[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Pages 30920-30921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14485]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-59376; FRL-6787-1]


Approval of Test Marketing Exemption for a Certain New Chemical 
With Comment Period

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-01-0010. The test marketing conditions are 
described in the TME application and in this notice.

DATES: Approval of this TME is effective May 31, 2001. Written comments 
will be received until June 25, 2001.

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 docket 
control number OPPTS-59376 and the TME number TME-01-0010 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 (7401), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
[email protected].
    For technical information contact: Andrea Conrath, New Chemicals 
Prenotice Branch, Chemical Control Division (7405), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
260-2721; 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 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-59376. 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. How and to Whom Do I Submit Comments?

    The notice of receipt was published late in the 45-day review 
period; however, an opportunity 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-59376 in the subject line on 
the first page of your response. The complete nonconfidential document 
is available in the TSCA Nonconfidential Information Center at the 
address in Unit II.B. between noon and 4 p.m., Monday through Friday, 
excluding 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.
    1.  By mail. Submit your comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2.  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.
    3.  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

[[Page 30921]]

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 6.1/8.0 or ASCII file format. All 
comments in electronic form must be identified by docket control number 
OPPTS-59376. Electronic comments may also be filed online at many 
Federal Depository Libraries.

IV. How Should I Handle CBI Information 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 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 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.

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?

    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-01-0010.
    Date of Receipt: April 11, 2001.
    Notice of Receipt: May 18, 2001 (66 FR 27651) (FRL-6782-3).
    Applicant: Westvaco Corporation.
    Chemical: (G) Butyl acrylate, polymer with styrene and methylamino 
chloride compounds.
    Use: Binding agent in paper coatings.
    Production Volume: Confidential.
    Number of Customers: 8.
    Test Marketing Period: 365 days, commencing on first day of 
commercial 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.
    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.

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

    The Agency has not taken action to control exposures to or releases 
of this substance. EPA identified a concern for potential lung effects 
from inhalation exposure to workers handling this TME substance, based 
upon data for structurally similar analogs, namely high molecular 
weight polymers and cationic polymers. However, EPA decided not to 
regulate the TME substance at this time, based on mitigation of 
exposure through expected use of appropriate personal protective 
equipment, as described on the company's Material Safety Data Sheet 
(MSDS) for this chemical. EPA also identified aquatic toxicity concerns 
for this chemical, again based upon analog data as described above. 
However, this concern is mitigated as there are no releases to water 
expected, and minimal environmental releases overall. Therefore, the 
test market activities will not present an unreasonable risk of injury 
to human health or the environment.

X. 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: May 31, 2001.
Rebecca S. Cool,
Chief, New Chemicals Prenotice Branch, Office of Pollution Prevention 
and Toxics.

[FR Doc. 01-14485 Filed 6-7-01; 8:45 am]
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