Notice2024-22330
Certain Per- and Polyfluoroalkyl Substances (PFAS) Risk Management Under the Toxic Substances Control Act (TSCA); Request for Comment
Primary source
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Published
September 30, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79581-79583]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or
email. If you wish to include CBI in your comment, please follow the
applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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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