[OPPTS-59338; FRL-4869-5]

Federal RegisterMay 27, 1994

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ENVIRONMENTAL PROTECTION AGENCY

[OPPTS-59338; FRL-4869-5]

Certain Chemicals; Approval of Test Marketing Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of an application 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

this application as TME-94-12 and TME-94-13. The test marketing

conditions are described below.

EFFECTIVE DATES: May 19, 1994. Written comments will be received until

June 13, 1994.

FOR FURTHER INFORMATION CONTACT: Audrey Binder, New Chemicals Branch,

Chemical Control Division (7405), Office of Pollution Prevention and

Toxics, Environmental Protection Agency, Rm. E-611, 401 M St., SW.,

Washington, DC 20460, (202) 260-3725.

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-94-12 and TME-94-13. 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. B-

607 Northeast Mall, 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 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.

The following additional restrictions apply to TME-94-12 and TME-

94-13. 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-94-12 and TME-94-13

Date of Receipt: April 12, 1994. The comment period will close June

13, 1994.

Applicant: Confidential.

Chemical: (G) Polyester resin.

Use: Confidential.

Production Volume: Confidential.

Number of Customers: Confidential.

Test Marketing Period: One year. Commencing on first day of

commercial manufacture.

Risk Assessment: EPA identified no significant health or

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 19, 1994.

Denise M. Keehner,

Acting Director, Chemical Control Division, Office of Pollution

Prevention and Toxics.

[FR Doc. 94-12991 Filed 5-26-94; 8:45 am]

BILLING CODE 6560-50-F

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