[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Notices]
[Pages 23203-23204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9315]


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ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2004-0088; FRL-7355-9]


Approval of Test Marketing Exemption for a Certain New Chemical

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-03-0005. The test marketing conditions are 
described in the TME application and in this notice.

DATES: Approval of this TME is effective April 12, 2004.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, 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: Miriam Wiggins-Lewis, Chemical 
Control Division (CCD) (7405M), Office of Pollution Prevention and 
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-9373; 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 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.

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

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2004-0088. 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 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.

IV. 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-03-0005
    Date of Receipt: July 31, 2003.
    Notice of Receipt: August 15, 2003 (68 FR 48918) (FRL-7323-6).
    Applicant: Gardere Wynn Sewell, LLP.
    Chemical: Alkanes, C8 - C12 branched.
    Use: Component of inks and paints, cleaning solvents, and as a 
carrier for insecticides and used as a heating oil.
    Production Volume: 2,500,000 kilograms.
    Number of Customers: Ten.
    Test Marketing Period: 275 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

[[Page 23204]]

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. To address inhalation concerns, employees exposed to the TME 
substance's vapor must wear a respirator with an assigned protection 
factor (APF) of 25.

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

    EPA identified concerns for inhalation exposure based on analogs. 
However, during processing and use, vapor or mist exposure to workers 
will be prevented by us of a gas/vapor respirator with an APF of 25. 
Therefore, the test market activities will not present an unreasonable 
risk of injury to health. EPA identified no significant environmental 
concerns for the test market substance based on no releases to water.

VI. 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: April 12, 2004.
Miriam Wiggins-Lewis,
Acting Chief, New Chemicals Prenotice Management Branch, Office of 
Pollution Prevention and Toxics.
[FR Doc. 04-9315 Filed 4-27-04 8:45 am]
BILLING CODE 6560-50-S