G/TBT/N/USA/1890  
4 July 2022  
(22-5147) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1921]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to the USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: The Environmental Protection Agency (EPA) is announcing the availability of 
and seeking public comment on a draft revision to the risk determination for the 
Perchloroethylene (PCE) risk evaluation issued under Toxic Substances Control Act 
(TSCA). Public commen ts are due on or before 1 August 2022.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Products 
of the chemical industry (ICS code(s): 71.100)  
5. Title, numb er of pages and language(s) of the notified document:  
Perchloroethylene (PCE); Draft Revision to Toxic Substances Control Act (TSCA) Risk 
Determination; (7 page(s), in English)  
6. Description of content:  Notice of Availability and Request for Comment - The 
Environmental Protection Agency (EPA) is announcing the availability of and seeking 
public comment on a draft revision to the risk determination for the Perchloroethylene 
(PCE) risk evaluation issued under TSCA. The draft revision to the PCE risk determi nation 
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. In this draft 
revision to the risk determination EPA finds that PCE, as a whole chemica l 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 all 
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 expose d because they are not 
covered by the U.S. Department of Labor (DOL) 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 expo sure limits 
largely adopted in the 1970's are described by OSHA as being "outdated and inadequate 
for ensuring protection of worker health." This revision, when final, would supersede the 
condition of use -specific no unreasonable risk determinations in the  December 2020 PCE G/TBT/N/USA/1890  
 
- 2 - 
 
  risk evaluation (and withdraw the associated order) and would make a revised 
determination of unreasonable risk for PCE as a whole chemical substance.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 39085, 30 June 2022  
https://www.govinfo.gov/content/pkg/FR -2022-06-30/html/2022 -14016.htm  
https://www.govin fo.gov/content/pkg/FR -2022-06-30/pdf/2022 -14016.pdf  
This notice of availability and request for comment is identified by Docket Number EPA -
HQ-OPPT-2016-0732. The Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/EPA -HQ-OPPT-2016-0732/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. WTO Members 
and their stakeholders are asked to submit comments to the USA TBT Enquiry Point  by 
or before 4pm Eastern Time  on 1 August 2022. Comments received by the USA TBT 
Enquiry Point from WTO Members and their st akeholders will be shared with the regulator 
and will also be submitted to the Docket on Regulations.gov if received within the 
comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  1 August 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://www.govinfo.gov/content/pkg/FR -2022-06-30/html/2022 -14016.htm  
https://www.govinfo.gov/content/pkg/FR -2022-06-30/pdf/2022 -14016.pdf  
https://members.wto.org/crnattachments/2022/TBT/USA/22_4496_00_e.pdf