Certain Chemicals; Approval of a Test Marketing Exemption

DEPARTMENT OF DEFENSE

[OPPTS-59336; FRL-4868-2]

Certain Chemicals; Approval of a Test Marketing Exemption

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-94-10. The test marketing conditions are

described below.

EFFECTIVE DATES: May 13, 1994. Written comments will be received until

June 7, 1994.

FOR FURTHER INFORMATION CONTACT: Robert Wright, III, New Chemicals

Branch, Chemical Control Division (7405), Office of Pollution

Prevention and Toxics, Environmental Protection Agency, Rm. E-611, 401

M St. SW., Washington, D.C. 20460, (202) 260-7800.

SUPPLEMENTARY INFORMATION: Section 5(h)(1) of TSCA 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 human 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.

EPA hereby approves TME-94-10. EPA has determined that test

marketing of the new chemical substance described below, under the

conditions set out in the TME application, and for the time period and

restrictions specified below, will not present an unreasonable risk of

injury to human health or the environment. Production volume, use, and

the number of customers must not exceed that specified in the

application. All other conditions and restrictions described in the

application and in this notice must be met.

Inadvertently the notice of receipt of the application was not

published. Therefore, an opportunity to submit comments is being

offered at this time. The complete nonconfidential document is

available in the TSCA nonconfidential information center (NCIC), Rm.

NEB-607 at the above address between 12 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.

The following additional restrictions apply to TME-94-10. 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.

TME-94-10

Date of Receipt: March 28, 1994. The extended comment period will

close June 7, 1994.

Applicant: Reichhold Chemical.

Chemical: (G) Polyurethane adhesive.

Use: (G) Adhesive.

Production Volume: Confidential.

Number of Customers: Confidential.

Test Marketing Period: Confidential. Commencing on first day of

commercial manufacture.

Risk Assessment: EPA identified health concerns for lung toxicity

and lung cancer if inhaled, sensitization, irritation, and irritation

to membranes, based on data on substances structurally similar to the

TME substance. However, health concerns were mitigated because there is

expected to be negligible inhalation exposure of the TME substance to

workers, and adequate worker protection and hazard communication to

address sensitization and irritation concerns. EPA identified no

significant environmental concerns for the test market substance.

Therefore, the test market activities will not present any unreasonable

risk of injury to human health or the environment.

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 exemption.

Dated: May 13, 1994.

Charles M. Auer,

Director, Chemical Control Division, Office of Pollution Prevention and

Toxics.

[FR Doc. 94-12476 Filed 5-20-94; 8:45 am]

BILLING CODE 6560-50-F