[Federal Register Volume 66, Number 244 (Wednesday, December 19, 2001)]
[Notices]
[Pages 65491-65493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31248]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-59380; FRL-6816-9]


Approval of Test Marketing Exemption for Certain New Chemicals; 
With Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of applications 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 these 
applications as TME-02-01, TME-02-02, and TME-02-03. The test marketing 
conditions are described in the TME applications and in this notice.

DATES: Approval of these TMEs are effective December 12, 2001. Written 
comments will be received until January 3, 2002.

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-59380 and the TME numbers TME-02-01, TME-02-02, 
and TME-02-03 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 (7401M), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
[email protected].
    For technical information contact: Miriam Wiggins-Lewis, New 
Chemicals Prenotice Branch, Chemical Control Division (7405M), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(202) 564-9373; 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 TMEs 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?

    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,'' ``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/.
    B. In person. The Agency has established an official record for 
this action under docket control number OPPTS-59380. 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.

[[Page 65492]]

 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-59380 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 
exemptions 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 
(7407M), Office of Pollution Prevention and Toxics (OPPT), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    B. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in EPA East Building, Room 6428, 1201 Constitution 
Avenue, NW., Washington, DC 20004. 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) 564-8930.
    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 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPPTS-59380. 
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 (under TSCA 
section 5(a)(1)(A) and 40 CFR Part 720) 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 TMEs. EPA has determined that 
test marketing the new chemical substances, under the conditions set 
out in the TME applications and in this notice, will not present any 
unreasonable risk of injury to health or the environment.

VIII. What Restrictions Apply to these TMEs?

    The test market time period, production volume, number of 
customers, and use must not exceed specifications in the applications 
and this notice. All other conditions and restrictions described in the 
applications and in this notice must also be met.
    TME-02-01, TME-02-02, and TME-02-03
    Date of Receipt: October 12, 2001.
    Notice of Receipt: December 7, 2001 (66 FR 63537), (FRL-6815-6).
    Applicant: Westvaco.
    Chemical: TME-02-01: Butyl acylate, polymer with styrene and 
methylamino chloride compounds, acetic acid salt.
    TME-02-02: Butyl acylate, polymer with styrene and methylamino 
chloride compounds, lactic acid salt.
    TME-02-03: Butyl acylate, polymer with styrene and methylamino 
chloride compounds, nitric acid salt.
    Use: Binding agent in paper coatings.
    Production Volume: Confidential.
    Number of Customers: Eight.
    Test Marketing Period: 365 days, commencing on first day of 
commercial manufacture of any of these three TMEs.
    The following additional restrictions apply to these TMEs. A bill 
of lading accompanying each shipment must state that the use of these 
substances are restricted to that approved in the TMEs. 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 each 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 substances.

IX. What was EPA's Risk Assessment for these TMEs?

    EPA identified concerns for potential lung toxicity to workers and 
environmental toxicity to aquatic organisms. However, these concerns 
were adequately mitigated because of expected low exposures to workers, 
lack of releases to surface water, and reduction of aquatic toxicity in 
the presence of total organic carbon. Therefore, EPA has determined 
that these test marketing activities will not present an unreasonable 
risk of injury to human health or the environment.

[[Page 65493]]

X. Can EPA Change Its Decision on these TMEs 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: December 12, 2001.
Rebecca S. Cool,
Chief, New Chemicals Prenotice Branch, Office of Pollution Prevention 
and Toxics.
[FR Doc. 01-31248 Filed 12-18-01;8:45 am]
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