA believes it is appropriate to evaluate the levels of risk present in baseline scenarios where PPE is not assumed to be used by workers. This approach of not assuming PPE use by workers considers the risk to potentially exposed or susceptible subpopulations of workers who may not be covered by OSHA standards, such as self-employed individuals and public sector workers who are not covered by a State Plan. It should be noted that, in some cases, baseline conditions may reflect certain mitigation measures, such as engineering controls, in instances where exposure estimates are based on monitoring data at facilities that have engineering controls in place. In addition, EPA believes it is appropriate to evaluate the levels of risk present in scenarios considering applicable OSHA requirements (e.g., chemical-specific permissible exposure limits (PELs) and/or chemical-specific PELs with additional substance-specific standards) as well as scenarios considering industry or sector best practices for industrial hygiene that are clearly articulated to the Agency. Consistent with this approach, the January 2021 PV29 Risk Evaluation (Ref. 1) characterized risk to workers both with and without the use of PPE. By characterizing risks using scenarios that reflect different levels of mitigation, EPA risk evaluations can help inform potential risk management actions by providing information that could be used during risk management to tailor risk mitigation appropriately to address any unreasonable risk identified, or to ensure that applicable OSHA requirements or industry or sector best practices that address the unreasonable risk are required for all potentially exposed and susceptible subpopulations (including self-employed individuals and public sector workers who are not covered by an OSHA State Plan). When undertaking unreasonable risk determinations as part of TSCA risk evaluations, however, EPA does not believe it is appropriate to assume as a general matter that an applicable OSHA requirement or industry practice related to PPE use is consistently and always properly applied. Mitigation scenarios included in the EPA risk evaluation (e.g., scenarios considering use of various PPE) likely represent what is happening already in some facilities. However, the Agency cannot assume that all facilities have adopted these practices for the purposes of making the TSCA risk determination. Therefore, EPA is making a determination of unreasonable risk for PV29 from a baseline scenario that does not assume compliance with OSHA standards, including any applicable exposure limits or requirements for use of respiratory protection or other PPE. Making unreasonable risk determinations based on the baseline scenario should not be viewed as an indication that EPA believes there are no occupational safety protections in place at any location, or that there is widespread non- compliance with applicable OSHA standards. Rather, it reflects EPA's recognition that [[Page 54495]] unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by OSHA standards, such as self-employed individuals and public sector workers who are not covered by a State Plan, or because their employer is out of compliance with OSHA standards, or because their employer is out of compliance with OSHA standards, or because many of OSHA's chemical-specific permissible exposure limits largely adopted in the 1970's are described by OSHA as being ``outdated and inadequate for ensuring protection of worker health,'' (Ref. 9), or because OSHA has not issued a permissible exposure limit (PEL) (as is the case for PV29), or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. In accordance with this approach, EPA is finalizing the revision to the PV29 risk determination without relying on assumptions regarding the occupational use of PPE in making the unreasonable risk determination under TSCA section 6; rather, information on the use of PPE as a means of mitigating risk (including public comments received from industry respondents about occupational safety practices in use) will be considered during the risk management phase, as appropriate. This represents a change from the approach taken in the 2021 PV29 Risk Evaluation (Ref. 1). As a general matter, when undertaking risk management actions, EPA intends to strive for consistency with applicable OSHA requirements and industry best practices, including appropriate application of the hierarchy of controls, to the extent that applying those measures would address the identified unreasonable risk, including unreasonable risk to potentially exposed or susceptible subpopulations. Consistent with TSCA section 9(d), EPA will consult and coordinate TSCA activities with OSHA and other relevant Federal agencies for the purpose of achieving the maximum applicability of TSCA while avoiding the imposition of duplicative requirements. Informed by the mitigation scenarios and information gathered during the risk evaluation and risk management process, the Agency might propose rules that require risk management practices that may be already common practice in many or most facilities. Adopting clear, comprehensive regulatory standards will foster compliance across all facilities (ensuring a level playing field) and assure protections for all affected workers, especially in cases where current OSHA standards may not apply or be sufficient to address the unreasonable risk. By removing the assumption of PPE use in making the whole chemical risk determination for PV29, there are no additional conditions of use or worker subpopulations that drive the unreasonable risk determination. The same ten conditions of use continue to drive EPA's unreasonable risk determination for PV29 as a whole chemical. The finalized revision to the PV29 risk determination clarifies that EPA does not rely on the assumed use of PPE when making the risk determination for the whole substance. D. What is PV29? PV29 is a high color strength, weather fast and heat stable pigment used in various industrial, commercial, and consumer applications. Domestic manufacture of PV29 is conducted by a sole manufacturer. Imported PV29 pigment, without being processed into a different product, makes up a very small market share of the PV29 supply chain. Leading applications for PV29 include use as an intermediate to create or adjust color of other perylene pigments, incorporation into paints and coatings used in the automobile industry, incorporation into plastic and rubber products used in automobiles and industrial carpeting, use in merchant ink for commercial printing, and use in consumer watercolors and acrylic artist paint. E. What conclusions is EPA finalizing today in the revised TSCA risk evaluation based on the whole chemical approach and not assuming the use of PPE? EPA determined that PV29 presents an unreasonable risk to health under the conditions of use. EPA's unreasonable risk determination for PV29 is driven by risks associated with the following conditions of use, considered singularly or in combination with other exposures:Manufacturing--Domestic manufacture; Manufacturing--Import; Processing: Incorporation into formulation, mixture, or reaction products in paints and coatings; Processing: Incorporation into formulation, mixture, or reaction products in plastic and rubber products; Processing: Intermediate in the creation or adjustment of color of other perylene pigments; Processing: Recycling; Industrial/commercial use in paints and coatings for automotive (OEM and refinishing); Industrial/commercial use in paints and coatings for coatings and basecoats; Industrial/commercial use in merchant ink for commercial printing; and Disposal. The following conditions of use do not drive EPA's unreasonable risk determination for PV29: Distribution in commerce; Industrial/commercial use in plastic and rubber products-- automobile plastics; Industrial/commercial use in plastic and rubber products-- industrial carpeting; and Consumer use in professional quality watercolor and acrylic artist paint. EPA is not making condition of use-specific risk determinations for these conditions of use, is not issuing a final order under TSCA section 6(i)(1) for these conditions of use, and does not consider the revised risk determination for PV29 to constitute a final agency action at this point in time. Consistent with the statutory requirements of TSCA section 6(a), EPA will propose risk management regulatory action to the extent necessary so that PV29 no longer presents an unreasonable risk. EPA expects to focus its risk management action on the conditions of use that drive 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 drive unreasonable risk and may select from among a suite of risk management requirements in 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. III. Summary of Public Comments EPA received a total of 14 public comments on the March 7, 2022, draft revised risk determination for PV29 during the comment period that ended April 21, 2022. Commenters included trade organizations, industry stakeholders, environmental groups, and non-governmental and health advocacy organizations. A separate document that summarizes all comments submitted and EPA's responses to those comments has been prepared and is available in the docket for this notice (Ref. 10). [[Page 54496]] IV. Revision of the January 2021 PV29 Risk Evaluation A. Why is EPA revising the risk determination for the PV29 risk evaluation? EPA is finalizing the revised risk determination for the PV29 risk evaluation pursuant to TSCA section 6(b) and consistent with Executive Order 13990 (``Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis'') and other Administration priorities (Refs. 2, 3, 4, and 5). EPA is revising specific aspects of the first ten TSCA existing chemical risk evaluations in order to ensure that the risk evaluations better align with TSCA's objective of protecting health and the environment. For the PV29 risk evaluation, this includes: (1) making the risk determination in this instance based on the whole chemical substance instead of by individual conditions of use and (2) emphasizing that EPA does not rely on the assumed use of PPE when making the risk determination. B. What are the revisions? EPA is now finalizing the revised risk determination for the 2021 PV29 Risk Evaluation (Ref. 1) pursuant to TSCA section 6(b). Under the revised determination, EPA concludes that PV29, as evaluated in the risk evaluation as a whole, presents an unreasonable risk of injury to health when evaluated under its conditions of use. This revision replaces the previous unreasonable risk determinations made for PV29 by individual conditions of use, supersedes the determinations (and withdraws the associated order) of no unreasonable risk for the conditions of use identified in the TSCA section 6(i)(1) no unreasonable risk order, and clarifies the lack of reliance on assumed use of PPE as part of the risk determination. These revisions do not alter any of the underlying technical or scientific information that informs the risk characterization, and as such the hazard, exposure, and risk characterization sections are not changed, except to statements about PPE assumptions in section 2.3.1.4 (Consideration of Engineering Controls and PPE), paragraph four, and section 4.2.3 (table 4-5, Assumed PPE Protection Considered for Risk Determination by COU, and introductory text). The discussion of the issues in this Notice and in the accompanying final revision to the risk determination supersede any conflicting statements in the prior executive summary, and section 2.3.1.4 and section 4.2.3 (table 4-5) from the January 2021 PV29 Risk Evaluation (Ref. 1) and the response to comments document (Ref. 8). The revised unreasonable risk determination for PV29 includes additional explanation of how the risk evaluation characterizes the applicable OSHA requirements, or industry or sector best practices, and also clarifies that no additional analysis was done, and the risk determination is based on the risk characterization (section 4) of the 2021 PV29 Risk Evaluation (Ref. 1). C. Will the revised risk determination be peer reviewed? The risk determination (section 5 of the 2021 PV29 Risk Evaluation (Ref. 1)) was not part of the scope of the Science Advisory Committee on Chemicals (SACC) peer review of the PV29 risk evaluation. Thus, consistent with that approach, EPA did not conduct peer review of the final revised unreasonable risk determination for the PV29 risk evaluation because no technical or scientific changes were made to the hazard or exposure assessments or the risk characterization. V. Order Withdrawing Previous Order Regarding Unreasonable Risk Determinations for Certain Conditions of Use EPA is also issuing a new order to withdraw the TSCA section 6(i)(1) no unreasonable risk order issued in section 5.4.1 of the 2021 PV29 Risk Evaluation (Ref. 1). This final revised risk determination supersedes the condition of use-specific no unreasonable risk determinations in the January 2021 PV29 Risk Evaluation (Ref. 1). The order contained in section 5.5 of the revised risk determination (Ref. 11) withdraws the TSCA section 6(i)(1) order contained in section 5.4.1 of the January 2021 PV29 Risk Evaluation (Ref. 1). Consistent with the statutory requirements of section 6(a), the Agency will propose risk management action to address the unreasonable risk determined in the PV29 risk evaluation. 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. Risk Evaluation for C.I. Pigment Violet 29. EPA Document #740-R-18-015. January 2021. https://www.epa.gov/sites/default/files/2021-01/documents/1_final_risk_evaluation_for_c.i._pigment_violet_29.pdf. 2. Executive Order 13990. Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. Federal Register (86 FR 7037, of January 25, 2021). 3. Executive Order 13985. Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Federal Register (86 FR 7009, January 25, 2021). 4. Executive Order 14008. Tackling the Climate Crisis at Home and Abroad. Federal Register (86 FR 7619, February 1, 2021). 5. Presidential Memorandum. Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking. Federal Register (86 FR 8845, February 10, 2021). 6. EPA. Proposed Rule; Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act. Federal Register (82 FR 7562, January 19, 2017) (FRL-9957-75). 7. EPA. Final Rule Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act. Federal Register (82 FR 33726, 33744, July 20, 2017). 8. EPA. Summary of External Peer Review and Public Comments and Disposition for Colour Index Pigment Violet 29 (PV29). January 2021. Available at: https://www.regulations.gov/document/EPA-HQ-OPPT-2018-0604-0126. 9. Occupational Safety and Health Administration. Permissible Exposure Limits--Annotated Tables. Accessed June 13, 2022. https://www.osha.gov/annotated-pels. 10. EPA. Response to Public Comments to the Revised Unreasonable Risk Determination; Colour Index Pigment Violet 29 (PV29). July 2022. 11. EPA. Unreasonable Risk Determination for Colour Index Pigment Violet 29 (PV29). July 2022. Authority: 15 U.S.C. 2601 et seq. Dated: August 30, 2022. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2022-19093 Filed 9-2-22; 8:45 am] BILLING CODE 6560-50-P