1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Environmental Protection Agency (EPA) [1922]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other [X]: Notice announcing the availability of and seeking public comment on a draft revision to the risk determination for the trichloroethylene (TCE) risk evaluation issued under TSCA; comments due 8 August 2022.

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Trichloroethylene (TCE); Environmental protection (ICS code(s): 13.020); Production in the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)

5.

Title, number of pages and language(s) of the notified document: Trichloroethylene (TCE); Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability and Request for Comment; (7 page(s), in English)

6.

Description of content: Notice - The Environmental Protection Agency (EPA) is announcing the availability of and seeking public comment on a draft revision to the risk determination for the trichloroethylene (TCE) risk evaluation issued under TSCA. The draft revision to the TCE 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. In this draft revision to the risk determination EPA finds that TCE, as a whole chemical substance, presents an unreasonable risk of injury to health 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 many of OSHA's chemical-specific permissible exposure limits largely adopted in the 1970's are described by OSHA as being "outdated and inadequate for ensuring protection of worker health.'' This revision, when final, would supersede the condition of use-specific no unreasonable risk determinations in the November 2020 TCE risk evaluation (and withdraw the associated order) and would make a revised determination of unreasonable risk for TCE as a whole chemical substance.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety; Protection of the environment

8.

Relevant documents:

87 Federal Register (FR) 40520, 7 July 2022:

https://www.govinfo.gov/content/pkg/FR-2022-07-07/html/2022-14478.htm

https://www.govinfo.gov/content/pkg/FR-2022-07-07/pdf/2022-14478.pdf

This notice is identified by Docket Number EPA-HQ-OPPT-2016-0737. The Docket Folder is available from Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OPPT-2016-0737/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit petitions for reconsideration to the USA TBT Enquiry Point by or before 4pm Eastern Time on 8 August 2022. Petitions for reconsideration received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

G/TBT/N/USA/1023 and G/TBT/N/USA/1023/Add.1 - Trichloroethylene (TCE); Significant New Use Rule; TCE in Certain Consumer Products identified by Docket Number EPA-HQ-OPPT-2014-0697.

G/TBT/N/USA/1247 and subsequent addenda - Trichloroethylene; Regulation of Certain Uses Under TSCA Sec. 6(a) identified by Docket Number EPA-HQ-OPPT-2016-0163.

G/TBT/N/USA/1270 and subsequent addenda - Trichloroethylene (TCE); Regulation of Certain Uses Under Toxic Substances Control Act identified by Docket Number EPA-HQ-OPPT-2016-0387.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 8 August 2022

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2022/TBT/USA/22_4600_00_e.pdf