trans-1,2-Dichloroethylene Draft Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment

Issuing agencies

Abstract

The Environmental Protection Agency (EPA or Agency) is announcing the availability of and seeking public comment on the draft risk evaluation under the Toxic Substances Control Act (TSCA) for trans-1,2-dichloroethylene. 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 under the conditions of use (COUs), including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA is seeking comment on the draft risk evaluation for trans- 1,2-dichloroethylene.

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Notices]
[Pages 55337-55338]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17478]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0465; FRL-13477-01-OCSPP]


trans-1,2-Dichloroethylene Draft Risk Evaluation Under the Toxic 
Substances Control Act (TSCA); Notice of Availability and Request for 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
announcing the availability of and seeking public comment on the draft 
risk evaluation under the Toxic Substances Control Act (TSCA) for 
trans-1,2-dichloroethylene. 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 under the conditions of use 
(COUs), including unreasonable risk to potentially exposed or 
susceptible subpopulations identified as relevant to the risk 
evaluation by EPA, and without consideration of costs or non-risk 
factors. EPA is seeking comment on the draft risk evaluation for trans-
1,2-dichloroethylene.

DATES: Comments must be received on or before October 26, 2026.

ADDRESSES:  To submit comments on the trans-1,2-dichloroethylene draft 
risk evaluation, submit your comments, identified by docket ID number 
EPA-HQ-OPPT-2018-0465, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    Follow the online instructions for submitting comments. Do not 
electronically submit any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Members of the public should also be aware that 
personal information included in any written comments may be posted on 
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information on 
commenting or 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: 
    For technical information on trans-1,2-dichloroethylene: Daniel 
Whitby, Existing Chemical Risk Management Division, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-0598; email address: <a href="/cdn-cgi/l/email-protection#7703051619045a4659455a331e141f1b18051812031f0e1b12191259232434363712071659101801"><span class="__cf_email__" data-cfemail="3642445758451b0718041b725f555e5a59445953425e4f5a53585318626575777653465718515940">[email&#160;protected]</span></a>.
    For general information: The TSCA Assistance Information Service 
Hotline, Goodwill Vision Enterprises, 422 South Clinton Ave., 
Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-
1404; email address: <a href="/cdn-cgi/l/email-protection#32666171731f7a5d465e5b5c57725742531c555d44"><span class="__cf_email__" data-cfemail="b3e7e0f0f29efbdcc7dfdaddd6f3d6c3d29dd4dcc5">[email&#160;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 (defined under 
TSCA section 3(9) to include import), processing, distribution, use, 
and disposal of trans-1,2-dichloroethylene, 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 
relevant technical contact listed under FOR FURTHER INFORMATION 
CONTACT.

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

    The Agency is conducting these risk evaluations under TSCA section 
6, (15 U.S.C. 2605) which requires that EPA conduct risk evaluations on 
chemical substances and identifies the minimum components EPA must 
include in the risk evaluations. Each risk evaluation must be conducted 
consistent with the best available science, be based on the weight of 
the scientific evidence, and consider reasonably available information, 
and not consider costs or non-risk factors (15 U.S.C. 2625(h), (i), and 
(k)). See also the implementing procedural regulations at 40 CFR part 
702.

[[Page 55338]]

C. What action is the Agency taking?

    EPA is announcing the availability of and seeking public comment on 
the draft risk evaluation under TSCA for trans-1,2-dichloroethylene. 
EPA used the best available science to prepare the draft risk 
evaluation and preliminarily determined, based on the weight of 
scientific evidence, that trans-1,2-dichloroethylene does pose 
unreasonable risk to human health driven primarily by certain COUs 
analyzed in the draft risk evaluation.

D. What should I consider as I submit my comments to EPA?

1. Submitting CBI
    Do not submit CBI 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 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. Background for trans-1,2-Dichloroethylene

A. What is trans-1,2-dichloroethylene?

    Trans-1,2-dichloroethylene is primarily used in a solvent, reaction 
product, cleaning agent (degreaser), surface modifier, and processing 
aid. Workers and occupational non-users (ONUs) may be exposed to trans-
1,2-dichloroethylene through the inhalation route and workers through 
the dermal route associated with manufacturing, processing, use, or 
disposal of trans-1,2-dichloroethylene. Consumers may be exposed to 
trans-1,2-dichloroethylene through the dermal and inhalation routes 
during intended product use as a cleaner, degreaser, or propellant. 
Environmental releases to air, water, and land occur from industrial 
and waste handling facilities. Trans-1,2-dichloroethylene is expected 
to be persistent in air and water but is not expected to sorb to soil.

B. The Risk Evaluation of trans-1,2-Dichloroethylene

    In December 2019, EPA announced its designation of trans-1,2-
dichloroethylene (Docket ID: EPA-HQ-OPPT-2018-0465) as a high-priority 
substance for risk evaluation under TSCA (84 FR 71924 (FRL-10003-15-
OCSPP)). In April 2020, EPA published and sought public comment on the 
draft scope of the trans-1,2-dichloroethylene risk evaluation (85 FR 
19941 (FRL-10007-11-OCSPP)), and, after considering public comments, 
issued the final scope on September 4, 2020 (85 FR 55281 (FRL-10013-90-
OCSPP)).
    In this draft risk evaluation, EPA assessed human health risk to 
workers (including ONUs), consumers, and the general population, 
including fenceline communities and potentially exposed susceptible 
subpopulations (PESS), exposed to environmental releases of trans-1,2-
dichloroethylene. Specifically, EPA evaluated acute, intermediate, and 
chronic non-cancer risks to workers and ONUs; acute and intermediate 
non-cancer risks to consumers; and acute, intermediate, and chronic 
non-cancer to the general population (including fenceline communities 
and PESS). This draft risk evaluation also assessed acute and chronic 
risks to the environment, specifically to aquatic and terrestrial 
species.

C. Request for Comment

    EPA seeks feedback on the assessment of risk presented in the draft 
risk evaluation for trans-1,2-dichloroethylene, a copy of which is 
available in the docket, and encourages all potentially interested 
parties, including individuals, governmental and non-governmental 
organizations, non-profit organizations, academic institutions, 
research institutions, and private sector entities to comment on the 
draft risk evaluation. To the extent possible, the Agency asks 
commenters to please cite any public data related to or that support 
comments provided, and to the extent permissible, describe any 
supporting data that is not publicly available.
    EPA welcomes specific input on each section of the draft risk 
evaluation, and is particularly interested in:
    <bullet> information that may inform exposure assumptions for 
occupational exposure scenarios (OESs) (e.g., whether and how exposure 
controls and PPE are used for each of the COUs, the frequency of 
occupational task[s] per shift), especially related to the use of 
trans-1,2-dichloroethylene as a blowing agent;
    <bullet> information on the number of facilities involved in the 
vapor degreasing;
    <bullet> information to inform and refine the occupational exposure 
assessment of the Manufacturing as a Byproduct OES, including 
monitoring data;
    <bullet> information on the frequency of batch manufacturing within 
a facility to inform the occupational exposure assessment;
    <bullet> additional information on PPE use for the two COUs: (1) 
Processing--Incorporation into a formulation, mixture, or reaction 
product--Solvents (which become part of product formulation or mixture) 
and (2) Incorporation into a formulation, mixture, or reaction 
product--Solvents (for semiconductor manufacturing); and
    <bullet> other information on any relevant studies or other data 
sources that were not identified by EPA.

III. Next Steps

    After consideration of comments received from the public on the 
draft risk evaluation and input from the Scientific Advisory Committee 
on Chemicals (SACC) peer review, EPA will issue final risk evaluation 
of trans-1,2-dichloroethylene. Under TSCA section 6, EPA must use the 
final risk evaluation as a basis to determine, based on the weight of 
scientific evidence, whether or not the chemical presents an 
unreasonable risk to human health or the environment under the 
chemical's COUs. This includes risks to subpopulations who may be at 
greater risks than the general population, such as children and 
workers. TSCA prohibits EPA from considering non-risk factors (e.g., 
costs/benefits) during risk evaluation.
    For more information about the TSCA risk evaluation process for 
existing chemicals, go to <a href="https://www.epa.gov/assessing-and-managing-chemicals-under-tsca">https://www.epa.gov/assessing-and-managing-chemicals-under-tsca</a>.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: August 24, 2026.
Douglas M. Troutman,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2026-17478 Filed 8-26-26; 8:45 am]
BILLING CODE 6560-50-P


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