Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 95777 

5Fiscal Responsibility Act of 2023, Public Law 

118–5, 137 Stat 10, sec. 322 (2023). 

6See 18 CFR 385.2001(a)(1)(iii) (2024). 

transmission planning regions. The 

Fiscal Responsibility Act requires the 

ITC Study to include: 

(1) Current total transfer capability 

between each pair of neighboring 

transmission planning regions. 

(2) A recommendation of prudent 

additions to total transfer capability 

between each pair of neighboring 

transmission planning regions that 

would demonstrably strengthen 

reliability within and among such 

neighboring transmission planning 

regions. 

(3) Recommendations to meet and 

maintain total transfer capability 

together with such recommended 

prudent additions to total transfer 

capability between each pair of 

neighboring transmission planning 

regions. 

The Fiscal Responsibility Act requires 

NERC to submit the ITC Study to the 

Commission no later than 18 months 

after the date of enactment of the Act 

(i.e., by December 2, 2024). After the ITC 

Study is submitted to the Commission, 

the Commission must publish the study 

for public comment and, no later than 

12 months after the end of the public 

comment period, submit a report on its 

conclusions to Congress and include 

recommendations, if any, for statutory 

changes.5

Comments may be filed electronically 

via the internet.6 Instructions are 

available on the Commission’s website 

https://www.ferc.gov/docs-filing/ 

efiling.asp. For assistance, please 

contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, submissions 

sent via the U.S. Postal Service must be 

addressed to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE, Washington, DC 

20426. Submissions sent via any other 

carrier must be addressed to: Federal 

Energy Regulatory Commission, Office 

of the Secretary, 12225 Wilkins Avenue, 

Rockville, Maryland 20852. 

For more information about this 

Notice, please contact Jessica L. Cockrell 

at jessica.cockrell@ferc.gov or 202–502– 

8190. For legal information, please 

contact Gonzalo E. Rodriguez at 

gonzalo.rodriguez@ferc.gov or 202–502– 

8568. 

Dated: November 25, 2024. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2024–28251 Filed 12–2–24; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2021–0254; FRL–9347–07– 

OCSPP] 

Asbestos Part 2 Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals; Risk Evaluation 

Under the Toxic Substances Control 

Act (TSCA); Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is announcing 

the availability of the final 

supplemental risk evaluation under the 

under the Toxic Substances Control Act 

(TSCA) for asbestos Part 2: addressing 

legacy uses and associated disposal. The 

purpose of risk evaluations under TSCA 

is to determine whether a chemical 

substance presents an unreasonable risk 

of injury to health or the environment, 

without consideration of costs or nonrisk factors, including unreasonable risk 

to potentially exposed or susceptible 

subpopulations identified as relevant to 

the risk evaluation by EPA, under the 

conditions of use. For the part 2 

supplemental risk evaluation, the 

Agency evaluated legacy uses and 

associated disposals of asbestos 

including chrysotile asbestos, five 

additional fiber types, conditions of use 

for asbestos-containing talc that are 

subject to TSCA, and Libby asbestos. 

EPA used the best available science to 

prepare this final supplemental risk 

evaluation and determined, based on 

the weight of scientific evidence, that 

asbestos poses unreasonable risk to 

human health. Under TSCA, EPA must 

initiate risk management actions to 

address the unreasonable risk. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–EPA–HQ–OPPT–2021– 

0254, is available online at https://

www.regulations.gov. Additional 

information about dockets generally, 

along with instructions for visiting the 

docket in-person, is available at https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information: Peter 

Gimlin, Existing Chemicals Risk 

Management Division (7404M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

566–0515; email address: gimlin.peter@

epa.gov. 

For general information: The TSCAHotline, ABVI-Goodwill, 422 South 

Clinton Ave., Rochester, NY 14620; 

telephone number: (202) 554–1404; 

email address: TSCA-Hotline@epa.gov. 

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 asbestos-containing 

materials (ACMs), including 

construction professionals and 

individuals completing do-it-yourself 

(DIY) activities in buildings with ACMs, 

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 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? 

TSCA section 6, 15 U.S.C. 2605, 

requires the Agency to conduct risk 

evaluations on chemical substances and 

identifies the minimum components 

EPA must include in all chemical 

substance risk evaluations. Each risk 

evaluation must be conducted 

consistent with the best available 

science, be based on the weight of 

scientific evidence, and consider 

reasonably available information per 15 

U.S.C. 2625(h), (i), and (k). See also the 

implementing procedural regulations at 

40 CFR part 702. 

C. What action is the Agency taking? 

EPA is announcing the availability of 

the final supplemental risk evaluation 

for asbestos legacy uses and associated 

disposals of Asbestos (also referred to as 

the Asbestos Part 2 Risk Evaluation) 

(Ref. 1). The purpose of risk evaluations 

under TSCA is to determine whether a 

chemical substance presents an 

unreasonable risk of injury to health or 

the environment, without consideration 

of costs or non-risk factors, including 

unreasonable risk to potentially exposed 


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95778 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 

or susceptible subpopulations identified 

as relevant to the risk evaluation by 

EPA, under the conditions of use. The 

Agency has used the best available 

science to prepare this final risk 

evaluation and based on the weight of 

scientific evidence, determined that 

asbestos poses unreasonable risk to 

human health. Upon a determination of 

unreasonable risk, EPA must initiate 

risk management action as required 

pursuant to 15 U.S.C. 2605(a) to address 

the unreasonable risk. 

II. Background 

When EPA designated asbestos as one 

of the first 10 existing chemicals to 

undergo risk evaluation under TSCA 

(Ref. 1), the risk evaluation focused on 

chrysotile asbestos, which is the only 

type of asbestos fiber where 

manufacture (including import), 

processing, and distribution in 

commerce for use was known, intended, 

or reasonably foreseen in the U.S. In 

Safer Chemicals, Healthy Families v. 

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

court held that EPA’s Risk Evaluation 

Procedural Rule (82 FR 33726, July 20, 

2017 (FRL–9964–38)) should not have 

excluded ‘‘legacy uses’’ (i.e., uses 

without ongoing or prospective 

manufacturing, processing, or 

distribution) and ‘‘associated disposals’’ 

(i.e., future disposal of legacy uses) from 

the definition of conditions of use. As 

a result, the risk evaluation for asbestos 

was split into two parts. 

1. Asbestos (Part 1: Chrysotile 

Asbestos). (Ref. 2) The final risk 

evaluation for Asbestos (Part 1: 

Chrysotile Asbestos) was released in 

January 2021 (86 FR 89, January 4, 2021; 

FRL–10017–43), covering all intended, 

known, or reasonably foreseen import, 

processing, and distribution of 

chrysotile asbestos; uses of chrysotile 

asbestos that have been imported, 

processed, and distributed; and disposal 

of such chrysotile asbestos uses. The 

final rule to address the unreasonable 

risk identified in the Asbestos Part 1 

Risk Evaluation was issued in March 

2024 (89 FR 21970, March 28, 2024; 

FRL–8332–01–OCSPP). 

2. Asbestos Part 2: Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals of Asbestos. (Ref. 

3) Legacy uses and associated disposals 

of chrysotile asbestos, five additional 

fiber types, conditions of use for 

asbestos-containing talc that are subject 

to TSCA, and Libby asbestos are the 

subject of the Asbestos Part 2 Risk 

Evaluation, which is scheduled to be 

finalized on or before December 1, 2024, 

per the consent decree in the case 

Asbestos Disease Awareness 

Organization et al. v. Regan et al., 4:21– 

cv–03716 (N.D. Cal.). 

In the Asbestos Part 2 Risk 

Evaluation, EPA concludes that 

asbestos, as a chemical substance and as 

evaluated in parts 1 and 2 of the risk 

evaluation process under TSCA, 

presents an unreasonable risk of injury 

to health under its conditions of use. 

This single unreasonable risk 

determination for asbestos replaces the 

previous unreasonable risk 

determinations made for asbestos by 

individual conditions of use and 

supersedes the determination (and 

withdraws the associated order) of no 

unreasonable risk for the conditions of 

use identified in the TSCA section 

6(i)(1) order in Section 5.3.1 of the 

December 2020 Risk Evaluation for 

Asbestos Part I: Chrysotile Asbestos 

(Ref. 4). This determination does not 

alter any of the underlying technical or 

scientific information that informs the 

risk characterization in part 1, and as 

such the hazard, exposure, and risk 

characterization sections of part 1 are 

not changed by this unreasonable risk 

determination for asbestos. 

The final Asbestos Part 2 Risk 

Evaluation addresses comments from 

the public on the draft risk evaluation, 

as well as from the public comment and 

letter peer reviewer on the White Paper: 

Quantitative Human Health Approach 

to be Applied in the Risk Evaluation for 

Asbestos Part 2—Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals of Asbestos (Ref. 

5). The responses to peer review and 

public comments (Refs. 8 and 9), along 

with the final Asbestos Part 2 Risk 

Evaluation (Ref. 1) and a nontechnical 

summary document (Ref. 6), are 

available in the docket. 

For more information about the TSCA 

risk evaluation process for existing 

chemicals, go to https://www.epa.gov/ 

assessing-and-managing-chemicalsunder-tsca. 

III. Unreasonable Risk Determination 

EPA has determined that a single risk 

determination on the chemical 

substance asbestos is appropriate in 

order to protect health and the 

environment, because there are 

benchmark exceedances for multiple 

conditions of use (spanning across most 

aspects of the chemical life cycle, from 

manufacturing [including import], 

processing, industrial, commercial and 

consumer use, and disposal) for human 

health. Furthermore, the risk of severe 

health effects—specifically 

mesothelioma and lung, ovarian, and 

laryngeal cancers, along with noncancer effects—is associated with 

chronic inhalation exposures of 

asbestos. Because these chemicalspecific properties cut across the 

conditions of use within the scope of 

the risk evaluation and a substantial 

portion of the conditions of use 

contribute to the unreasonable risk, it is 

therefore appropriate for the Agency to 

determine that the chemical substance 

presents an unreasonable risk. For those 

conditions of use assessed in the 2020 

Risk Evaluation for Asbestos, Part 1: 

Chrysotile Asbestos (Ref. 4), EPA does 

not intend to amend, nor does a single 

risk determination on the chemical 

substance require, amending the 

underlying scientific analysis and the 

risk characterization. 

EPA has determined that asbestos 

presents an unreasonable risk of injury 

to human health under the conditions of 

use. The Agency has determined that 

the unreasonable risk to human health 

presented by asbestos is due to: (1) 

Cancer and non-cancer effects in 

workers, including ONUs and 

firefighters, from inhalation exposures; 

(2) Cancer and non-cancer effects in 

handlers and bystanders from inhalation 

exposures associated with handling of 

garments taken home from occupational 

exposure; (3) Cancer and non-cancer 

effects in consumers and bystanders 

from inhalation exposures; and (4) 

Cancer and non-cancer effects in the 

general population from inhalation 

exposures. 

Consistent with the statutory 

requirements of TSCA section 6(a), EPA 

will propose a risk management 

regulatory action to the extent necessary 

so that asbestos no longer presents an 

unreasonable risk to human health. The 

Agency expects to focus its risk 

management action on the conditions of 

use that significantly contribute to the 

unreasonable risk identified in the 

Asbestos Part 2 Risk Evaluation (Ref 3). 

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 TSCA 

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. 

TSCA requires EPA to initiate 

regulatory action to address those risks 

through risk management measures 


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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 95779 

enumerated in TSCA section 6(a), 15 

U.S.C. 2605(a). The Agency is given a 

range of risk management options under 

TSCA—including labeling, 

recordkeeping or notice requirements, 

actions to reduce human exposure or 

environmental release, and a ban of the 

chemical or of certain uses. EPA will 

not be revisiting the risk management 

for the unreasonable risk that was 

identified in the Asbestos Part 1 Risk 

Evaluation (Ref. 4) and that was 

addressed in the final rule that was 

issued in March 2024 (89 FR 21970, 

March 28, 2024; FRL–8332–01–OCSPP). 

Like the prioritization and risk 

evaluation processes, there is an 

opportunity for public comment on any 

proposed risk management actions. 

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. High-Priority Substance Designations 

Under the Toxic Substances Control Act 

(TSCA) and Initiation of Risk Evaluation 

on High-Priority Substances; Notice of 

Availability. Federal Register. 84 FR 

71924, December 30, 2019 (FRL–10003– 

15). 

2. EPA. Asbestos (Part 1: Chrysotile 

Asbestos); Final Toxic Substances 

Control Act (TSCA) Risk Evaluation; 

Notice of Availability. Federal Register. 

86 FR 89, January 4, 2021 (FRL–10017– 

43). 

3. EPA. Asbestos Part 2 Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals; Draft Risk 

Evaluation Under the Toxic Substances 

Control Act; Notice of Availability, 

Webinar and Request for Comment. 

Federal Register. 89 FR 26878, April 16, 

2023 (FRL–9347–06–OCSPP). 

4. EPA. Risk Evaluation for Asbestos, Part 1: 

Chrysotile Asbestos. December 2020. 

Office of Chemical Safety and Pollution 

Prevention. Washington, DC. December 

2020. (EPA Document ID No. EPA–HQ– 

OPPT–2021–0057–0007). https://

www.regulations.gov/document/EPAHQ-OPPT-2021-0057-0007. 

5. EPA. Letter Peer Review; White Paper: 

Quantitative Human Health Approach 

To Be Applied in the Risk Evaluation for 

Asbestos Part 2; Notice of Availability 

and Request for Comment. Federal 

Register. 88 FR 51309, August 3, 2023 

(FRL–10017–43). 

6. EPA. Nontechnical Summary of the TSCA 

Risk Evaluation for Asbestos (Part 2) 

November 2024. (EPA Document ID No. 

EPA–740–S–24–006). 

7. EPA. Asbestos Part 1; Chrysotile Asbestos; 

Regulation of Certain Conditions of Use 

Under the Toxic Substances Control Act 

(TSCA). Federal Register. 89 FR 21970, 

March 28, 2024 (FRL–8332–01–OCSPP). 

8. EPA. Draft Comment Summary and 

Responses for Asbestos Part 2: 

Supplemental Evaluation Including 

Legacy Uses and Associated Disposals of 

Asbestos; Regulation Under the Toxic 

Substances Control Act. November 2024. 

9. EPA. Draft Comment Summary and 

Responses for Letter Peer Review of 

White Paper: Quantitative Human Health 

Approach To Be Applied in the Risk 

Evaluation for Asbestos Part 2. 

November 2024. 

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

Dated: November 26, 2024. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2024–28285 Filed 12–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2024–0425; FRL–12241– 

02–OCSPP] 

1,3-Butadiene; Draft Risk Evaluation 

Under the Toxic Substances Control 

Act (TSCA); Science Advisory 

Committee on Chemicals (SACC) Peer 

Review; Notice of SACC Meeting, 

Availability of Draft Documents and 

Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is announcing 

the availability of and soliciting public 

comment on the draft risk evaluation for 

1,3-butadiene. The draft risk evaluation 

was prepared under the Toxic 

Substances Control Act (TSCA) and will 

be submitted to the Science Advisory 

Committee on Chemicals (SACC) for 

peer review. EPA is also announcing 

that there will be two virtual public 

meetings of the SACC: On February 4, 

2025, a preparatory meeting for the 

SACC to consider the scope and clarity 

of the draft charge questions for the peer 

review; and on February 25 through 28, 

2025, the peer review meeting for the 

SACC to consider the draft documents 

and public comments. 

DATES: 

Preparatory Public Meeting: 

Meeting date: February 4, 2025, 1:00 

p.m. to approximately 4:00 p.m. (ET). 

Registration: To request time to 

present oral comments during the 

preparatory meeting, you must register 

by noon (12:00 p.m. ET) on January 31, 

2025. For those not making oral 

comments, registration will remain open 

through the end of this meeting on 

February 4, 2025. 

Comments: Submit written comments 

on the scope and clarity of the charge 

questions, by noon (12:00 p.m. ET) on 

January 28, 2025. (Submit a written 

version of your oral comments by noon 

(12:00 p.m. ET) on January 31, 2025.) 

SACC Peer Review Public Meeting: 

Meeting dates: February 25 through 

28, 2025, 10:00 a.m. to approximately 

5:00 p.m. (ET). 

Registration: To request time to 

present oral comments during the peer 

review meeting, you must register by 

noon, February 18, 2025. For those not 

making oral comments, registration will 

remain open through the end of this 

meeting on February 28, 2025. 

Comments: Submit written comments 

on the draft documents, and written 

version of your oral comments, on or 

before February 3, 2025. 

Special Accommodations: To allow 

sufficient time for EPA to process your 

request for special accommodations 

before the meeting, please submit the 

request at least ten business days in 

advance of the relevant meeting. 

ADDRESSES: 

Comments: Submit written comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2024–0425, 

through 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. 

Additional information on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/. 

Meeting Registration: Online 

registration will be available beginning 

in January 2025. Please refer to the 

SACC website at https://www.epa.gov/ 

tsca-peer-review. After registering, you 

will receive the webcast and streaming 

service meeting links and audio 

teleconference information. 

Special accommodation requests: To 

request an accommodation for a 

disability, please contact the Designated 

Federal Official (DFO) listed under FOR

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Designated Federal Official (DFO): 

Alie Muneer, Mission Support Division 

(7602M), Office of Program Support, 

Office of Chemical Safety and Pollution 

Prevention, Environmental Protection 

Agency; telephone number: (202) 564– 


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