so that the chemical substance or mixture no longer presents such risk.
TCE was the subject of a risk evaluation under TSCA section 6(b)(4)(A)
that was issued in November 2020. In addition, in January 2023, EPA
issued a revised unreasonable risk determination that TCE as a whole
chemical substance presents an unreasonable risk of injury to health
under the conditions of use. As a result, EPA is proposing to take
action to the extent necessary so that TCE no longer presents such
risk.
2. Objectives and Legal Basis
    Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines
through a TSCA section 6(b) risk evaluation that a chemical substance
presents an unreasonable risk of injury to health or the environment,
EPA must by rule apply one or more requirements listed in TSCA section
6(a) to the extent necessary so that the chemical substance or mixture
no longer presents such risk. EPA has determined through a TSCA section
6(b) risk evaluation that TCE presents an unreasonable risk under the
conditions of use.
3. Description and Number of Small Entities to Which the Rule Will
Apply
    The proposed rule potentially affects small manufacturers
(including importers), processors, distributors, retailers, users of
TCE or of products containing TCE, and entities engaging in disposal.
EPA estimates that the proposal would affect approximately 22,113
overall firms, of which 21,571 small entities have estimated impacts.
End users with economic and technologically feasible alternatives are
estimated to only incur costs associated with rule familiarization.
4. Projected Compliance Requirements
    To address the unreasonable risk EPA has identified, EPA is
proposing to: Prohibit the manufacture (including import), processing,
and distribution in commerce of TCE for all uses (including all
consumer uses), with longer timeframes for manufacture and processing
related to certain uses; prohibit the industrial and commercial use and
distribution in commerce of TCE, with longer timeframes for certain
uses; prohibit the manufacture (including import) and processing of TCE
as an intermediate for the manufacture of HFC 134-a, following an 8.5-
year phaseout; prohibit the industrial and commercial use of TCE as a
solvent for closed-loop batch vapor degreasing for rayon fabric
scouring for end use in rocket booster nozzle production by Federal
agencies and their contractors, following a 10-year phaseout; prohibit
the manufacturing (including import), processing, distribution in
commerce, and use of TCE as a processing aid for battery separator
manufacturing following a 10-year TSCA section 6(g) exemption; prohibit
the manufacturing (including import), processing, distribution in
commerce, and use of TCE as a laboratory chemical (specifically in lab
use essential for essential laboratory activities) following a 50-year
TSCA section 6(g) exemption; Require strict workplace controls,
including a TCE workplace chemical protection program (WCPP), which
would include requirements for an inhalation exposure limit and glove
requirements to limit dermal exposure to TCE, for conditions of use
with long term phaseouts or time-limited exemptions under TSCA section
6(g); prohibit disposal to industrial pre-treatment, industrial
treatment, or publicly owned treatment works following a 50-year TSCA
section 6(g) exemption for cleanup projects; and establish
recordkeeping and downstream notification requirements.
    EPA is proposing to prohibit all conditions of use. EPA is
proposing longer timeframes (with workplace controls) for prohibitions
on certain conditions of use. For the reasons described in Unit V., EPA
notes that long-term implementation of the WCPP is not a feasible means
of addressing unreasonable risk and that prohibition of the COUs is
ultimately necessary to address the unreasonable risk. Furthermore,
when selecting among proposed prohibitions and other restrictions that
would apply to those occupational conditions of use, EPA has also
factored in considerations relating to health effects on PESS,
including older pregnant women (the group identified as most
susceptible to fetal cardiac defects), further discussed in Unit VI.A.
EPA is proposing a WCPP for several conditions of use of TCE in order
to address to the extent possible the unreasonable risk during the time
period before a prohibition becomes effective. The WCPP would include
the ECEL, the associated implementation requirements, and may include
other components, such as dermal protection.
    As described in Unit V.A., the TCE WCPP would be non-prescriptive,
in the sense that regulated entities would not be required to use
specific controls prescribed by EPA to achieve the exposure
concentration limit. Rather, it would be a performance-based exposure
limit that would enable owners or operators to determine how to most
effectively meet the exposure limit based on conditions at their
workplace.
    A central component of the TCE WCPP is the exposure limit.
Exposures remaining at or below the ECEL would address any unreasonable
risk of injury to health driven by inhalation exposures for
occupational conditions of use in the TSCA 2020 Risk Evaluation. For
TCE, EPA is proposing an ECEL of 0.0011 parts per million (ppm) (0.0059
mg/m\3\) for inhalation exposures to TCE as an 8-hour TWA. As discussed
in Unit V.A.2.b.i., EPA acknowledges the challenges of complying with
the WCPP due to suitable personal breathing zone monitoring methods to
detect TCE air concentration levels at the ECEL, and requests comment
on using OSHA

Method 1001 to set an interim exposure limit.
    Where elimination, substitution, engineering controls, and
administrative controls are not feasible to reduce the air
concentration to or below the ECEL for all potentially exposed persons,
EPA is proposing to require implementation of a PPE program in
alignment with OSHA's General Requirements for Personal Protective
Equipment at 29 CFR 1910.132. Consistent with 29 CFR 1910.132, owners
and operators would be required to provide PPE, including respiratory
protection and dermal protection selected in accordance with the
guidelines described in this unit, that is of safe design and
construction for the work to be performed. EPA is proposing to require
owners and operators ensure each potentially exposed person who is
required by this unit to wear PPE to use and maintain PPE in a
sanitary, reliable, and undamaged condition. Owners and operators would
be required to select and provide PPE that properly fits each
potentially exposed person who is required by this unit to use PPE and
communicate PPE selections to each affected person.
    As described further in Unit VI., EPA believes that long-term
implementation of the WCPP for continued use of TCE is not a feasible
means of addressing unreasonable risk such that prohibition may
ultimately be necessary to address the unreasonable risk.
    EPA is not proposing reporting requirements beyond downstream
notification (third-party notifications). Regarding recordkeeping
requirements, three primary provisions of the proposed rule relate to
recordkeeping. The first is recordkeeping of general records: all
persons who manufacture, process, distribute in commerce, or engage in
industrial or commercial use of TCE or TCE-containing products must
maintain ordinary business records, such as invoices and bills-of-
lading related to compliance with the prohibitions, restrictions, and
other provisions of the regulation.
    The second is recordkeeping related to WCPP compliance: under the
proposed regulatory action, facilities complying with the rule through
the WCPP would be required to develop and maintain records associated
with ECEL exposure monitoring (including measurements, compliance with
Good Laboratory Practice Standards, and information regarding
monitoring equipment); compliance with the ECEL or lowest achievable
exposure level (including the exposure control plan, PPE program
implementation, and workplace information and training); PPE compliance
(including the exposure control plan, PPE program implementation, basis
for specific PPE selection, and workplace information and training);
and workplace participation. This would also include recordkeeping
related to the exemptions proposed under TSCA section 6(g), which would
provide longer compliance dates for entities engaged in specific
activities with TCE for which prohibition in the short term would be
disruptive to national security or critical infrastructure. To maintain
eligibility for the time-limited exemptions, EPA is proposing that
owners and operators maintain records demonstrating compliance with the
specific conditions of the exemption, including compliance with the
WCPP by meeting the ECEL to the extent possible. To support and
demonstrate compliance, EPA is proposing that each owner or operator of
a workplace subject to the WCPP retain compliance records for five
years.
    The third is recordkeeping related to the phaseouts for processing
TCE in manufacture of HFC-134a (for which each manufacturer of HFC-134a
who uses TCE as an intermediate would be required to maintain
production volume records demonstrating compliance with setting the
baseline and the phaseout) or use as a solvent for closed-loop batch
vapor degreasing for rayon fabric scouring (for which each person using
TCE would be required to maintain records demonstrating that the end
use is for rocket booster nozzle production for Federal agencies and
their contractors and would, within five years, be required to maintain
records that demonstrate that a final pre-launch test of rocket booster
nozzles was completed without using TCE in the production of rocket
booster nozzles for Federal agencies and their contractors).
a. Classes of Small Entities Subject to the Compliance Requirements
    The small entities that would be potentially directly regulated by
this rulemaking are small entities that manufacture (including import),
process, distribute in commerce, use, or dispose of TCE, including
retailers of TCE for end-consumer uses.
b. Professional Skills Needed To Comply
    Entities that would be subject to this proposal that manufacture
(including import), process, or distribute TCE in commerce would be
required to cease under the proposed rule. The entity would be required
to modify their SDS or develop another way to inform their customers of
the prohibition on manufacture, processing, and distribution of TCE.
They would also be required to maintain ordinary business records, such
as invoices and bills-of-lading, that demonstrate compliance with the
prohibitions, restrictions, and other provisions of this proposed
regulation. These are all routine business tasks that do not require
specialized skills or training.
    Entities that use TCE in any industrial and commercial capacity
would be required to cease under the proposed rule, with some
timeframes for prohibitions longer than others. Restriction or
prohibition of these uses would likely require the implementation of an
alternative chemical or the cessation of use of TCE in a process or
equipment that may require persons with specialized skills, such as
engineers or other technical experts. Instead of developing an
alternative method themselves, commercial users of TCE may choose to
contract with another entity to do so.
    Entities that would be permitted to continue on a time-limited
basis until prohibition to manufacture, process, distribute, or use TCE
would be required to implement a WCPP and would have to attempt to meet
the provisions of the program to the extent possible for continued use
of TCE. A transition to a WCPP may require persons with specialized
skills such as an engineer or health and safety professional. Instead
of implementing the WCPP to the extent possible, entities that use TCE
may choose to contract with another entity to do so. Records would have
to be maintained for compliance with a WCPP by meeting the ECEL to the
extent possible. While this recording activity itself may not require a
special skill, the information to be measured and recorded may require
persons with specialized skills such as an industrial hygienist.
5. Relevant Federal Rules
    Because of its health effects, TCE is subject to numerous State,
Federal, and international regulations restricting and regulating its
use. The following is a summary of the regulatory actions pertaining to
TCE; for a full description see appendix A of the 2020 Risk Evaluation
for TCE and the summary in the docket (Ref. 9).
    EPA has published numerous rules and Federal Register documents
pertaining to TCE under its various authorities.
    Under a Significant New Use Rule (SNUR), (81 FR 20535, April 8,
2016), issued under the authority of TSCA section 5(a), TCE is subject
to notifications for manufacture (including import) or processing of
TCE for use in

a consumer product except for use in cleaners and solvent degreasers,
film cleaners, hoof polishes, lubricants, mirror edge sealants and
pepper spray. This SNUR ensures that EPA will have the opportunity to
review any new consumer uses of TCE and, if appropriate, take action to
prohibit or limit those uses.
    The TSCA section 8(a) Chemical Data Reporting (CDR) Rule requires
manufacturers (including importers) to give EPA basic exposure-related
information on the types, quantities and uses of chemical substances
produced domestically and imported into the United States. TCE
manufacturing (including importing), processing, and use information is
reported under the CDR rule (76 FR 50816, August 16, 2011).
    TCE is a hazardous air pollutant under the CAA (42 U.S.C.
7412(b)(1)). Under section 112(d), EPA has established national
emission standards for hazardous air pollutants (NESHAPs) for a number
of source-specific categories that emit TCE, including synthetic
organic chemical manufacturing (40 CFR part 63, subparts F, G, and H),
miscellaneous organic chemical manufacturing (40 CFR part 63, subpart
FFFF), and aerospace manufacturing and rework facilities (40 CFR part
63, subpart GG). Under sections 112(d) and 112(f), EPA has promulgated
a number of risk and technology review (RTR) NESHAPs, including the RTR
NESHAP for Halogenated Solvent Cleaning (40 CFR part 63, subpart T).
With this proposed rule under TSCA section 6, uses and emissions
already regulated under these NESHAPs would be prohibited, with some of
these uses identified for a longer phaseout timeframe under TSCA
section 6.
    Under the CAA section 612, EPA's Significant New Alternatives
Policy (SNAP) program listed TCE as an acceptable substitute for methyl
chloroform and chlorofluorocarbon (CFC)-113 in metals, electronics, and
precision cleaning; as an alternative to CFC-11, CFC-113, methyl
chloroform, and hydrochlorofluorocarbon (HCFC)-141b for aerosol solvent
use; and as an alternative for methyl chloroform for use as a carrier
solvent in adhesives, coatings, and inks (59 FR 13044, March 18, 1994).
TCE was also noted to have essentially no ozone depletion potential and
cited as a volatile organic compound (VOC)-exempt solvent and
acceptable substitute for ozone-depleting substances (72 FR 30142, May
30, 2007). TCE is also listed under the National Volatile Organic
Compound Emission Standards for Aerosol Coatings (40 CFR part 59,
subpart E). Under the American Innovation and Manufacturing Act (AIM
Act) that directs EPA to phase down the production and consumption of
HFCs, EPA set HFC production and consumption baseline levels from which
reductions will be made (86 FR 55116, October 5, 2021). The rule also
establishes an initial methodology for allocating and trading HFC
allowances for 2022 and 2023. TCE is identified as a feedstock chemical
for HFC production, specifically HFC-134a.
    TCE is designated as a toxic pollutant under section 307(a)(1) of
the Clean Water Act and as such is subject to effluent limitations.
Also under section 304, TCE is included in the list of total toxic
organics (TTO) (40 CFR 413.02(i)). In 2015, EPA published updated
ambient water quality criteria for TCE, including recommendations for
``water + organism'' and ``organism only'' human health criteria for
States and authorized tribes to consider when adopting criteria into
their water quality standards (80 FR 36986, June 29, 2015). TCE is also
subject to National Primary Drinking Water Regulations (NPDWR) under
the Safe Drinking Water Act (SDWA) with a maximum contaminant level
goal (MCGL) of zero and an enforceable maximum contaminant level (MCL)
of 0.005 mg/L (40 CFR 141.50; 40 CFR 141.61).
    Programs within EPA implementing other environmental statutes,
including, but not limited to, the RCRA, the Comprehensive
Environmental Response, Compensation and Liability Act, the Safe
Drinking Water Act, and the CWA, classify TCE as a characteristic and
listed hazardous waste (40 CFR 261.24, 40 CFR 261.31, 40 CFR
261.33(f)). In 2013, EPA modified its hazardous waste management
regulations to conditionally exclude solvent-contaminated wipes that
have been cleaned and reused from the definition of solid waste under
RCRA and to conditionally exclude solvent-contaminated wipes that are
disposed from the definition of hazardous waste (78 FR 46448, July 31,
2013). However, TCE-contaminated wipes were not eligible for this
exclusion due to health and safety concerns.
    EPA notes that TCE was first registered as an antimicrobial and
conventional chemical in 1985 pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). TCE is not currently used in
pesticides, either as an active or inert ingredient. While TCE was
previously used as an inert, EPA removed TCE from its list of inert
ingredients used in pesticide products in 1998 (63 FR 34384, June 24,
1998).
    While TSCA shares equity in the regulation of TCE, EPA does not
anticipate this rulemaking to duplicate nor conflict with the
aforementioned programs' classifications and associated rules.
    In addition to EPA actions, TCE is also subject to other Federal
regulations. Under the OSH Act, OSHA established the PEL for TCE at 100
ppm as an 8-hour TWA with an acceptable ceiling concentration of 200
ppm and an acceptable maximum peak above the acceptable ceiling
concentration for an 8-hour shift of 300 ppm, maximum duration of 5
minutes in any 2 hours (29 CFR 1910.1000). However, EPA recognizes that
the existing PEL does not eliminate the unreasonable risk identified by
EPA under TSCA, and EPA is therefore proposing prohibitions based on
the unreasonable risk identified following the TSCA 2020 Risk
Evaluation for TCE, with time-limited requirements to meet to the
extent possible a new, lower exposure limit. The implementation of
those requirements would align with existing OSHA requirements where
possible. For TCE, this approach would eliminate the unreasonable risk
driven by certain conditions of use, reduce burden for complying with
the regulations, and provide the familiarity of a pre-existing
framework for the regulated community.
    Under the FFDCA, the Food and Drug Administration established
tolerances for residues of TCE resulting from its use as a solvent in
the manufacture of decaffeinated coffee and spice oleoresins (21 CFR
173.290). Under the Atomic Energy Act, the Department of Energy Worker
Safety and Health Program requires its contractor employees to use the
2005 ACGIH TLV for TCE, which is 10 ppm (8-hour TWA) and 25 ppm Short
Term Exposure Limit. Under the Federal Hazardous Material
Transportation Act, the Department of Transportation has designated TCE
as a hazardous material, and there are special requirements for
marking, labeling, and transporting it (49 CFR part 171, 49 CFR part
172, 40 CFR 173.202, and 40 CFR 173.242).
6. Significant Alternatives to the Proposed Rule
    EPA analyzed alternative regulatory approaches to identify which
would be feasible, reduce burden to small businesses, and achieve the
objective of the statute (i.e., applying one or more requirements
listed in TSCA section 6(a) to the extent necessary so that the
chemical substance or mixture no longer presents an unreasonable risk).
As

described in more detail in Unit V., EPA considered several factors, in
addition to identified unreasonable risk, when selecting among possible
TSCA section 6(a) requirements. To the extent practicable, EPA factored
into its decisions: the effects of TCE on health and the environment,
the magnitude of exposure to TCE of human beings and the environment,
the benefits of TCE for various uses, and the reasonably ascertainable
economic consequences of the rule. As part of this analysis, EPA
considered--in addition to the prohibitions described in Unit V.--a
wide variety of control measures to address the unreasonable risk from
TCE such as a WCPP, weight fractions, a certification and limited
access program, and prescriptive controls. EPA's analysis of these risk
management approaches is detailed in Unit V.A.3. In general, EPA
determined that these approaches alone would either not be able to
address the unreasonable risk, or, in the case of a weight fraction
limit, would result in a product containing so little TCE that it would
have the effect of a prohibition.
    Additionally, in this proposed rule and the Economic Analysis, EPA
has examined a primary alternative regulatory action. The primary
alternative regulatory action described in this proposed rule and
considered by EPA combines prohibitions and requirements for a WCPP.
While in some ways it is similar to the proposed regulatory action, the
primary alternative regulatory action described in this NPRM differs
from the proposed regulatory action by providing longer timeframes for
prohibitions and by describing an ECEL based on a different health
endpoint (i.e., immunotoxicity), as part of the WCPP, for the
conditions of use of TCE that would be permitted to continue for longer
than 1 year after publication of the final rule until the prohibition
compliance dates. The primary alternative regulatory action was
considered and found to provide greater uncertainty in addressing the
unreasonable risk from TCE under the conditions of use, resulting in
EPA's proposed action. Estimated costs of the primary alternative
regulatory action can be found in Chapter 7 of the Economic Analysis
(Ref. 3).
    As indicated by this overview, and detailed in Unit VI.A., in the
review of alternatives, EPA determined that some methods either did not
effectively eliminate the unreasonable risk presented by TCE or, for
many conditions of use, there was a high degree of uncertainty
regarding whether compliance with a comprehensive WCPP would be
possible to adequately protect potentially exposed persons. While EPA
is soliciting comments about all aspects on the alternative regulatory
actions, which may be incorporated into the final rulemaking, EPA has
considered the primary alternative regulatory action and found that the
proposed action is more suitable for addressing the unreasonable risk
to the extent necessary so that TCE no longer presents such risk, while
also allowing flexibility for regulated entities to continue operations
under time-limited exemptions, as described in more detail in Units
V.A. and VI.A.
    Regarding timeframes for compliance, as described in Units V.A.1.,
2., and 3., the proposed compliance dates incorporate EPA's
consideration of sustained awareness of risks resulting from TCE
exposure as well as precedent established by the OSHA standards (62 FR
1494, January 10, 1997). TSCA requires that EPA propose timeframes that
are ``as soon as practicable'' under TSCA section 6(d)(1)(B) and
6(d)(1)(D). EPA has no information indicating that the proposed
compliance dates are not practicable for the activities that would be
prohibited, or that additional time is needed for products affected by
the proposed restrictions to clear the channels of trade. As noted in
Unit IX., EPA is seeking public comment on whether additional time is
needed for compliance with prohibitions, for products to clear the
channels of trade, or for implementing a WCPP. EPA may finalize shorter
or longer compliance timeframes based on public comment. Regarding
potential regulatory flexibilities for compliance dates and timeframes,
EPA notes that the alternative regulatory action would include longer
compliance timeframes for prohibitions. Given the potential severity of
impacts from exposure to TCE, EPA's proposed regulatory action would
include relatively rapid compliance timeframes. However, it is possible
that longer timeframes would be needed for entities to come into
compliance; therefore, the primary alternative regulatory action
described in the proposed rule would include longer timeframes for
implementation than the proposed regulatory action. These timeframes
are detailed in Unit V.B.
    As required by section 609(b) of the RFA, the EPA also convened a
SBAR Panel to obtain advice and recommendations from SERs that
potentially would be subject to the rule's requirements. The SBAR Panel
evaluated the assembled materials and small-entity comments on issues
related to elements of an IRFA. A copy of the full SBAR Panel Report
(Ref. 32) is available in the rulemaking docket.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain a Federal mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action would
affect entities that use TCE. It is not expected to affect State,
local, or Tribal governments because the use of TCE by government
entities is minimal. This action is not expected to result in
expenditures by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more (when adjusted
annually for inflation) in any 1 year. Accordingly, this action is not
subject to the requirements of sections 202, 203, or 205 of UMRA.

E. Executive Order 13132: Federalism

    EPA has concluded that this action has federalism implications as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because regulations under TSCA section 6(a) may preempt State law. As
set forth in TSCA section 18(a)(1)(B), the issuance of rules under TSCA
section 6(a) to address the unreasonable risk presented by a chemical
substance has the potential to trigger preemption of laws, criminal
penalties, or administrative actions by a State or political
subdivision of a State that are: (1) Applicable to the same chemical
substance as the rule under TSCA section 6(a); and (2) Designed to
prohibit or otherwise restrict the manufacture, processing, or
distribution in commerce or use of that same chemical. TSCA section
18(c)(3) applies that preemption only to the ``hazards, exposures,
risks, and uses or conditions of use'' of such chemical included in the
final TSCA section 6(a) rule.
    EPA provides the following preliminary federalism summary impact
statement. The Agency consulted with State and local officials early in
the process of developing the proposed action to permit them to have
meaningful and timely input into its development. This included
background presentation on September 9, 2020, and a consultation
meeting on July 22, 2021. EPA invited the following national
organizations representing State and local elected officials to these
meetings: Association of State Drinking Water Administrators, National
Association of Clean Water Agencies, Western States Water Council,
National Water Resources Association, American Water Works Association,
Association of Metropolitan Water Agencies,

Association of Clean Water Administrators, Environmental Council of the
States, National Association of Counties, National League of Cities,
County Executives of America, U.S. Conference of Mayors, and National
Association of Attorneys General. As described in Unit III.A.1., during
the meeting participants and EPA discussed preemption; the authority
given under TSCA section 6 to regulate identified unreasonable risk;
which activities would be potentially regulated in the proposed rule;
TSCA reporting requirements; key local constituencies; and the
relationship between TSCA and existing statutes, particularly the CWA
and SDWA. A summary of the meeting with these organizations, including
the views that they expressed, is available in the docket (Ref. 26).
EPA provided an opportunity for these organizations to provide follow-
up comments in writing but did not receive any such comments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and the Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. This rulemaking would not have
substantial direct effects on Tribal government because TCE is not
manufactured, processed, or distributed in commerce by Tribes. TCE is
not regulated by Tribes, and this rulemaking would not impose
substantial direct compliance costs on Tribal governments. Thus,
Executive Order 13175 does not apply to this action.
    Consistent with the EPA Policy on Consultation and Coordination
with Indian Tribes, EPA consulted with Tribal officials during the
development of this action. The Agency held a Tribal consultation from
May 17, 2021, to August 20, 2021, with meetings on June 15, 2021, and
July 8, 2021. Tribal officials were given the opportunity to
meaningfully interact with EPA risk managers concerning the current
status of risk management. During the consultation, EPA discussed risk
management under TSCA section 6(a). EPA risk managers briefed Tribal
officials on the Agency's risk management considerations and Tribal
officials raised issues and concerns. Issues raised by Tribal officials
included concerns from Tribal members about the TCE OSHA exposure
limits being outdated, Tribal interest in seeing TCE phased out and an
interest in reducing greenhouse gas emissions, and concerns that third
party disposal may be occurring near Tribal lands, with a particular
interest in protecting workers at publicly owned treatment works.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) directs Federal
agencies to include an evaluation of the health and safety effects of
the planned regulation on children in Federal health and safety
standards and explain why the regulation is preferable to potentially
effective and reasonably feasible alternatives. While the environmental
health or safety risks addressed by this action present a
disproportionate risk to children due to TCE's developmental toxicity,
this action is not subject to Executive Order 13045 because it is not a
significant regulatory action under section 3(f)(1) of Executive Order
12866.
    However, EPA's 2021 Policy on Children's Health applies to this
action. Information on how the Policy was applied is presented in Unit
III.A.3. In addition, this action's health and risk assessments are
contained in Units III.B.2., VI.A. and B., and the 2020 Risk Evaluation
for TCE (section 4 in Ref. 1) and the Economic Analysis for this
proposed rulemaking (Ref. 3).

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' under Executive
Order 13211 (66 FR 28355, May 22, 2001) because it is not likely to
have a significant adverse effect on the supply, distribution or use of
energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    Pursuant to the NTTAA section 12(d), 15 U.S.C. 272., the Agency has
determined that this rulemaking involves environmental monitoring or
measurement, specifically for occupational inhalation exposures to TCE.
Consistent with the Agency's Performance Based Measurement System
(PBMS), the Agency proposes not to require the use of specific,
prescribed analytic methods. Rather, the Agency plans to allow the use
of any method that meets the prescribed performance criteria. The PBMS
approach is intended to be more flexible and cost-effective for the
regulated community; it is also intended to encourage innovation in
analytical technology and improved data quality. EPA is not precluding
the use of any method, whether it constitutes a voluntary consensus
standard or not, as long as it meets the performance criteria
specified.
    For this rulemaking, the key consideration for the PBMS approach is
the ability to accurately detect and measure airborne concentrations of
TCE at the ECEL and the ECEL action level. Some examples of methods
which meet the criteria are included in appendix B of the ECEL memo
(Ref. 46). EPA recognizes that there may be voluntary consensus
standards that meet the proposed criteria (Ref. 12). EPA request
comments on whether it should incorporate such voluntary consensus
standards in the rule and seeks information in support of such comments
regarding the availability and applicability of voluntary consensus
standards that may achieve the sampling and analytical requirements of
the rule in lieu of the PBMS approach.
    EPA requests comment on the degree to which additional guidance
related to use of methods might be necessary.

J. Executive Orders 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and 14096:
Revitalizing Our Nation's Commitment to Environmental Justice for All

    EPA believes that the human health or environmental conditions that
exist prior to this action result in or have the potential to result in
disproportionate and adverse human health or environmental effects on
communities with environmental justice concerns. As described more
fully in the Economic Analysis, EPA conducted an analysis to
characterize the baseline conditions faced by communities and workers
affected by the regulation to identify the potential for
disproportionate impacts on communities with EJ concerns in accordance
with Executive Order 12898 (59 FR 7629, February 16, 1994) and
Executive Order 14096 (88 FR 25251, April 26, 2023). The baseline
characterization suggests that workers in affected industries and
regions, as well as residents of nearby communities, are more likely to
be people of color than the general population in affected states,
although this varied by use assessed. Based on reasonably available
information, EPA believes that there are potential EJ concerns in
communities surrounding facilities subject to this regulation (Ref. 3).
    EPA believes that this action is likely to reduce existing
disproportionate and adverse effects on communities with

environmental justice concerns. While the regulatory options are
anticipated to address the unreasonable risk from exposure to TCE to
the extent necessary so that it is no longer unreasonable, EPA is not
able to quantify the distribution of the change in risk for affected
populations. EPA is also unable to quantify the changes in risks for
affected populations from non-TCE-using technologies or practices that
firms may adopt in response to the regulation to determine whether any
such changes could pose EJ concerns. Data limitations that prevent EPA
from conducting a more comprehensive analysis are summarized in the
Economic Analysis (Ref. 3).
    EPA additionally identified and addressed EJ concerns by conducting
outreach to advocates of communities that might be subject to
disproportionate exposure to TCE. On June 16, 2021, and July 6, 2021,
EPA held public meetings as part of this consultation (Ref. 32). See
also Unit III.A.1. Following the EJ meetings, EPA received five written
comments, in addition to oral comments provided during the
consultations. In general, commenters supported strong regulation of
TCE to protect lower-income communities and workers. Commenters
supported strong outreach to affected communities, encouraged EPA to
follow the hierarchy of controls, favored prohibitions, and noted the
uncertainty, and, in some cases, inadequacy, of PPE.
    The information supporting the review under Executive Order 12898
and Executive Order 14096 is contained in Units I.E., II.D., III.A.1.,
VI.A., and in the Economic Analysis (Ref. 3). EPA's presentations and
fact sheets for the EJ consultations related to this rulemaking, are
available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/materials-june-and-july-2021-environmental-justice. These
materials and a summary of the consultation are also available in the
public docket for this rulemaking (Ref. 32).

List of Subjects in 40 CFR Part 751

    Environmental protection, Chemicals, Export notification, Hazardous
substances, Import certification, Reporting and recordkeeping.

Michael S. Regan,
Administrator.

    Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR part 751 as follows:

PART 751--REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES
UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT

0
1. The authority citation for part 751 continues to read as follows:

    Authority: 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).

0
2. Amend Sec.  751.5 by adding in alphabetical order definitions for
``Authorized person'', ``ECEL'', ``Exposure group'', ``Owner or
operator'', ``Potentially exposed person'', ``Regulated area'', and
``Retailer'' to read as follows:

Sec.  751.5  Definitions.

* * * * *
    Authorized person means any person specifically authorized by the
owner or operator to enter, and whose duties require the person to
enter a regulated area.
* * * * *
    ECEL is an Existing Chemical Exposure Limit and means an airborne
concentration calculated as an eight (8)-hour time-weighted average
(TWA).
* * * * *
    Exposure group means a group consisting of every person performing
the same or substantially similar operations in each work shift, in
each job classification, and in each work area where exposure to
chemical substances or mixtures is reasonably likely to occur.
    Owner or operator means any person who owns, leases, operates,
controls, or supervises a workplace covered by this part.
* * * * *
    Potentially exposed person means any person who may be
occupationally exposed to a chemical substance or mixture in a
workplace as a result of a condition of use of that chemical substance
or mixture.
    Regulated area means an area established by the regulated entity to
demarcate areas where airborne concentrations of a specific chemical
substance exceed, or there is a reasonable possibility they may exceed,
the ECEL or the EPA STEL.
    Retailer means a person who distributes in commerce or makes
available a chemical substance or mixture to consumer end users,
including e-commerce internet sales or distribution. Any distributor
with at least one consumer end user customer is considered a retailer.
A person who distributes in commerce or makes available a chemical
substance or mixture solely to commercial or industrial end users or
solely to commercial or industrial businesses is not considered a
retailer.
0
2. Add new subpart D to read as follows:
Subpart D--Trichloroethylene
Sec.
751.301 General.
751.303 Definitions.
751.305 Prohibitions of manufacturing, processing, distribution in
commerce, use and disposal.
751.307 Phaseout of trichloroethylene use in manufacture of HFC-
134a.
751.309 Phaseout of trichloroethylene use in vapor degreasing for
booster rocket nozzles.
751.311 Workplace chemical protection program.
751.313 Downstream notification.
751.315 Recordkeeping requirements.
751.317 Exemptions.

Sec.  751.301  General.

    This subpart establishes prohibitions and restrictions on the
manufacture (including import), processing, distribution in commerce,
use, and disposal of trichloroethylene (TCE) (CASRN 79-01-6) to prevent
unreasonable risk of injury to health in accordance with TSCA section
6(a).

Sec.  751.303  Definitions.

    The definitions in subpart A of this part apply to this subpart
unless otherwise specified in this section. In addition, the following
definitions apply:
    Distribute in commerce has the same meaning as in section 3 of the
Act, except that the term does not include retailers for purposes of
Sec. Sec.  751.313 and 751.315.
    ECEL action level means a concentration of airborne TCE of 0.00055
parts per million (ppm) calculated as an eight (8)-hour time-weighted
average (TWA).

Sec.  751.305  Prohibitions of manufacturing, processing, distribution
in commerce, use and disposal.

    (a) Applicability. The provisions of this section apply to the
following:
    (1) Manufacturing (including importing);
    (2) Processing;
    (3) All industrial and commercial uses;
    (4) All consumer uses;
    (5) Distribution in commerce; and
    (6) Disposal of TCE to industrial pre-treatment, industrial
treatment, or publicly owned treatment works.
    (b) Prohibitions. (1) After [DATE 3 MONTHS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], all persons are
prohibited from manufacturing (including importing)

TCE, except as specified in paragraphs (b)(4) through (13) of this
section.
    (2) After [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
processing and distributing in commerce (including making available)
TCE, including any TCE-containing products, except as specified in
paragraphs (b)(4) through (13) of this section.
    (3) After [DATE 9 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
industrial and commercial use of TCE, including any TCE-containing
products, except as specified in paragraphs (b)(4) through (13) of this
section.
    (4) After [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
manufacturing (including importing) TCE for industrial and commercial
use for batch vapor degreasing in open-top and closed-loop degreasing
equipment, except for the use specified in paragraphs (b)(9) and (11)
of this section.
    (5) After [DATE 9 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
processing TCE for industrial and commercial use for batch vapor
degreasing in open-top and closed-loop degreasing equipment, except for
the use specified in paragraphs (b)(9) and (11) of this section.
    (6) After [DATE 1 YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], all persons are prohibited from the
industrial and commercial use of TCE for batch vapor degreasing in
open-top and closed-loop degreasing equipment, except for the use
specified in paragraphs (b)(9) and (11) of this section.
    (7) After [DATE 18 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
manufacturing (including importing) TCE for processing of TCE as a
reactant/intermediate and processing TCE for the industrial and
commercial use of TCE as a processing aid for: battery separator
manufacturing; process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; extraction
solvent used in caprolactam manufacture; precipitant used in beta-
cyclodextrin manufacture, except for those uses specified in paragraphs
(b)(10) and (12) of this section.
    (8) After [DATE 2 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], all persons are prohibited from processing
TCE as a reactant/intermediate and from processing TCE for the
industrial and commercial use of TCE as a processing aid in: process
solvent used in battery manufacture; process solvent used in polymer
fiber spinning, fluoroelastomer manufacture and Alcantara manufacture;
extraction solvent used in caprolactam manufacture; precipitant used in
beta-cyclodextrin manufacture, except for those uses specified in
paragraphs (b)(10) and (12) of this section.
    (9) After [DATE 5 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER] all persons are prohibited from the industrial
and commercial use of TCE as a solvent in closed-loop batch vapor
degreasing for rayon fabric scouring for end use in producing rocket
booster nozzles for Federal agencies and their contractors, and
manufacturing (including importing), processing, and distribution in
commerce of TCE for such use, unless such persons obtain and maintain
the records required by Sec.  751.309 demonstrating that a final pre-
launch test was completed using an alternative to TCE in the production
of the rocket booster nozzles.
    (10) After [DATE 8 YEARS AND 6 MONTHS AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], all persons are prohibited
from manufacturing (including import), distribution in commerce, and
processing of TCE as an intermediate for manufacturing
hydrofluorocarbon 134-a, also known as 1,1,1,2-Tetrafluroethane (HFC-
134a: CAS Number 811-97-2).
    (11) After [DATE 10 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from the
industrial and commercial use of TCE as a solvent in closed-loop batch
vapor degreasing for rayon fabric scouring for end use in producing
rocket booster nozzles for Federal agencies and their contractors, and
manufacturing (including importing), processing, and distribution in
commerce of TCE for such use.
    (12) After [DATE 10 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from the
industrial and commercial use of TCE as a processing aid for battery
separatory manufacturing, and the manufacturing (including importing),
processing, and distribution in commerce of TCE for such use.
    (13) After [DATE 10 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], for DoD naval vessels and their systems,
and in the maintenance, fabrication, and sustainment for and of such
vessels and systems, prohibit the industrial and commercial use of TCE
as potting compounds for naval electronic systems and equipment;
sealing compounds for high and ultra high vacuum systems; bonding
compounds for materials testing and maintenance of underwater systems
and bonding of nonmetallic materials; and cleaning requirements (which
includes degreasing using wipes, sprays, solvents and vapor degreasing)
for: materials and components required for military ordnance testing;
temporary resin repairs in vessel spaces where welding is not
authorized; ensuring polyurethane adhesion for electronic systems and
equipment repair and installation of elastomeric materials; various
naval combat systems, radars, sensors, equipment; fabrication and
prototyping processes to remove coolant and other residue from machine
parts; machined part fabrications for naval systems; installation of
topside rubber tile material aboard vessels; and vapor degreasing
required for substrate surface preparation prior to electroplating
processes.
    (14) After [DATE 50 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from
industrial and commercial uses of TCE for the laboratory uses for
essential laboratory uses described in Sec.  751.317(b)(1), and from
the manufacturing (including importing), processing, and distribution
in commerce of TCE for such uses.
    (15) After [DATE 9 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons manufacturing (including
importing), processing, and using TCE are prohibited from disposal of
TCE to industrial pre-treatment, industrial treatment, or publicly
owned treatment works except as specified in paragraph (b)(16) of this
section.
    (16) After [DATE 50 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from disposal
of TCE to industrial pre-treatment, industrial treatment, or publicly
owned treatment works for the purposes of cleanup projects of TCE-
contaminated water and groundwater as described in Sec.  751.317(b)(2).

    (17) After [DATE 7 YEARS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], all persons are prohibited from the
industrial and commercial use of TCE as a solvent in closed-loop vapor
degreasing necessary for human-rated rocket engine cleaning by NASA and
its contractors as described in Sec.  751.317(c)(3) and the
manufacturing (including importing), processing, and distribution in
commerce of TCE for such use.

Sec.  751.307  Phaseout of trichloroethylene use in manufacture of HFC-
134a.

    (a) Baseline. Before [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], each manufacturer of HFC-134a
who processes TCE as an intermediate must establish a baseline annual
volume of TCE processed as an intermediate.
    (1) The manufacturer must use the average of any 12 consecutive
months in the 36 months preceding [DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER] to calculate the baseline.
    (2) The manufacturer must retain records that demonstrate how the
baseline annual volume was calculated, in accordance with Sec.
751.315(d)(1).
    (b) Phaseout. (1) Beginning [DATE 2 YEARS AND 6 MONTHS AFTER DATE
OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], each
manufacturer of HFC-134a who processes TCE as an intermediate is not
permitted to process TCE as an intermediate at an annual volume greater
than 75 percent of the baseline.
    (2) Beginning [DATE 4 YEARS AND 6 MONTHS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], each manufacturer of HFC-
134a who processes TCE as an intermediate is not permitted to processes
TCE as an intermediate at an annual volume greater than 50 percent of
the baseline.
    (3) Beginning [DATE 6 YEARS AND 6 MONTHS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], each manufacturer of HFC-
134a who processes TCE as an intermediate is not permitted to processes
TCE as an intermediate at an annual volume greater than 25 percent of
the baseline so established.
    (4) Beginning [DATE 8 YEARS AND 6 MONTHS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], each manufacturer of HFC-
134a who processes TCE as an intermediate is prohibited from processing
TCE as an intermediate.
    (c) Workplace chemical protection program. All persons using TCE in
accordance with this section must comply with Sec.  751.311.

Sec.  751.309  Phaseout of trichloroethylene use in vapor degreasing
for booster rocket nozzles.

    (a) In accordance with Sec.  751.305(b)(9), until [DATE 5 YEARS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER],
TCE may be manufactured (including imported), processed, distributed in
commerce, and used as a solvent in closed-loop batch vapor degreasing
for rayon fabric scouring for end use in rocket booster nozzle
production by Federal agencies and their contractors.
    (b) From [DATE 5 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER] until [DATE 10 YEARS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], TCE may only be
manufactured (including imported), processed, distributed in commerce,
and used as a solvent in closed-loop batch vapor degreasing for rayon
fabric scouring, for end use in rocket booster nozzle production by
Federal agencies and their contractors by persons who maintain records
demonstrating that a final pre-launch test of rocket booster nozzles
without using TCE was completed.
    (c) All persons using TCE in accordance with this section must
comply with Sec.  751.311.

Sec.  751.311  Workplace chemical protection program.

    (a) Applicability. The provisions of this section apply to
workplaces engaged in the following conditions of use of TCE that are
allowed to temporarily continue past one year, in accordance with Sec.
751.305(b)(4) through (13), Sec.  751.307, and Sec.  751.309:
    (1) Manufacturing (domestic manufacture);
    (2) Manufacturing (import);
    (3) Processing as a reactant/intermediate;
    (4) Processing into formulation, mixture or reaction product;
    (5) Processing (repackaging);
    (6) Processing (recycling);
    (7) Industrial and commercial use as a processing aid in process
solvent used in battery manufacture; process solvent used in polymer
fiber spinning, fluoroelastomer manufacture and Alcantara manufacture;
extraction solvent used in caprolactam manufacture; precipitant used in
beta-cyclodextrin manufacture;
    (8) Industrial and commercial use in other miscellaneous industrial
and commercial uses (laboratory use for essential laboratory
activities);
    (9) Industrial and commercial use of TCE as a solvent in closed-
loop batch vapor degreasing for rayon fabric scouring for end use in
rocket booster nozzle production by Federal agencies and their
contractors;
    (10) Disposal of TCE to industrial pre-treatment, industrial
treatment, or publicly owned treatment works for the purposes of
cleanup projects of TCE-contaminated water and groundwater;
    (11) Industrial and commercial use of TCE for DoD naval vessels and
their systems, and in the maintenance, fabrication, and sustainment for
and of such vessels and systems; as potting compounds for naval
electronic systems and equipment; sealing compounds for high and ultra
high vacuum systems; bonding compounds for materials testing and
maintenance of underwater systems and bonding of nonmetallic materials;
and cleaning requirements (which includes degreasing using wipes,
sprays, solvents and vapor degreasing) for: materials and components
required for military ordnance testing; temporary resin repairs in
vessel spaces where welding is not authorized; ensuring polyurethane
adhesion for electronic systems and equipment repair and installation
of elastomeric materials; various naval combat systems, radars,
sensors, equipment; fabrication and prototyping processes to remove
coolant and other residue from machine parts; machined part
fabrications for naval systems; installation of topside rubber tile
material aboard vessels; and vapor degreasing required for substrate
surface preparation prior to electroplating processes; and
    (12) Industrial and commercial use of TCE as a solvent in closed-
loop vapor degreasing necessary for human-rated rocket engine cleaning
by NASA and its contractors.
    (b) Existing chemical exposure limit (ECEL). (1) Applicability. The
provisions of this paragraph (b) apply to any workplace engaged in the
conditions of use listed in paragraphs (a)(1) through (9) of this
section.
    (2) ECEL. Beginning [DATE 9 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], or beginning 4 months after
introduction of TCE into the workplace if TCE use commences after [DATE
6 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], the owner or operator must ensure to the extent possible
that no person is exposed to an airborne

concentration of TCE in excess of 1.1 parts of TCE per billion parts of
air (0.0011 ppm) as an eight (8)-hour TWA, in accordance with the
requirements of paragraph (c) of this section and, if necessary,
paragraph (e) of this section:
    (3) Exposure monitoring--(i) General. (A) Owners or operators must
determine each potentially exposed person's exposure by either:
    (1) Taking a personal breathing zone air sample of each potentially
exposed person's exposure; or
    (2) Taking personal breathing zone air samples that are
representative of the 8-hour TWA of each person whose exposure must be
monitored.
    (B) Representative 8-hour TWA exposures must be determined on the
basis of one or more full-shift exposure of at least one person that
represents, and does not underestimate, the potential exposure of every
person in each exposure group and that represents the highest TCE
exposures likely to occur under reasonably foreseeable conditions of
use.
    (C) Exposure samples must be analyzed using an appropriate
analytical method by a laboratory that complies with the Good
Laboratory Practice Standards in 40 CFR part 792.
    (D) Owners or operators must ensure that methods used to perform
exposure monitoring produce results that are accurate, to a confidence
level of 95 percent, to within plus or minus 25 percent for airborne
concentrations of TCE.
    (ii) Initial monitoring. (A) Each owner or operator who has a
workplace or work operation covered by this section, except as provided
for in paragraph (b)(3)(ii)(B) of this section, must perform initial
monitoring of potentially exposed persons regularly working in areas
where TCE is present.
    (B) The initial monitoring required in paragraph (b)(3)(ii)(A) of
this section must be completed by [DATE 6 MONTHS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] or within 30
days of introduction of TCE into the workplace, whichever is later.
Where the owner or operator has monitoring within five years prior to
[DATE 2 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER] and the monitoring satisfies all other requirements
of this section, the owner or operator may rely on such earlier
monitoring results to satisfy the requirements of paragraph
(b)(3)(ii)(A) of this section.
    (iii) Periodic monitoring. The owner or operator must establish an
exposure monitoring program for periodic monitoring of exposure to TCE
in accordance with Table 1 to this paragraph (b)(3)(iii).

   Table 1 to Paragraph (b)(3)(iii)--Periodic Monitoring Requirements
------------------------------------------------------------------------
      Air concentration condition        Periodic monitoring requirement
------------------------------------------------------------------------
If all initial exposure monitoring is    Periodic exposure monitoring is
 below the ECEL action level (<0.00055    required at least once every 5
 ppm 8-hour TWA).                         years.
If the initial or most recent exposure   Periodic exposure monitoring is
 monitoring indicates that airborne       required within 3 months of
 exposure is above the ECEL (>0.0011      the most recent exposure
 ppm 8-hour TWA).                         monitoring.
If the initial or most recent exposure   Periodic exposure monitoring is
 monitoring indicates that airborne       required within 6 months of
 exposure is at or above the ECEL         the most recent exposure
 action level but at or below the ECEL    monitoring.
 (>=0.00055 ppm 8-hour TWA, <=0.0011
 ppm 8-hour TWA).
If the two most recent (non-initial)     Periodic exposure monitoring is
 exposure monitoring measurements,        required within 5 years of the
 taken at least seven days apart,         most recent exposure
 indicate that airborne exposure is       monitoring.
 below the ECEL action level (<0.00055
 ppm 8-hour TWA).
If the owner or operator engages in a    The owner or operator may forgo
 condition of use for which compliance    its current periodic
 with the WCPP would be required but      monitoring event. However,
 does not manufacture, process, use, or   documentation of cessation of
 dispose of TCE in that condition of      use of TCE as well as periodic
 use over the entirety of time since      monitoring would be required
 the last required monitoring event.      when the owner or operator
                                          resumes any of the conditions
                                          of use for which compliance
                                          with the WCPP is proposed.
------------------------------------------------------------------------

    (iv) Additional monitoring. (A) The owner or operator must conduct
additional initial exposure monitoring whenever there has been a change
in the production, process, control equipment, personnel or work
practices that may reasonably be expected to result in new or
additional exposures above the ECEL action level or when the owner or
operator has any reason to believe that new or additional exposures
above the ECEL action level have occurred.
    (B) Whenever start-ups, shutdown, spills, leaks, ruptures, or other
breakdowns occur that may lead to exposure to potentially exposed
persons, the owner or operator must conduct additional initial exposure
monitoring (using personal breathing zone sampling) after the cleanup
of the spill or repair of the leak, rupture, or other breakdown.
    (v) Notification of monitoring results. (A) The owner or operator
must inform persons whose exposures are represented by the monitoring
of the monitoring results within 15 working days.
    (B) This notification must include the following:
    (1) Exposure monitoring method(s) and results;
    (2) Identification and explanation of the ECEL and ECEL action
level in plain language;
    (3) Any corresponding required respiratory protection as described
in paragraph (e) of this section;
    (4) Descriptions of actions taken by the regulated entity to reduce
exposure to or below the ECEL;
    (5) Quantity of TCE in use;
    (6) Location of TCE use;
    (7) Manner of TCE use;
    (8) Identified releases of TCE; and
    (9) Whether the airborne concentration of TCE exceeds the ECEL.
    (C) Notice must be provided in plain language writing, in a
language that the person understands, to each potentially exposed
person or posted in an appropriate and accessible location outside the
regulated area with an English-language version and a non-English
language version representing the language of the largest group of
workers who do not read English.
    (4) Regulated areas. (i) Beginning [DATE 9 MONTHS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], beginning 4
months after introduction of trichloroethylene into the workplace if
trichloroethylene use commences after [DATE 6 MONTHS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], owners or
operators must establish a regulated

area wherever any person's exposure to airborne concentrations of TCE
exceeds or can reasonably be expected to exceed the ECEL.
    (ii) The owner or operator must limit access to regulated areas to
authorized persons.
    (iii) The owner or operator must demarcate regulated areas from the
rest of the workplace in a manner that adequately establishes and
alerts persons to the boundaries of the area and minimizes the number
of authorized persons exposed to TCE within the regulated area.
    (iv) The owner or operator must supply a respirator that complies
with the requirements of paragraph (e) of this section and must ensure
that all persons within the regulated area are using the provided
respirators whenever TCE exposures may exceed the ECEL.
    (v) An owner or operator who has implemented all feasible
engineering, work practice and administrative controls as required in
paragraph (c)(1)(i) of this section, and who has established a
regulated area as required by paragraph (b)(4)(i) of this section where
TCE exposure exceeds or can reasonably be expected to exceed the ECEL
only on certain days (for example, because of work or process schedule)
must have persons use respirators in that regulated area on those days.
    (vi) The owner or operator must ensure that, within a regulated
area, persons do not engage in non-work activities which may increase
TCE exposure.
    (vii) The owner or operator must ensure that while persons are
wearing respirators in the regulated area, they do not engage in
activities which interfere with respirator seal or performance.
    (c) ECEL control procedures and plan--(1) Methods of compliance.
The owner or operator must institute one or a combination of
elimination, substitution, engineering controls or administrative
controls to reduce exposure to or below the ECEL except to the extent
that the owner or operator can demonstrate that such controls are not
feasible as an interim measure. Wherever the feasible exposure
controls, including one or a combination of elimination, substitution,
engineering controls or administrative controls, which can be
instituted are not sufficient to reduce exposure at or below the ECEL,
the owner or operator must use them to reduce exposure to the lowest
levels achievable by these controls and must supplement them by the use
of respiratory protection that complies with the requirements of
paragraph (e) of this section. Where an owner or operator cannot
demonstrate exposure below the ECEL or exposure at the lowest
achievable level for the facility, including through the use of
engineering controls or work practices, and has not demonstrated that
it has supplemented feasible exposure controls with respiratory
protection, this will constitute a failure to comply with the ECEL. The
owner or operator must maintain the effectiveness of engineering
controls or administrative controls instituted under paragraph
(d)(1)(i)(A) of this section. The owner or operator must not implement
a schedule of personnel rotation as a means of compliance with the
ECEL. The owner or operator must document their exposure control
strategy and implementation in an exposure control plan in accordance
with paragraph (d)(2) of this section.
    (2) Exposure control plan requirements. If any monitoring conducted
in accordance with paragraph (b)(3) of this section shows worker
exposures at or above the ECEL action level in the workplace, the owner
or operator, within [DATE 12 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], must include and document in an
exposure control plan the following:
    (i) Identification and rationale of exposure controls used or not
used as a time-limited measure in the following sequence: elimination
of TCE, substitution of TCE, engineering controls and administrative
controls to reduce exposures in the workplace to either at or below the
ECEL or to the lowest achievable level of TCE in the workplace;
    (ii) The exposure controls selected based on feasibility,
effectiveness, and other relevant considerations;
    (iii) If exposure controls were not selected, document the efforts
identifying why these are not feasible, not effective, or otherwise not
implemented;
    (iv) Actions taken to implement exposure controls selected,
including proper installation, maintenance, training or other steps
taken;
    (v) Description of any regulated area and how it is demarcated, and
identification of authorized persons; and description of when the owner
or operator expects exposures may be likely to exceed the ECEL or
lowest achievable exposure level;
    (vi) Identification of the lowest achievable exposure level and why
further reductions are not possible;
    (vii) Regular inspections, evaluations, and updating of the
exposure controls to ensure effectiveness and confirmation that all
persons are implementing them as required until the prohibition
compliance date;
    (viii) Occurrence and duration of any start-up, shutdown, or
malfunction of the facility that causes air concentrations to be above
the ECEL or lowest achievable exposure level and subsequent corrective
actions taken during start-up, shutdown, or malfunctions to mitigate
exposures to TCE; and
    (ix) Availability of the exposure control plan and associated
records for potentially exposed persons.
    (d) Workplace information and training. (1) The owner or operator
must provide information and training for each person prior to or at
the time of initial assignment to a job involving potential exposure to
TCE.
    (2) The owner or operator must ensure that information and training
is presented in a manner that is understandable to each person required
to be trained.
    (3) The following information and training must be provided to all
persons assigned to a job involving potential exposure to TCE:
    (i) The requirements of this section, as well as how to access or
obtain a copy of these requirements in the workplace;
    (ii) The quantity, location, manner of use, release, and storage of
TCE and the specific operations in the workplace that could result in
exposure to TCE, particularly noting where exposures may be above the
ECEL;
    (iii) Methods and observations that may be used to detect the
presence or release of TCE in the workplace (such as monitoring
conducted by the owner or operator, continuous monitoring devices,
visual appearance or odor of TCE when being released, etc.);
    (iv) The health hazards of TCE in the workplace; and
    (v) The principles of safe use and handling of TCE and measures
potentially exposed persons can take to protect themselves from TCE,
including specific procedures the owner or operator has implemented to
protect potentially exposed persons from exposure to TCE, such as
appropriate work practices, emergency procedures, and personal
protective equipment to be used.
    (4) The owner or operator must re-train each potentially exposed
person annually to ensure that each such person maintains the requisite
understanding of the principles of safe use and handling of TCE in the
workplace.
    (5) Whenever there are workplace changes, such as modifications of
tasks or procedures or the institution of new tasks or procedures,
which increase

exposure, and where those exposures exceed or can reasonably be
expected to exceed the ECEL action level, the owner or operator must
update the training as necessary to ensure that each potentially
exposed person has the requisite proficiency.
    (e) Personal protective equipment (PPE)--(1) Applicability. The
provisions of this paragraph (e) apply to any owner or operator that is
required to provide respiratory protection or dermal protection
pursuant to paragraphs (c)(1) and (d) of this section.
    (2) Selection. PPE, including respiratory and dermal protection,
that is of safe design and construction for the work to be performed
must be provided, used, and maintained in a sanitary, reliable, and
undamaged condition. Owners and operators must select PPE that properly
fits each affected person and communicate PPE selections to each
affected person.
    (3) Respiratory protection. (i) After 3 months of receipt of any
exposure monitoring or within [DATE 9 MONTHS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], the owner or operators must
supply a respirator, selected in accordance with this paragraph, to
each person who enters a regulated area and must ensure that all
persons within the regulated area are using the provided respirators
whenever TCE exposures may exceed the ECEL.
    (ii) Owners or operators must provide respiratory protection in
accordance with the provisions outlined in 29 CFR 1910.134(a) through
(l) (except (d)(1)(iii)) and as specified in this paragraph for persons
exposed or who may be expose to TCE in concentrations above the ECEL.
For the purpose of this paragraph (e), the maximum use concentration
(MUC) as used in 29 CFR 1910.134 must be calculated by multiplying the
assigned protection factor (APF) specified for a respirator by the
ECEL. For the purposes of this paragraph (e), provisions in 29 CFR
1910.134(a) through (l) (except (d)(1)(iii)) applying to an
``employee'' also apply equally to potentially exposed persons, and
provisions applying to an ``employer'' also apply equally to owners or
operators.
    (iii) Owners or operators must select and provide to persons
appropriate respirators as indicated by the most recent monitoring
results, as follows:
    (A) If the measured exposure concentration is at or below 0.0011
ppm (1.1 ppb): no respiratory protection is required.
    (B) If the measured exposure concentration is above 0.0011 ppm (1.1
ppb) and less than or equal to 0.0055 ppm (5.5 ppb) (5 times ECEL): Any
National Institute for Occupational Safety and Health (NIOSH)-certified
air-purifying quarter mask respirator (APF 5).
    (C) If the measured exposure concentration is above 0.0055 ppm (5.5
ppb) and less than or equal to 0.011 ppm (110 ppb) (10 times ECEL): Any
NIOSH-certified air-purifying half mask or full facepiece respirator
equipped with NIOSH-approved organic vapor cartridges or canisters (APF
10).
    (D) If the measured exposure concentration is above 0.011 ppm (11.0
ppb) and less than or equal to 0.0275 ppm (27.5 ppb) (25 times ECEL):
Any NIOSH-certified air-purifying full facepiece respirator equipped
with NIOSH-approved organic vapor cartridges or canisters; any NIOSH-
certified powered air-purifying respirator equipped with NIOSH-approved
organic vapor cartridges; or any NIOSH-certified continuous flow
supplied air respirator equipped with a hood or helmet (APF 25).
    (E) If the measured exposure concentration is above 0.0275 ppm
(27.5 ppb) and less than or equal to 0.055 ppm (55.0 ppb) (50 times
ECEL): Any NIOSH-certified air-purifying full facepiece respirator
equipped with NIOSH-approved organic vapor cartridges or canisters; or
any NIOSH-certified powered air-purifying respirator equipped with a
tight-fitting half facepiece and a NIOSH-approved organic vapor
cartridges or canisters; any NIOSH-certified negative pressure (demand
mode) supplied-air respirator equipped with a full facepiece; any
NIOSH-certified continuous flow supplied-air respirator equipped with a
tight-fitting half facepiece; any NIOSH-certified supplied air
respirator equipped with a half facepiece and operated in a pressure
demand or other positive pressure mode; or any NIOSH-certified negative
pressure (demand mode) self-contained breathing apparatus respirator
equipped with a full facepiece (APF 50).
    (F) If the measured exposure concentration is above 0.055 ppm (55.0
ppb) and less than or equal to 1.1 ppm (1,100 ppb) (1,000 times ECEL):
Any NIOSH-certified powered air-purifying respirator equipped with a
full facepiece and NIOSH-approved organic vapor cartridges or
canisters; any NIOSH-certified supplied air respirator equipped with a
full facepiece and operated in a continuous flow mode or pressure
demand or other positive pressure mode (APF 1,000).
    (G) If the measured exposure concentration is greater than 1.1 ppm
(1,100 ppb) (1,000 times ECEL) or the concentration is unknown: Any
NIOSH-certified self-contained breathing apparatus equipped with a full
facepiece and operated in a pressure demand or other positive pressure
mode; or any NIOSH-certified supplied air respirator equipped with a
full facepiece and operated in a pressure demand or other positive
pressure mode in combination with an auxiliary self-contained breathing
apparatus operated in a pressure demand or other positive pressure mode
(APF 10,000).
    (iv) The respiratory protection requirements in this paragraph
represent the minimum respiratory protection requirements, such that
any respirator affording a higher degree of protection than the
required respirator may be used.
    (v) When a person whose job requires the use of a respirator cannot
use a negative-pressure respirator, the owner or operator must provide
that person with a respirator that has less breathing resistance than
the negative-pressure respirator, such as a powered air-purifying
respirator or supplied-air respirator, when the person is able to use
it and if it provides the person with adequate protection.
    (vi) Owners or operators must document the notice to and ability of
any potentially exposed person to access the exposure control plan and
other associated records.
    (4) Dermal protection. The owner or operator must supply and
require the donning of gloves that are chemically resistant to TCE with
activity-specific training where dermal contact with TCE is possible,
after application of the requirements in paragraph (e) of this section,
in accordance with the hierarchy of controls.
    (5) PPE training. (i) Owners and operators must provide PPE
training in accordance with 29 CFR 1910.132(f) to all persons required
to use PPE prior to or at the time of initial assignment to a job
involving potential exposure to TCE. For the purposes of this paragraph
(e)(5)(i), provisions in 29 CFR 1910.132(f) applying to an ``employee''
also apply equally to potentially exposed persons, and provisions
applying to an ``employer'' also apply equally to owners or operators.
    (ii) Owners and operators must retrain each potentially exposed
person required to use PPE annually or whenever the owner or operator
has reason to believe that a previously trained person does not have
the required understanding and skill to properly use PPE, or when
changes in the workplace or in PPE to be used render the previous
training obsolete.

Sec.  751.313  Downstream notification.

    (a) Beginning on [DATE 2 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], each person who manufactures
(including imports) TCE for any use must, prior to or concurrent with
the shipment, notify companies to whom TCE is shipped, in writing, of
the restrictions described in this subpart in accordance with paragraph
(c) of this section.
    (b) Beginning on [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], each person who processes or
distributes in commerce TCE or any TCE-containing products for any use
must, prior to or concurrent with the shipment, notify companies to
whom TCE is shipped, in writing, of the restrictions described in this
subpart in accordance with paragraph (c) of this section.
    (c) The notification required under paragraphs (a) and (b) of this
section must occur by inserting the following text in section 1(c) and
15 of the Safety Data Sheet (SDS) provided with the TCE or with any
TCE-containing product:
    After [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER], this chemical/product is and can only be
distributed in commerce or processed for the following purposes until
the following prohibitions take effect: (1) Processing as an
intermediate; a) for the manufacture of HFC-134a until [DATE 8.5 YEARS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] and b)
for all other processing as a reactant/intermediate until [DATE 2 YEARS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER];
(2) Industrial and commercial use as a solvent for open-top batch vapor
degreasing until [DATE 1 YEAR AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER]; (3) Industrial and commercial use as a
solvent for closed-loop batch vapor degreasing until [DATE 1 YEAR AFTER
DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], except
for industrial and commercial use as a solvent for closed-loop batch
vapor degreasing necessary for human-rated rocket engine cleaning by
NASA and its contractors until [DATE 7 YEARS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], and except for industrial
and commercial use as a solvent for closed-loop batch vapor degreasing
for rayon fabric scouring for end use in rocket booster nozzle
production by Federal agencies and their contractors until [DATE 10
YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER]; (4) Industrial and commercial use as a processing aid in: a)
battery separator manufacturing until [DATE 10 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] and b) process
solvent used in polymer fiber spinning, fluoroelastomer manufacture and
Alcantara manufacture; extraction solvent used in caprolactam
manufacture; precipitant used in beta-cyclodextrin manufacture until
[DATE 2 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER]; (5) Industrial and commercial uses for DoD naval
vessels and their systems, and in the maintenance, fabrication, and
sustainment for and of such vessels and systems until [DATE 10 YEARS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER];
and (6) Industrial and commercial use for laboratory use for essential
laboratory activities until [DATE 50 YEARS AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER].

Sec.  751.315  Recordkeeping requirements.

    (a) General records. After [DATE 60 DAYS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], all persons who
manufacture, process, distribute in commerce, or engage in industrial
or commercial use of TCE or TCE-containing products must maintain
ordinary business records, such as invoices and bills-of-lading related
to compliance with the prohibitions, restrictions, and other provisions
of this subpart.
    (b) Workplace chemical protection program compliance--(1) ECEL
exposure monitoring. For each monitoring event of TCE, owners or
operators subject to the ECEL described in Sec.  751.311(b) must
document the following:
    (i) Dates, duration, and results of each sample taken;
    (ii) All measurements that may be necessary to determine the
conditions that may affect the monitoring results;
    (iii) Identification of all persons represented by the
representative sampling monitoring, indicating which persons were
actually monitored;
    (iv) Name, workplace address, work shift, job classification, and
work area of the person monitored; documentation of all potentially
exposed persons whose exposures the monitoring is intended to represent
if using a representative sample; and type of respiratory protective
device worn by the monitored person, if any;
    (v) Use of appropriate sampling and analytical methods, such as
analytical methods already approved by EPA, Occupational Safety and
Health Administration (OSHA) or NIOSH, or compliance with an analytical
method verification procedure;
    (vi) Compliance with the Good Laboratory Practice Standards in
accordance with 40 CFR part 792; and
    (vii) Information regarding air monitoring equipment, including:
type, maintenance, calibrations, performance tests, limits of
detection, and any malfunctions.
    (2) ECEL compliance. Owners or operators subject to the ECEL
described in Sec.  751.311(b) must retain records of:
    (i) Exposure control plan as described in Sec.  751.311(d)(2);
    (ii) Facility exposure monitoring records;
    (iii) Notifications of exposure monitoring results;
    (iv) The name, workplace address, work shift, job classification,
work area and respiratory protection used by each potentially exposed
person and PPE program implementation, as described in Sec.
751.311(e), including fit-testing and training; and
    (v) Information and training provided by the regulated entity to
each person prior described in paragraph Sec.  751.311(d) and (e).
    (c) Records related to Sec.  751.317 exemptions. To maintain
eligibility for an exemption described in Sec.  751.317, owners or
operators must maintain records demonstrating compliance with the
specific conditions of the exemption.
    (d) Records related to Sec. Sec.  751.307 and 751.309 phaseouts.
(1) Each manufacturer of HFC-134a who uses TCE as an intermediate must
maintain records of the annual quantity of TCE purchased and processed
from the year 2023 until the termination of all processing of TCE as an
intermediate.
    (2) Each person using TCE under Sec.  751.309 for industrial and
commercial use as a solvent for closed-loop batch vapor degreasing for
rayon fabric scouring for end use in rocket booster nozzle production
by Federal agencies and their contractors, must maintain records
demonstrating that the end use is in rocket booster nozzle production
for Federal agencies and their contractors.
    (3) After [DATE 5 YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER],

each person using TCE under Sec.  751.309 for industrial and commercial
use as a solvent for closed-loop batch vapor degreasing, specifically
for rayon fabric scouring, must maintain records that demonstrate that
a final pre-launch test of rocket booster nozzles without using TCE was
completed.
    (e) Minimum record retention periods. (1) The records required
under paragraphs (a) through (c) of this section must be retained for
at least 5 years from the date that such records were generated.
    (2) The records required under paragraph (d) of this section must
be retained for at least 5 years after the use of TCE has ceased.

Sec.  751.317  Exemptions.

    (a) In general. (1) The time-limited exemptions established in
Sec.  751.305(b)(12) and (13) are established in accordance with 15
U.S.C. 2605(g).
    (2) In order to be eligible for the exemptions, regulated parties
must comply with all conditions established for such exemptions in
accordance with 15 U.S.C. 2605(g)(4).
    (b) Exemptions under 15 U.S.C. 2605(g)(1)(A). (1) Laboratory use
for essential laboratory activities until [DATE 50 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. The following
are specific conditions of the exemption for laboratory use at Sec.
751.305(b)(13):
    (i) The industrial and commercial use of TCE as a laboratory
chemical must only be for the following:
    (A) Essential laboratory activities, including chemical analysis,
chemical synthesis, extracting or purifying other chemicals, dissolving
other substances, and research and development for the advancement of
cleanup activities and analytical methods for monitoring related to TCE
contamination or exposure monitoring.
    (B) Federal agencies and their contractors conducting research and
development activities and test and evaluation method activities, other
than those described in paragraph (b)(1)(i)(A) of this section, and
similar laboratory activities, provided the use is essential to the
agency's mission.
    (ii) TCE must not be used as a laboratory chemical for testing
asphalt.
    (iii) The use of TCE as a laboratory chemical must be performed on
the premises of industrial or commercial laboratories.
    (iv) The owner or operator of the location where such use of TCE
occurs, and manufacturers (including importers) and processors of TCE
for such use, must comply with the Workplace Chemical Protection
Program provisions in Sec.  751.311.
    (v) The owner or operator of the location where such use of TCE
occurs must comply with the recordkeeping requirements in Sec.
751.315.
    (2) Disposal of TCE to industrial pre-treatment, industrial
treatment, or publicly owned treatment works for the purposes of
cleanup projects of TCE-contaminated water and groundwater until [DATE
50 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER]. The following are specific conditions of the exemption for
disposal at Sec.  751.305(b)(15):
    (i) The disposal of TCE to industrial pre-treatment, industrial
treatment, or publicly owned treatment works must only be for the
purposes of cleanup projects of TCE-contaminated water and groundwater.
The disposal of TCE to industrial pre-treatment, industrial treatment,
or publicly owned treatment works is limited to only sites undergoing
remediation under CERCLA, RCRA, or other Federal, state, and local
government laws, regulations, or requirements.
    (ii) The owner or operator of the location where workers are
handling TCE wastewater, and owners or operators of facilities where
TCE is disposed to industrial pre-treatment, industrial treatment, or
publicly owned treatment works, must comply with the Workplace Chemical
Protection Program provisions in Sec.  751.311.
    (iii) The owner or operator of the location where such use of TCE
occurs must comply with the recordkeeping requirements in Sec.
751.315.
    (3) Use of TCE or TCE-containing products for the specific
conditions of use identified in paragraph (b)(3)(i) of this section in
an emergency by the National Aeronautics and Space Administration
(NASA) and its contractors operating within the scope of their
contracted work until [DATE 10 YEARS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER].
    (i) Applicability. The emergency use exemption described in this
paragraph (b)(3) applies to the following specific conditions of use as
described in paragraph (b)(3)(i)(A) of this section.
    (A) Conditions of use subject to this exemption--(1) Industrial and
commercial use as solvent for open-top or closed-loop batch vapor
degreasing.
    (2) Industrial and commercial use as solvent for cold cleaning.
    (3) Industrial and commercial use as a solvent for aerosol spray
degreaser/cleaner and mold release.
    (4) Industrial and commercial use as a lubricant and grease in tap
and die fluid.
    (5) Industrial and commercial use as a lubricant and grease in
penetrating lubricant.
    (6) Industrial and commercial use as an adhesive and sealant in
solvent-based adhesives and sealants.
    (7) Industrial and commercial as a functional fluid in heat
exchange fluid.
    (8) Industrial and commercial use in corrosion inhibitors and anti-
scaling agents.
    (9) Industrial and commercial use of TCE as a processing aid.
    (B) Emergency use--(1) In general. An emergency is a serious and
sudden situation requiring immediate action, within 15 days or less,
necessary to protect:
    (i) Safety of NASA's or their contractors' personnel;
    (ii) NASA's missions;
    (iii) Human health, safety, or property, including that of adjacent
communities; or
    (iv) The environment.
    (2) Duration. Each emergency is a separate situation; if use of TCE
exceeds 15 days, then justification must be documented.
    (3) Eligibility. To be eligible for the exemption, the NASA and its
contractors must:
    (i) Select TCE because there are no technically and economically
feasible safer alternatives available during the emergency.
    (ii) Perform the emergency use of TCE at locations controlled by
NASA or its contractors.
    (ii) Requirements. To be eligible for the emergency use exemption
described in this paragraph (b)(3), the NASA and its contractors must
comply with the following conditions:
    (A) Notification. Within 15 working days of the emergency use by
NASA and its contractors, NASA must provide notice to EPA that includes
the following:
    (1) Identification of the conditions of use detailed in paragraph
(b)(3)(i)(A) of this section that the emergency use fell under;
    (2) An explanation for why the emergency use met the definition of
emergency in paragraph (b)(3)(i)(B) of this section; and
    (3) An explanation of why TCE was selected, including why there
were no technically and economically feasible safer alternatives
available in the particular emergency.
    (B) Exposure control. The owner or operator must comply with the
Workplace Chemical Protection Program provisions in Sec.  751.311, to
the extent

technically feasible in light of the particular emergency.
    (C) Recordkeeping. The owner or operator of the location where the
use takes place must comply with the recordkeeping requirements in
Sec.  751.315.
    (c) Exemptions under 15 U.S.C. 2605(g)(1)(B)--(1) Lead-acid and
lithium battery separator manufacturing until [DATE 10 YEARS AFTER DATE
OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. The
following are specific conditions of the exemption for use as a
processing aid in the manufacturing of lead-acid and lithium battery
separators at Sec.  751.305(b)(12):
    (i) The use of TCE as a processing aid for battery separator
manufacturing must be limited to lead acid or lithium battery separator
manufacturing.
    (ii) The owner or operator of the location where such use occurs,
and manufacturers (including importers) and processors of TCE for such
use, must comply with the Workplace Chemical Protection Program
provisions in Sec.  751.311.
    (iii) The owner or operator of the location where such use of TCE
occurs must comply with the recordkeeping requirements in Sec.
751.315.
    (2) Certain industrial and commercial uses of TCE for DoD naval
vessels and their systems, and in the maintenance, fabrication, and
sustainment for and of such vessels and systems until [DATE 10 YEARS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
The following are specific conditions of the exemption for industrial
and commercial uses of TCE for DoD naval vessel and their systems, and
in the maintenance, fabrication, and sustainment for and of such
vessels and systems:
    (i) The industrial and commercial use of TCE must be limited for
DoD naval vessels and their systems, and in the maintenance,
fabrication, and sustainment for and of such vessels and systems; as
potting compounds for naval electronic systems and equipment; sealing
compounds for high and ultra high vacuum systems; bonding compounds for
materials testing and maintenance of underwater systems and bonding of
nonmetallic materials; and cleaning requirements (which includes
degreasing using wipes, sprays, solvents and vapor degreasing) for:
materials and components required for military ordnance testing;
temporary resin repairs in vessel spaces where welding is not
authorized; ensuring polyurethane adhesion for electronic systems and
equipment repair and installation of elastomeric materials; various
naval combat systems, radars, sensors, equipment; fabrication and
prototyping processes to remove coolant and other residue from machine
parts; machined part fabrications for naval systems; installation of
topside rubber tile material aboard vessels; and vapor degreasing
required for substrate surface preparation prior to electroplating
processes.
    (ii) The owner or operator of the location where such use occurs,
and manufacturers (including importers) and processors of TCE for such
use, must comply with the Workplace Chemical Protection Program
provisions in Sec.  751.311.
    (iii) The owner or operator of the location where such use of TCE
occurs must comply with the recordkeeping requirements in Sec.
751.315.
    (3) Closed-loop vapor degreasing necessary for human-rated rocket
engine cleaning by NASA and its contractors until [DATE 7 YEARS AFTER
DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. The
following are specific conditions of the exemption for industrial and
commercial use of TCE as a solvent for closed-loop vapor degreasing
necessary for human-rated rocket engine cleaning by NASA and its
contractors Sec.  751.305(b)(12):
    (i) The use of TCE in industrial and commercial as a solvent for
closed-loop vapor degreasing is limited to the closed-loop vapor
degreasing necessary for human-rated rocket engine cleaning by NASA and
its contractors.
    (ii) The owner or operator of the location where such use occurs,
and manufacturers (including importers) and processors of TCE for such
use, must comply with the Workplace Chemical Protection Program
provisions in Sec.  751.311.
    (iii) The owner or operator of the location where such use of TCE
occurs, and manufacturers (including importers) and processors of TCE
for such use, must comply with the recordkeeping requirements in Sec.
751.315.

[FR Doc. 2023-23010 Filed 10-30-23; 8:45 am]
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Page 50897]
[FR Doc No: 2023-16339]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4706-DR; Docket ID FEMA-2023-0001]

Oklahoma; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4706-DR), dated April 24, 2023, and
related determinations.

DATES: This amendment was issued May 25, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include permanent work
under the Public Assistance program for those areas determined to have
been adversely affected by the event declared a major disaster by the
President in his declaration of April 24, 2023.

    McClain and Pottawatomie Counties for permanent work [Categories
C-G] (already designated for Individual Assistance and assistance
for debris removal and emergency protective measures [Categories A
and B], including direct federal assistance, under the Public
Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16339 Filed 8-1-23; 8:45 am]
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