Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 89 

Hand-deliveries and couriers may be 

received by scheduled appointment 

only. For further information on EPA 

Docket Center services and the current 

status, please visit us online at https:// 

www.epa.gov/dockets. 

EPA continues to carefully and 

continuously monitor information from 

the CDC, local area health departments, 

and our federal partners so that we can 

respond rapidly as conditions change 

regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Meredith G. Miller, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone (202) 

564–8572; email address 

miller.meredith@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed 

Consent Decree 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2020–0652) contains a 

copy of the proposed consent decree. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed consent decree, and is 

available through https://

www.regulations.gov. You may use 

https://www.regulations.gov to submit 

or view public comments, access the 

index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

II. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

require EPA to act on United’s petition 

for a small refinery hardship exemption 

from its 2019 RFS obligations. On or 

about December 18, 2019, United 

submitted its petition seeking a small 

refinery exemption from the RFS 

program pursuant to CAA section 

211(o). 42 U.S.C. 7545(o). CAA section 

211(o)(9)(B)(iii) provides a 90-day 

deadline for the Administrator to act on 

such petitions. 42 U.S.C. 

211(o)(9)(B)(iii). EPA has not acted on 

the petition. The proposed consent 

decree would require the Administrator 

to either grant or deny United’s petition 

for a 2019 small refinery hardship 

exemption no later than February 19, 

2021. 

In accordance with section 113(g) of 

the CAA, for a period of thirty (30) days 

following the date of publication of this 

document, the Agency will accept 

written comments relating to the 

proposed consent decree. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. 

III. Additional Information About 

Commenting on the Proposed Consent 

Decree 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2020– 

0652, via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. For additional information 

about submitting information identified 

as CBI, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. Note 

that written comments containing CBI 

and submitted by mail may be delayed 

and deliveries or couriers will be 

received by scheduled appointment 

only. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment. This ensures 

that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the https://

www.regulations.gov website to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. The electronic public docket 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, email address, or 

other contact information unless you 

provide it in the body of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

Gautam Srinivasan, 

Associate General Counsel. 

[FR Doc. 2020–29078 Filed 12–31–20; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2019–0501; FRL–10017– 

43] 

Asbestos (Part 1: Chrysotile 

Asbestos); Final Toxic Substances 

Control Act (TSCA) Risk Evaluation; 

Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of the final Toxic 

Substances Control Act (TSCA) risk 

evaluation of Asbestos Part 1 (Chrysotile 

Asbestos). 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, without consideration of 

costs or other nonrisk factors. EPA has 

determined that specific conditions of 

use of Chrysotile Asbestos present an 

unreasonable risk of injury to health. 

For those conditions of use for which 

EPA has found an unreasonable risk, 

EPA must take regulatory action to 

address that unreasonable risk through 

risk management measures enumerated 

in TSCA. EPA has also determined that 

specific conditions of use do not present 

unreasonable risk of injury to health or 

the environment. For those conditions 

of use for which EPA has found no 

90 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 

unreasonable risk to health or the 

environment, the Agency’s 

determination is a final Agency action 

and is issued via order in the risk 

evaluation. EPA is currently developing 

Part 2 of the TSCA risk evaluation for 

Asbestos which will evaluate risk of 

injury to health or the environment for 

legacy uses and associated disposals of 

asbestos. The Agency plans to release a 

draft scope for Part 2 of the risk 

evaluation for Asbestos for public 

comment mid-year 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2019–0501, 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. 

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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Public Reading 

Room are closed to visitors with limited 

exceptions. The EPA/DC staff continue 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Collin Beachum, Office of Pollution 

Prevention and Toxics (7403M), 

Environmental Protection Agency, 109 

T.W. Alexander Drive, Research 

Triangle Park, NC 27711; (919) 541– 

7554; email address: beachum.collin@

epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

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 

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 final 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). TSCA section 6(i) directs that a 

determination of ‘‘no unreasonable risk’’ 

shall be issued by order and considered 

to be a final Agency action, while a 

determination of ‘‘unreasonable risk’’ is 

not considered to be a final Agency 

action. 15 U.S.C. 2605(i). 

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). 

The statute requires that the risk 

evaluation process be completed within 

a specified timeframe and provide an 

opportunity for public comment on a 

draft risk evaluation prior to publishing 

a final risk evaluation. 15 U.S.C. 

2605(b)(4). 

Subsection 5.3.1 of the final risk 

evaluation for Asbestos Part 1 

(Chrysotile Asbestos) constitutes the 

order required under TSCA section 

6(i)(1), and the ‘‘no unreasonable risk’’ 

determinations in that subsection are 

considered to be a final Agency action 

effective on the date of issuance of the 

order. In conducting risk evaluations, 

‘‘EPA will determine whether the 

chemical substance presents an 

unreasonable risk of injury to health or 

the environment under each condition 

of use[ ] within the scope of the risk 

evaluation, either in a single decision 

document or in multiple decision 

documents. ’’ 40 CFR 702.47. Under 

EPA’s implementing regulations, ‘‘[a] 

determination by EPA that the chemical 

substance, under one or more of the 

conditions of use within the scope of 

the risk evaluation, does not present an 

unreasonable risk of injury to health or 

the environment will be issued by order 

and considered to be a final Agency 

action, effective on the date of issuance 

of the order.’’ 40 CFR 702.49(d). For 

purposes of TSCA section 19(a)(1)(A), 

the date of issuance of the TSCA section 

6(i)(1) order for Asbestos Part 1 

(Chrysotile Asbestos) shall be at 1:00 

p.m. Eastern time (standard or daylight, 

as appropriate) on the date that is two 

weeks after the date when this notice is 

published in the Federal Register, 

which is in accordance with 40 CFR 

23.5. 

C. What action is EPA taking? 

EPA is announcing the availability of 

the risk evaluation of the chemical 

substance identified in Unit II. In this 

risk evaluation EPA has made 

unreasonable risk determinations on 

some of the conditions of use within the 

scope of the risk evaluation for this 

chemical. For those conditions of use 

for which EPA has found an 

unreasonable risk of injury to health or 

the environment, EPA must initiate 

regulatory action to address those risks 

through risk management measures 

enumerated in 15 U.S.C. 2605(a). 

EPA also is announcing the 

availability of the information required 

to be provided publicly with each risk 

evaluation, which is available online at 

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 91 

https://www.regulations.gov in the 

dockets identified. 40 CFR 702.51. 

Specifically, for the risk evaluation of 

Asbestos Part 1 (Chrysotile Asbestos), 

EPA has provided: 

• The scope document and problem 

formulation (in Docket ID No. EPA–HQ– 

OPPT–2016–0736); 

• Draft risk evaluation and final risk 

evaluation (in Docket ID No. EPA–HQ– 

OPPT–2019–0501); 

• All notices, determinations, 

findings, consent agreements, and 

orders (in Docket ID No. EPA–HQ– 

OPPT–2019–0501); 

• Any information required to be 

provided to the Agency under 15 U.S.C. 

2603 (in Docket ID No. EPA–HQ–OPPT– 

2016–0736 and Docket ID No. EPA–HQ– 

OPPT–2019–0501); 

• A nontechnical summary of the risk 

evaluation (in Docket ID No. EPA–HQ– 

OPPT–2019–0501); 

• A list of the studies, with the results 

of the studies, considered in carrying 

out each risk evaluation in Docket ID 

No. EPA–HQ–OPPT–2019–0501); 

• The final peer review report, 

including the response to peer review 

and public comments received during 

peer review (in Docket ID No. EPA–HQ– 

OPPT–2019–0501); and 

• Response to public comments 

received on the draft scope and the draft 

risk evaluation (in Docket ID No. EPA– 

HQ–OPPT–2019–0501). 

II. 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 

review process under TSCA, following 

prioritization and before risk 

management. As this chemical is one 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 

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 the 

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 https://

www.epa.gov/assessing-and-managingchemicals-under-tsca/risk-evaluationsexisting-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 is being followed for the first 

ten chemical substances undergoing risk 

evaluation to the maximum extent 

practicable. 

Prior to the publication of this final 

risk evaluation, a draft risk evaluation 

was subject to peer review and public 

comment. EPA reviewed the report from 

the peer review committee and public 

comments and has amended the risk 

evaluation in response to these 

comments as appropriate. The public 

comments, peer review report, and 

EPA’s response to comments is in 

Docket ID No. EPA–HQ–OPPT–2019– 

0501. Prior to the publication of the 

draft risk evaluation, EPA made 

available the scope and problem 

formulation, and solicited public input 

on uses and exposure. EPA’s documents 

and the public comments are in Docket 

ID No. EPA–HQ–OPPT–2016–0736. 

Additionally, information about the 

scope, problem formulation, and draft 

risk evaluation phases of the TSCA risk 

evaluation for this chemical is available 

at EPA’s website at https://

www.epa.gov/assessing-and-managingchemicals-under-tsca/risk-evaluationasbestos-0. 

B. Definition of asbestos? 

For the purposes of the Risk 

Evaluation for Asbestos under TSCA 

Section 6(a), EPA is using the TSCA 

section 202 definition of asbestos; 

which is—‘‘asbestiform varieties of six 

fiber types—chrysotile (serpentine), 

crocidolite (riebeckite), amosite 

(cummingtonite-grunerite), 

anthophyllite, tremolite or actinolite.’’ 

Part 1 of the Risk Evaluation for 

Asbestos is focused on Chrysotile 

Asbestos, as this is the only fiber type 

currently being imported, processed, or 

distributed for use in the United States. 

It is used in diaphragms, sheet gaskets, 

other gaskets, oilfield brake blocks, 

aftermarket automotive brakes/linings, 

and other vehicle friction products. Part 

1 of the Risk Evaluation for Asbestos 

presents risk determinations for 

Chrysotile Asbestos attributable to these 

conditions of use. 

C. Risk Evaluation for Asbestos Part 2: 

Legacy Uses and Associated Disposals 

of Asbestos 

As a result of the court decision in 

Safer Chemicals Healthy Families v. 

EPA, 943 F.3d 397 (9th Cir. 2019), EPA 

will evaluate legacy uses and associated 

disposals for Asbestos in Part 2 of the 

Risk Evaluation which is under 

expedited development. Legacy uses 

and associated disposals of Asbestos are 

conditions of use for which 

manufacture, import, processing and 

distribution no longer occur but where 

use and disposal, respectively, are still 

known, intended, or reasonably foreseen 

to occur. Part 2 of the Risk Evaluation 

for Asbestos will consider all six fiber 

types of Asbestos described in the TSCA 

definition. 

Part 2 of the Risk Evaluation for 

Asbestos will begin with a draft scope 

document that will be made available 

for public comment. EPA will engage 

external stakeholders, where 

appropriate, to obtain reasonably 

available information related to legacy 

uses and associated disposals, including 

in situ in older buildings or still present 

in older equipment that has not 

exceeded its useful life. 

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

Andrew Wheeler, 

Administrator. 

[FR Doc. 2020–29109 Filed 12–31–20; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK 

Sunshine Act Meetings 

Notice of an Open Meeting of the Board 

of Directors of the Export-Import Bank 

of the United States 

TIME AND DATE: Thursday, January 14, 

2021 at 1:00 p.m. 

PLACE: The meeting will be held via 

teleconference. 

STATUS: The meeting will be open to 

public observation for Item Number 1 

only. 

MATTERS TO BE CONSIDERED: State 

Department Vetting of EXIM 

Transactions. 

CONTACT PERSON FOR MORE INFORMATION: 

Joyce B. Stone (202–257–4086). 

Members of the public who wish to 

attend the meeting via audio only 

teleconference should register via 

https://attendee.gotowebinar.com/ 

register/7434330690988996623 by noon 

Wednesday, January 13, 2021. 

Individuals will be directed to a