38746 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices 

part 707 and the associated paperwork 

activities and burdens are approved 

under OMB Control No. 2070–0030, ICR 

entitled ‘‘Notification of Chemical 

Exports—TSCA Section 12(b),’’ 

identified by EPA ICR No. 0795.16. 

Form Numbers: 7710–23, 7710–25, 

7710–56 and 6300–7. 

Respondents/affected entities: 

Chemical manufacturers (defined by 

statute to include importers) and 

processors, e.g., entities identified by 

the North American Industrial 

Classification System (NAICS) codes 

325, Chemicals and Allied Products 

Manufacturers, and 324, Petroleum 

Refining. 

Respondent’s obligation to respond: 

Mandatory, 15 U.S.C 2604. 40 CFR parts 

720, 721, 723 and 725. 

Estimated number of respondents: 

234 (total). 

Frequency of response: On occasion. 

Total estimated burden: 136,292 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: $37,354,814 (per 

year), includes $0 annualized capital or 

operation and maintenance costs. 

Changes in the estimates: The 

consolidation of the currently approved 

ICRs is expected to result in an overall 

decrease of 56,001 burden hours and 

$17,188,154 burden costs when 

compared to the total combined burden 

and costs that is currently approved by 

OMB. Discussed in more detail in the 

ICR, this decrease is an adjustment. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–13855 Filed 6–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2021–0254; FRL–9347–02– 

OCSPP] 

Asbestos Part 2 Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals of Asbestos; 

Final Scope of the Risk Evaluation To 

Be Conducted Under the Toxic 

Substances Control Act; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with 

implementing regulations for the Toxic 

Substances Control Act (TSCA), EPA is 

announcing the availability of the final 

scope of the risk evaluation to be 

conducted for Asbestos Part 2: 

Supplemental Evaluation Including 

Legacy Uses and Associated Disposals 

of Asbestos. In the Part 2 risk evaluation 

for asbestos, EPA will evaluate the 

conditions of use of asbestos (including 

other types of asbestos fibers in addition 

to chrysotile) that EPA had excluded 

from Part 1 as legacy uses and 

associated disposals, as well as any 

conditions of use of asbestos-containing 

talc. The final scope for this chemical 

substance includes the conditions of 

use, hazards, exposures, and the 

potentially exposed or susceptible 

subpopulations that EPA plans to 

consider in conducting the risk 

evaluation for this chemical substance. 

ADDRESSES: The docket, identified by 

docket identification (ID) number EPA– 

HQ–OPPT–2021–0254, 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. Additional 

information about visiting the docket is 

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

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Peter 

Gimlin, Existing Chemical Risk 

Management Division, Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency 

(Mailcode 7404T), 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 566–0515; 

email address: gimlin.peter@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 and may be of interest to 

entities that manufacture (including 

import) a chemical substance regulated 

under TSCA, 15 U.S.C. 2601 et seq., 

(e.g., entities identified under North 

American Industrial Classification 

System (NAICS) codes 325 and 324110). 

The action may also be of interest to 

chemical processors, distributors in 

commerce, and users; non-governmental 

organizations in the environmental and 

public health sectors; state and local 

government agencies; and members of 

the public. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities and corresponding NAICS codes 

for entities that may be interested in or 

affected by this action. 

B. What is the Agency’s authority for 

taking this action? 

The final scope document is issued 

pursuant to TSCA section 6(b)(4)(D) and 

TSCA implementing regulations at 40 

CFR 702.41(c)(8). 

C. What action is the Agency taking? 

EPA is publishing the final scope of 

the risk evaluation for Asbestos Part 2: 

Supplemental Evaluation Including 

Legacy Uses and Associated Disposals 

of Asbestos. Through the TSCA risk 

evaluation process, EPA will determine 

whether the 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, in accordance with 

TSCA section 6(b)(4). 

II. Background 

In June 2016, EPA designated asbestos 

as one the first 10 chemicals to undergo 

risk evaluation under TSCA, as 

amended by Frank R. Lautenberg 

Chemical Safety for the 21st Century 

Act. EPA initially focused the risk 

evaluation for asbestos on chrysotile 

asbestos as this is the only asbestos fiber 

type that is currently imported, 

processed, or distributed in the United 

States. However, in late 2019, the court 

in Safer Chemicals, Healthy Families v. 

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

‘‘associated disposals’’ (i.e., future 

disposal of legacy uses) from the 

definition of conditions of use, although 

the court did uphold EPA’s exclusion of 

‘‘legacy disposals’’ (i.e., past disposal). 

Following this court ruling, EPA 

continued development of the risk 

evaluation focused on chrysotile 

asbestos and determined that the risk 

evaluation for asbestos would be issued 

in two parts. The risk evaluation for 

Asbestos Part 1: Chrysotile Asbestos was 

released in January 2021 (86 FR 89, 

January 4, 2021; FRL–10017–43), 

allowing the Agency to expeditiously 

move into risk management for the 

unreasonable risk identified in Part 1. 

Under the consent decree in the case 

Asbestos Disease Awareness 

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


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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices 38747 

cv–03716 (N.D. Cal.), EPA is required to 

publish a final Part 2 Risk Evaluation for 

Asbestos on or before December 1, 2024. 

The final scope of the Risk Evaluation 

for Asbestos Part 2 is the subject of this 

notice. 

The purpose of a risk evaluation is to 

determine whether a chemical 

substance presents an unreasonable risk 

to health or the environment, without 

consideration of costs or other nonrisk 

factors, including an unreasonable risk 

to a relevant potentially exposed or 

susceptible subpopulation, under the 

conditions of use (15 U.S.C. 

2605(b)(4)(A)). As part of this process, 

EPA must evaluate both hazards and 

exposures for the conditions of use; 

describe whether aggregate or sentinel 

exposures were considered and the 

basis for consideration; not consider 

costs or other nonrisk factors; take into 

account where relevant, likely duration, 

intensity, frequency, and number of 

exposures; and describe the weight-ofscientific-evidence for hazards and 

exposures (15 U.S.C. 2605(b)(4)(F)). This 

process will culminate in a 

determination of whether or not the 

chemical substance presents an 

unreasonable risk of injury to health or 

the environment under the conditions of 

use (15 U.S.C. 2605(b)(4)(A); 40 CFR 

702.47). 

III. Information and Comments 

Received on the Draft Scope 

In the Federal Register of December 

29, 2021 (Ref. 1), EPA announced the 

availability of the draft scope document 

for the Part 2 risk evaluation for asbestos 

to be conducted under TSCA and 

invited public comments on EPA’s draft 

scope document, including additional 

data or information relevant to the 

chemical substance or that otherwise 

could be useful to the Agency in 

finalizing the scope of the risk 

evaluation. To the extent that comments 

provided information on conditions of 

use, as well as other elements of the 

draft scope document, those comments 

and other submitted information (e.g., 

relevant studies, assessments, 

information on degradation products, 

and information on conditions of use) 

were used to inform revisions to the 

draft scope document and may be 

considered in subsequent phases of the 

risk evaluation process. 

EPA received 38 unique submissions, 

including comments from potentially 

affected businesses or trade 

associations, environmental and public 

health advocacy groups, and members 

of the general public. 

Comments addressed the overall 

approach to the risk evaluation process 

(e.g., collection, consideration, and 

systematic review of relevant 

information), the specific elements of 

the scope document (e.g., human 

hazard, exposure, and potentially 

exposed or susceptible subpopulations), 

information specific to asbestos (e.g., 

physical-chemical properties and fate, 

relevant studies, and conditions of use), 

and topics beyond the draft scope 

document phase of the TSCA section 6 

process (e.g., risk management). EPA 

considered those comments, as 

applicable and appropriate, in 

developing the final scope document. 

Concurrently with the publication of the 

final scope document, EPA is 

publishing a response to comments 

document that contains a 

comprehensive summary of and 

response to public comments received 

on the draft scope document for Part 2 

of the Risk Evaluation for Asbestos. The 

comprehensive response to comments 

document is available in the docket 

EPA–HQ–OPPT–2021–0254 (Ref. 2). 

IV. References 

The following is a listing of the 

documents that are specifically 

referenced in this Federal Register 

notice. The docket for this action 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket. For assistance in locating 

these referenced documents, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

1. EPA. Asbestos Part 2: Supplemental 

Evaluation Including Legacy Uses and 

Associated Disposals of Asbestos; Draft 

Scope of the Risk Evaluation To Be 

Conducted Under the Toxic Substances 

Control Act; Notice of Availability and 

Request for Comments. Federal Register. 

(86 FR 74088, December 29, 2021) (FRL– 

9347–01–OCSPP). 

2. EPA. EPA Response to Public Comments 

Received on the Draft Scopes of the Risk 

Evaluations under the Toxic Substances 

Control Act (TSCA) for: Asbestos Part 2: 

Supplemental Evaluation Including 

Legacy Uses and Associated Disposals of 

Asbestos (June 2022). 

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

Dated: June 24, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–13852 Filed 6–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2019–0237; FRL–9283–03– 

OCSPP] 

Cyclic Aliphatic Bromide Cluster 

(HBCD); Revision to the Toxic 

Substances Control Act (TSCA) Risk 

Determination; 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 Cyclic 

Aliphatic Bromide Cluster (HBCD) risk 

evaluation issued under the Toxic 

Substances Control Act (TSCA). The 

revision to the HBCD 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 HBCD, as 

a whole chemical substance, presents an 

unreasonable risk of injury to health and 

the environment 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 exposed because they are 

not covered by OSHA standards, or their 

employers are out of compliance with 

OSHA standards, or because OSHA has 

not issued a permissible exposure limit 

(PEL) (as is the case for HBCD). This 

revision supersedes the condition of 

use-specific no unreasonable risk 

determinations in the September 2020 

HBCD risk evaluation and withdraws 

the associated order included in section 

5.4.1 of the September 2020 HBCD risk 

evaluation. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2019–0237, is 

available online at https://

www.regulations.gov or in-person at the 

Office of Pollution Prevention and 

Toxics Docket (OPPT Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. 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 


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