[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Notices]
[Pages 24178-24179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11664]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-59365; FRL-5787-3]


Certain Chemicals; Approval of a Test Marketing Exemption

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-98-02. The test marketing conditions are 
described below.

DATES: This notice becomes effective April 22, 1998. Written comments 
will be received until May 18, 1998.

ADDRESSES: Written comments, identified by the docket control number 
[OPPT-59365] and the specific TME number should be sent to: TSCA 
Nonconfidential Information Center (NCIC), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. NEB-607 
(7407), 401 M Street, SW., Washington, DC 20460. (202) 554-1404, TDD 
(202) 554-0551.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Comments and 
data will also be accepted on disks in WordPerfect in 5.1/6.1 file 
format or ASCII file format. All comments and data in electronic form 
must be identified by [OPPT-59365]. No Confidential Business 
Information (CBI) should be submitted through e-mail. Electronic 
comments on this notice may be filed online at many Federal Depository 
Libraries.

FOR FURTHER INFORMATION CONTACT: Shirley Howard, New Chemicals Notice 
Management Branch, Chemical Control Division (7405), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, Rm. 
E-435I, 401 M St., SW., Washington, DC 20460, (202) 260-3780; e-mail: 
H[email protected].

SUPPLEMENTARY INFORMATION: Section 5(h)(1) of TSCA 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.
    EPA hereby approves TME-98-02. EPA had determined that test 
marketing of the new chemical substance described below, under the 
conditions set out in the TME application, and for the time period and 
restrictions specified below, will not present an unreasonable risk of 
injury to health or the environment. Production volume, use, and the 
number of customers must not exceed that specified in the application. 
All other conditions and restrictions, including the stated use and the 
worker protection provisions described in the application, in the 
accompanying Material Safety Data Sheet, and in this notice must be 
met.
    Inadvertently the notice of receipt of the application was not 
published. Therefore, an opportunity to submit comments is being 
offered at this time. The complete nonconfidential document is 
available in the TSCA nonconfidential information center (NCIC), Rm. 
ETG-102 at the above address between 12 noon and 4 p.m., Monday through 
Friday, excluding legal holidays. EPA may modify or revoke the test 
marketing exemption if comments are received which cast significant 
doubt on its finding that the test marketing activities will not 
present an unreasonable risk of injury.
    The following additional restrictions apply to TME-98-02:
    1.   A bill of lading accompanying each shipment must state that 
the use of the substance is restricted to that approved in the TME.
    2.   During manufacturing, processing, and use of the substance at 
any site controlled by the Company, any person under the control of the 
Company, including employees and contractors, who may be exposed to the 
substance shall use a NIOSH-approved air-supplied respirator with an 
Assigned Protection Factor (APF) of 2,000 for those operations when the 
substance is handled as a liquid under heated conditions (70 deg.C or 
greater). This respirator shall also be required in the Material Safety 
Data Sheet (MSDS) that accompanies this substance to the customer.
    3.   The applicant must ensure that employees are provided with 
information and training on the TME substance. This information and 
training must be provided at the time of each employee's initial 
assignment to a work area containing the TME substance and whenever the 
substance is introduced into the employee's work area for the first 
time.
    4.   The Company must affix a label to each container of the 
substance or formulations containing the substance. The label shall 
include, at a minimum, the following statement:

    WARNING: Breathing of this substance may be harmful. Chemicals 
similar in structure to (insert appropriate name) have been found to 
cause lung toxicity and respiratory sensitization. To protect 
yourself, you must wear a NIOSH-approved air-supplied respirator 
with an Assigned Protection Factor (APF) of 2,000 for those

[[Page 24179]]

operations when the substance is handled as a liquid under heated 
conditions (70 deg.C or greater).


    5.   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:
      a.   Records of the quantity of the TME substance produced and 
the date of manufacture.
      b.   Records of dates of the shipments to each customer and the 
quantities supplied in each shipment.
      c.   Copies of the labels affixed to containers of the substance 
or formulations containing the substance.
      d.   Copies of the bill of lading that accompanies each shipment 
of the substance.
      e.   Copies of the written agreements with processors outside the 
company agreeing to comply with the same worker protection, worker 
training, and labeling requirements applicable to the applicant.

T-98-02

    Date of Receipt: March 2, 1998. The extended comment periods will 
close (insert date 15 days after date of publication in the Federal 
Register).
    Applicant: IFS Industries, Inc.
    Chemical: Isocyanic acid, polymethylenepolyphenylene ester, polymer 
with 2,2-dimethyl-1,3-propanediol, .alpha.-hydro-.omega.-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 1,3-isobenzofurandione and 
1,1'-methylenebis[4-isocyanatobenzene].
    Use: Adhesive for concrete to metal assembly.
    Production Volume: 108,000 kg.
    Number of Customers: One.
    Test Marketing Period: 12 months.
    Risk Assessment: EPA identified concerns for lung toxicity and 
respiratory sensitization based on data on analogous chemical 
substances. However, the health concerns were mitigated by requiring 
workers potentially exposed to the TME substance via inhalation to wear 
a NIOSH-approved air-supplied respirator with an Assigned Protecton 
Factor (APF) of 2,000 for those operations when the substance is 
handled as a liquid under heated conditions (70 deg.C or greater). 
Therefore, the Agency has determined that the test market activities 
will not present an unreasonable risk of injury to health or the 
environment.
    The Agency reserves the right to rescind approval or modify the 
conditions and restrictions of an exemption should any new information 
come to its attention which casts significant doubt on its finding that 
the test marketing activities will not present an unreasonable risk of 
injury to health or the environment.

List of Subjects

    Environmental protection, Test marketing exemptions.

    Dated: April 22, 1998.

Flora Chow,
Chief, New Chemicals Notice Management Branch, Office of Pollution 
Prevention and Toxics.

[FR Doc. 98-11664 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-F