[Federal Register: February 27, 2002 (Volume 67, Number 39)]
[Notices]
[Page 8972-8973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe02-89]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-59383; FRL-6825-2]
Approval of Test Marketing Exemption for a Certain New Chemical
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's approval of an application for
test marketing exemption (TME) under section 5(h)(1) of the Toxic
Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated
this application as TME-02-0006. The test marketing conditions are
described in the TME application and in this notice.
DATES: Approval of this TME is effective February 11, 2002.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Barbara Cunningham, Director, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
For technical information contact: Jamesine Rogers, New Chemicals
Notice Management Branch, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-3453; e-mail address: rogers.jamesine@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
This action is directed in particular to the chemical manufacturer
and/or importer who submitted the TME to EPA. This action may, however,
be of interest to the public in general. Since other entities may also
be interested, the Agency has not attempted to describe all the
specific entities that may be affected by this action. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
II. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-59383. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as Confidential Business Information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period, is available
for inspection in the TSCA Nonconfidential Information Center, North
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC.
The Center is open from noon to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the Center is (202)
260-7099.
III. What is the Agency's Authority for Taking this Action?
Section 5(h)(1) of TSCA and 40 CFR 720.38 authorizes EPA to exempt
persons from premanufacture notification (PMN) requirements and permit
them to manufacture or import new chemical substances for test
marketing purposes, if the Agency finds that the manufacture,
processing, distribution in commerce, use, and disposal of the
substances for test marketing purposes will not present an unreasonable
risk of injury to health or the environment. EPA may impose
restrictions on test marketing activities and may modify or revoke a
test marketing exemption upon receipt of new information which casts
significant doubt on its finding that the test marketing activity will
not present an unreasonable risk of injury.
IV. What Action is the Agency Taking?
EPA approves the above-referenced TME. EPA has determined that test
marketing the new chemical substance, under the conditions set out in
the TME application and in this notice, will not present any
unreasonable risk of injury to health or the environment.
V. What Restrictions Apply to this TME?
The test market time period, production volume, number of
customers, and use must not exceed specifications in the application
and this notice. All other conditions and restrictions described in the
application and in this notice must also be met.
TME-02-0006
Date of Receipt: December 6, 2001.
Notice of Receipt: January 17, 2002, (67 FR 2436) (FRL-6819-9).
Applicant: CBI.
Chemical: (G) Ester of a disubstituted heteropolycyclic carboxylic
acid.
Use: (G) Coating component.
Production Volume: CBI.
Number of Customers: CBI.
Test Marketing Period: 120 days, commencing on first day of
commerical manufacture.
The following additional restrictions apply to this TME. A bill of
lading accompanying each shipment must state that the use of the
substance is restricted to that approved in the TME. In addition, the
applicant shall maintain the following records until 5 years after the
date they are created, and shall make them available for inspection or
copying in accordance with section 11 of TSCA:
1. Records of the quantity of the TME substance produced and the
date of manufacture.
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2. Records of dates of the shipments to each customer and the
quantities supplied in each shipment.
3. Copies of the bill of lading that accompanies each shipment of
the TME substance.
VI. What was EPA's Risk Assessment for this TME?
EPA identified concerns for developmental toxicity, mutagenicity
and photosensitization which are attributed to phenothiazines as a
class. There is also concern for oncogenicity based upon an additional
class with which the TME substance is associated. However, production
volume is low and minimal inhalation is expected. Concern for potential
ecotoxicity is low based upon low toxicity of the TME substance.
Therefore, the test market activities will not present an unreasonable
risk of injury to human health or the environment.
VII. Can EPA Change Its Decision on this TME in the Future?
Yes. The Agency reserves the right to rescind approval or modify
the conditions and restrictions of an exemption should any new
information that comes to its attention cast significant doubt on its
finding that the test marketing activities will not present any
unreasonable risk of injury to human health or the environment.
List of Subjects
Environmental protection, Test marketing exemptions.
Dated: February 11, 2002.
Rebecca S. Cool,
Chief, New Chemicals Prenotice Management Branch, Office of Pollution
Prevention and Toxics.
[FR Doc. 02-4304 Filed 2-26-02; 8:45 am]
BILLING CODE 6560-50-S