[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32505-32506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13560]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2003-0025; FRL-7311-9]


Approval of Test Marketing Exemptions for Certain New Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of applications for test 
marketing exemptions (TMEs) under section 5(h)(1) of the Toxic 
Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated 
these applications as TME-03-02 and TME-03-03. The test marketing 
conditions are described in the TME applications and in this notice.

DATES: Approval of the TMEs is effective May 22, 2003.

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-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: David Schutz, Chemical Control 
Division, Mail Code 7405M, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington,

[[Page 32506]]

DC 20460-0001; telephone number: (202) 564-9262; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. 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.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for these 
actions under docket identification (ID) number OPPT-2003-0025. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center Reading 
Room telephone number is (202) 566-1744 and the telephone number for 
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the `` Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. 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.

III. What Action is the Agency Taking?

    EPA approves TME-03-02 and TME-03-03. 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.

IV. 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-03-02
    Date of Receipt: April 24, 2003.
    Notice of Receipt: May 20, 2003, (68 FR 27559) (FRL-7309-4).
    Applicant: Forbo Adhesives, LLC.
    Chemical: (Generic) Isocyanate functional polyester polyether 
urethane polymer.
    Use: (Generic) Hot melt polyurethane adhesive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI

    TME-03-03
    Date of Receipt: April 24, 2003.
    Notice of Receipt: May 20, 2003, (68 FR 27559) (FRL-7309-4).
    Applicant: Forbo Adhesives, LLC.
    Chemical: (Generic) Isocyanate functional polyester polyether.
    Use: (Generic) Hot melt polyurethane adhesive.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI
    The following additional restrictions apply to these TMEs. 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.

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

    EPA identified no significant health or environmental concerns for 
the test market substances. Therefore, the test market activities will 
not present any unreasonable risk of injury to human health or the 
environment.

VI. 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: May 22, 2003.
Linda Gerber,
Chief, New Chemicals Prenotice Management Branch, Office of Pollution 
Prevention and Toxics.
[FR Doc. 03-13560 Filed 5-29-03; 8:45 am]
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