[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Notices]
[Pages 37974-37975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15380]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-59371; FRL-6593-7]


Approval of Test Marketing Exemption for a Certain New Chemical 
With Restrictions and Comments

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-00-3. The test marketing conditions are 
described in the TME application and in this notice.

DATES: Approval of this TME is effective on June 13, 2000. Written 
comments will be received until July 5, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III of the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify the docket 
control number ``[OPPTS-59371]'', and the TME number ``[TME 00-3]'' in 
the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management, and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202 554-1404; and e-
mail address: [email protected].
    For technical information contact: Adella Watson, New Chemicals 
Notice Management Branch, Chemical Control Division (7405), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, Ariel 
Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 260-3752; and e-mail address: 
[email protected].

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 person listed in the ``FOR FURTHER INFORMATION 
CONTACT'' section.

II. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    A. 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'' 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/.
    B. In person. The Agency has established an official record for 
this action under docket control number OPPTS-59371. 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 (NCIC), 
North East Mall (NEM) 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 for the Center 
is (202) 260-7099.

III. How and to Whom Do I Submit Comments?

    Notice of receipt of this application was not published in advance 
of approval. Therefore an oppurtunity to submit comments is being 
offered at this time. You may submit comments through the mail, in 
person, or electronically. To ensure proper receipt by EPA, it is 
imperative that you identify docket control number OPPTS-59371 in the 
subject line on the first page of your response. The complete 
nonconfidential document is available in the TSCA NCIC at the above 
address in Unit II. B. between 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.
    A. By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    B. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is (202) 260-7093.
    C. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or mail your computer disk to the 
address identified above. Do not submit any information electronically 
that you consider to be CBI. Electronic comments must be submitted as 
an ASCII file avoiding the use of special characters and any form of 
encryption. Comments and data will also be accepted on standard disks 
in WordPerfect 6.1/8.1 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPPTS-59370. 
Electronic comments may also be filed online at many Federal Depository 
Libraries

IV. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be

[[Page 37975]]

disclosed except in accordance with procedures set forth in 40 CFR part 
2. In addition to one complete version of the comment that includes any 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public version of the official record. Information not marked 
confidential will be included in the public version of the official 
record without prior notice. If you have any questions about CBI or the 
procedures for claiming CBI, please consult the technical person 
identified under ``FOR FURTHER INFORMATION CONTACT.''

V. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

VI. What is the Agency's Authority for Taking this Action?

    Section 5(h)(1) of TSCA and 40 CFR 720.38 authorize 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.

VII. What Action is the Agency Taking?

    EPA has approved 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.

VIII. What Restrictions Apply to this TME?

    All conditions and restrictions described in the TME application 
and in this notice must be met. The test market time period, production 
volume, number of customers, and use must not exceed specifications in 
the application and this notice. A bill of lading accompanying each 
shipment must state that the use of the substance is restricted to that 
approved in the TME. Further restrictions are described in sections XI 
and X below.

TME-00-3.

    Date of Receipt: May 3, 2000. The extended comment period will 
close July 5, 2000.
    Applicant: Westvaco Corporation
    Chemical: Fatty acids, tall-oil, reaction products with castor oil 
and substituted amines.
    Use: asphalt emulsifier.
    Production Volume: CBI
    Number of Customers: 1
    Test Marketing Period: 12 months, commencing on first day of 
commercial manufacture.

IX. What Personal Protective Equipment is Required for this 
Chemical?

    During manufacturing, processing, and use of the substance at any 
site controlled by the applicant, any person under the control of the 
applicant, including employees and contractors, who may be dermally 
exposed to the substance shall use:
    a. Gloves determined by the applicant to be impervious to the 
substance under the substance under the conditions of exposure, 
including the duration of exposure. The applicant shall make this 
determination either by testing the gloves under the conditions of 
exposure or by evaluating the specifications provided by the 
manufacturer of the gloves. Testing or evaluation of specifications 
shall include consideration of permeability, penetration, and potential 
chemical and mechanical degradation by the PMN substance and associated 
chemical substances;
    b. Clothing which covers any other exposed areas of the arms, legs, 
and torso; and
    c. Chemical safety goggles or equivalent eye protection.

X. What Records must be kept for this TME?

    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.
    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.
    4. Records documenting compliance with the personal protective 
equipment requirements, including copies of any determination that the 
protective gloves used by the applicant are impervious to the 
substance.

XI. What was EPA's Risk Assessment for this TME?

    EPA identified no significant environmental concerns for the test 
market substance; however, human health concerns were raised for the 
substance. Specifically, Agency reviewers identified potential concerns 
for severe irritation or corrosion to the skin and eye. These concerns 
were mitigated due to the required use of appropriate personal 
protective equipment. Therefore, the test market activities will not 
present any unreasonable risk of injury to human health or the 
environment.

XII. 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: June 13, 2000.
Flora Chow,
Chief, New Chemicals Notice Management Branch, Office of Pollution 
Prevention and Toxics.
[FR Doc. 00-15380 Filed 6-16-00; 8:45 am]
BILLING CODE 6560-50-F