[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60456-60458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21133]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0237; FRL-10014-87]


Cyclic Aliphatic Bromide Cluster (HBCD); Final Toxic Substances 
Control Act (TSCA) Risk Evaluation; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of the final Toxic Substances Control Act (TSCA) risk 
evaluation of Cyclic Aliphatic Bromide Cluster (HBCD). 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 HBCD present an 
unreasonable risk of injury to health or the environment. 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 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.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2019-0237, is available online 
at http://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 is 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: Dr. 
Stan Barone, Office of Pollution Prevention and Toxics (7403M), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-1169; email address: 
barone.stan@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

[[Page 60457]]

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)-(ii) and (iv)-(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 5.4.1 of the final risk evaluation for HBCD 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. . .'' 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 section 6(i)(1) order for HBCD 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 take 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 http://www.regulations.gov in the dockets identified. 40 CFR 
702.51. Specifically, EPA has provided:
     The scope document and problem formulation (in Docket ID 
No. EPA-HQ-OPPT-2016-0735);
     Draft risk evaluation, and final risk evaluation (in 
Docket ID No. EPA-HQ-OPPT-2019-0237);
     All notices, determinations, findings, consent agreements, 
and orders (in Docket ID No. EPA-HQ-OPPT-2019-0237);
     Any information required to be provided to the Agency 
under 15 U.S.C. 2603 (in Docket ID No. EPA-HQ-OPPT-2016-0735 and Docket 
ID No. EPA-HQ-OPPT-2019-0237);
     A nontechnical summary of the risk evaluation (in Docket 
ID No. EPA-HQ-OPPT-2019-0237);
     A list of the studies, with the results of the studies, 
considered in carrying out each risk evaluation (Risk Evaluation for 
Cyclic Aliphatic Bromide Cluster (HBCD Cluster) in Docket ID No. EPA-
HQ-OPPT-2019-0237);
     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-2019-0237); and
     Response to public comments received on the draft scope 
and the draft risk evaluation (in Docket ID No. EPA-HQ-OPPT-2019-0237).

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 
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 http://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluations-existing-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-2019-0237. 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-2016-0735. Additionally, information about the scope, 
problem formulation, and draft risk evaluation phases of the TSCA risk 
evaluation for this chemical is at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-cyclic-aliphatic-bromide-cluster-hbcd.

B. What is Cyclic Aliphatic Bromide Cluster (HBCD Cluster)?

    The cyclic aliphatic bromide cluster chemicals, including 
hexabromocyclododecane (HBCD), are flame retardants. Other uses include 
use as a component of solder and use in automobile replacement parts. 
EPA has not identified reasonably available information to suggest that 
HBCD is currently domestically manufactured in

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any quantity. Companies have the ability to import the chemical in low 
volumes below the CDR reporting threshold.

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

Andrew Wheeler,
Administrator.
[FR Doc. 2020-21133 Filed 9-24-20; 8:45 am]
BILLING CODE 6560-50-P


