Committee on Technical Barriers to Trade - Notification - United States - Toxic substances : trichloroethylene - Addendum

NOTIFICATION

Addendum

The following communication, dated 10 January 2023, is being circulated at the request of the delegation of the United States of America.

 

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Title: Trichloroethylene (TCE); Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability and Request for Comment

 

Reason for Addendum:

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Comment period changed - date:

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Notified measure adopted - date:

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Notified measure published - date:

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Notified measure enters into force - date:

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Text of final measure available from[1]:

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Notified measure withdrawn or revoked - date:

Relevant symbol if measure re-notified:

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Content or scope of notified measure changed and text available from1:

New deadline for comments (if applicable):

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Interpretive guidance issued and text available from1:

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Other:

https://www.govinfo.gov/content/pkg/FR-2023-01-09/html/2023-00116.htm

https://www.govinfo.gov/content/pkg/FR-2023-01-09/pdf/2023-00116.pdf

https://members.wto.org/crnattachments/2023/TBT/USA/23_0306_00_e.pdf

 

Description: TITLE: Trichloroethylene (TCE); 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 trichloroethylene (TCE) risk evaluation issued under the Toxic Substances Control Act (TSCA). The 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. EPA determined 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 workers always appropriately wear personal protective equipment (PPE). EPA understands that there could be adequate occupational safety protections in place at certain 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 Occupational Safety and Health Administration (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," or because EPA finds unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. This revision supersedes the condition of use-specific no unreasonable risk determinations in the November 2020 TCE Risk Evaluation and withdraws the associated TSCA order included in the November 2020 TCE Risk Evaluation.

This notice and the notice notified as G/TBT/N/USA/1892 are 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.

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[1] This information can be provided by including a website address, a pdf attachment, or other information on where the text of the final/modified measure and/or interpretive guidance can be obtained.