G/TBT/N/USA/1892/Add.1  
10 January 2023  
(23-0280) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  10 January 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
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Title:  Trichloroethylene (TCE); Draft Revision to Toxic Substances Control Act (TSCA) Risk 
Determination; Notice of Availability and Request for Comment  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
https://www.govinfo.gov/content/pkg/FR -2023-01-09/html/2023 -00116.htm  
https://www.govinfo.gov/content/pkg/FR -2023-01-09/pdf/2023 -00116.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_0306_00_e.pdf  
 
Description:  TITLE: Trichloroethylene (TCE); Revision to the Toxic Substances Control Act (TSCA) 
Risk Determ ination; 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 trichloroethylene (TCE) risk evaluation  issued under the 
Toxic Substanc es Control Act (TSCA) . The revision to the TCE 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 TCE, as a whole chemical 
substance, presents an unreasonable risk of injury to health when evaluated under its conditions of 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1892/Add.1  
 
- 2 - 
 
  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 
adequate occupational safety protections in place at certain workplace locations; however, not 
assuming use of PPE reflects EPA's recognition that unreasonable risk may exist for subpopulations 
of worke rs 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 li mits largely adopted 
in the 1970's are described by OSHA as being "outdated and inadequate for ensuring protection of 
worker health," or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA 
requirements. This revision supersedes th e condition of use -specific no unreasonable risk 
determinations in the November 2020 TCE Risk Evaluation and withdraws the associated TSCA order 
included in the November 2020 TCE Risk Evaluation.  
This notice and the notice notified as G/TBT/N/USA/1892  are identified by Docket Number EPA -HQ-
OPPT-2016-0737. The Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/EPA -HQ-OPPT-2016-0737/document  and provides access to 
primary and supporting documents as well as comments received. Documents are also accessible 
from Regulations.gov  by searching the Docket Number.  
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