[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79581-79583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22330]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2024-0131; FRL-12261-01-OCSPP]


Certain Per- and Polyfluoroalkyl Substances (PFAS) Risk 
Management Under the Toxic Substances Control Act (TSCA); Request for 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is seeking 
public comment on the manufacture of certain per- and polyfluoroalkyl 
substances (PFAS), including perfluorooctanoic acid (PFOA), 
perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), 
during the fluorination of high-density polyethylene (HDPE) and other 
plastic containers to inform regulations as appropriate under the Toxic 
Substances Control Act (TSCA). This request for public comment follows 
the Agency's grant on July 10, 2024, of a TSCA petition received on 
April 11, 2024, which requested that EPA address via TSCA the 
regulation of PFOA, PFNA, and PFDA formed during the fluorination of 
plastic containers used for a variety of household consumer, pesticide, 
fuel, automotive, and other industrial products.

DATES: Comments must be received on or before November 29, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2024-0131, online at https://www.regulations.gov. Follow the online instructions for submitting 
comments. Do not submit electronically any information you consider to 
be Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.

[[Page 79582]]

Additional instructions on commenting and visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    Technical information: Thomas Groeneveld, Existing Chemical Risk 
Management Division (7404M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-1188; email address: 
<a href="/cdn-cgi/l/email-protection#caadb8a5afa4afbcafa6aee4bea2a5a7abb98aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="0265706d676c6774676e662c766a6d6f6371426772632c656d74">[email protected]</span></a>.
    General information: The TSCA-Hotline, ABVI-Goodwill, 422 South 
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; 
email address: <a href="/cdn-cgi/l/email-protection#faaea9b9bbd7b2958e9693949fba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="67333424264a2f08130b0e09022702170649000811">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This action is directed to the public in general and may be of 
particular interest to those involved in the manufacture, processing, 
distribution, use, and disposal of PFAS, including PFOA, PFNA, and 
PFDA, formed during the fluorination of plastic containers, related 
industry trade organizations, non-governmental organizations with an 
interest in human and environmental health, state and local 
governments, Tribal Nations, and/or those interested in the assessment 
or management of risks involving chemical substances and mixtures 
regulated under TSCA. As such, the Agency has not attempted to describe 
all the specific entities that this action might apply to. If you need 
help determining applicability, consult the technical contact listed 
under FOR FURTHER INFORMATION CONTACT.

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

    Under TSCA section 6(a), if EPA determines that the manufacture, 
processing, distribution in commerce, use, or disposal of a chemical 
substance or mixture, or that any combination of such activities, 
presents an unreasonable risk of injury to health or the environment, 
EPA conducts a rulemaking to apply one or more of the TSCA section 6(a) 
requirements to the extent necessary so that the chemical substance or 
mixture no longer presents such risk. In proposing and promulgating 
rules under TSCA section 6(a), EPA considers, among other things, the 
provisions of TSCA sections 6(c)(2), 6(d), 6(g), and 9. In addition, to 
the extent that EPA makes a decision based on science, TSCA section 
26(h) requires EPA, in carrying out TSCA sections 4, 5, and 6, to use 
``scientific information, technical procedures, measures, methods, 
protocols, methodologies, or models, employed in a manner consistent 
with the best available science,'' while also taking into account other 
considerations, including the relevance of information and any 
uncertainties. TSCA section 26(i) requires that decisions under TSCA 
sections 4, 5, and 6 be ``based on the weight of the scientific 
evidence.'' TSCA section 26(k) requires that EPA consider information 
that is reasonably available in carrying out TSCA sections 4, 5, and 6.

C. What action is the Agency taking?

    On April 11, 2024, the Center for Environmental Health, Public 
Employees for Environmental Responsibility, Alaska Community Action on 
Toxics, Clean Cape Fear, Clean Water Action, Delaware Riverkeeper and 
Merrimack Citizens for Clean Water submitted a petition under TSCA 
section 21 requesting that EPA establish regulations under TSCA section 
6 prohibiting the manufacturing, processing, use, distribution in 
commerce and disposal of PFOA, PFNA and PFDA formed during the 
fluorination of plastic containers. On July 10, 2024, EPA granted this 
petition. TSCA section 21(b)(3) requires EPA to ``promptly commence an 
appropriate proceeding'' following the grant of a petition.
    EPA has identified information necessary to inform the Agency's 
path forward with respect to regulation of these PFAS formed during the 
fluorination of plastic containers under TSCA section 6 and is issuing 
this notice to collect such information. EPA is seeking public comment 
and information regarding the number, location, and uses of fluorinated 
containers in the United States, including any uses critical to the 
national economy, national security, or critical infrastructure (which 
may include uses in medical devices); alternatives to the fluorination 
process that generates PFAS including PFOA, PFNA, and PFDA; and 
measures to address risk from PFOA, PFNA, and PFDA formed during the 
fluorination of plastic containers. As discussed above, in carrying out 
section 6 of TSCA, EPA considers the provisions of TSCA sections 
6(c)(2), 6(d), and 6(g). The information requested in this notice will 
inform EPA's considerations of these provisions. For example, 
information about alternative fluorination processes is necessary for 
EPA to consider the availability of technically and economically 
feasible alternatives that benefit health or the environment, as 
required under TSCA section 6(c)(2)(C). Similarly, consistent with TSCA 
section 6(d), EPA is seeking input about the availability of 
alternatives and the number, location, and uses of fluorinated 
containers to inform its consideration of compliance dates regulation 
as appropriate under TSCA. Further, information about the uses of 
fluorinated containers, alternatives to the fluorination process, and 
measures to address risk from PFAS formed during the fluorination of 
plastic containers will inform EPA's consideration of exemptions from 
regulation and conditions on such exemptions, as outlined in TSCA 
section 6(g).

D. What should I consider as I prepare my comments?

    1. Submitting CBI.
    Do not submit CBI to EPA through https://www.regulations.gov or 
email. If you wish to include CBI in your comment, please follow the 
applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the information that you claim to be 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR parts 2 and 703, as applicable.
    2. Tips for preparing your comments.
    When preparing and submitting your comments, see the commenting 
tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Request for Comment

    EPA seeks information on the manufacture of PFAS including PFOA, 
PFNA, and PFDA during the fluorination of HDPE and other plastic 
containers. Input on the following is of particular interest to EPA:
    <bullet> Number, location, and uses of fluorinated containers in 
the United States, including any uses critical to the national economy, 
national security, or critical infrastructure (which may include uses 
in medical devices);
    <bullet> Alternatives to the fluorination process that generates 
PFAS including PFOA, PFNA, and PFDA; and
    <bullet>Measures to address risk from PFOA, PFNA, and PFDA formed 
during the fluorination of plastic containers.
    To the extent possible, the Agency asks commenters to please cite 
and provide any public data related to or that supports comments 
provided, and to the extent permissible, describe and provide any 
supporting data that is not publicly available.
    Authority: 15 U.S.C. 2605.


[[Page 79583]]


    Dated: September 24, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-22330 Filed 9-27-24; 8:45 am]
BILLING CODE 6560-50-P


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