Certain Chemicals; Approval of a Test Marketing Exemption

ENVIRONMENTAL PROTECTION AGENCY

[OPPT-59342; FRL-4923-8]

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-94-17. The test marketing conditions are

described below.

EFFECTIVE DATES: November 23, 1994. Written comments will be received

until December 23, 1994.

ADDRESSES: Written comments, identified by the document control number

``(OPPT-59342)'' and the specific TME number ``TME-94-17'' should be

sent to: Document Control Officer (7407), Confidential Data Branch,

Information Management Division, Office of Pollution Prevention and

Toxics, Environmental Protection Agency, Rm. E-201, 401 M St., SW.,

Washington, DC 20460, (202) 260-3552.

FOR FURTHER INFORMATION CONTACT: Vera Stubbs or Robert Wright III, New

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

Prevention and Toxics, Environmental Protection Agency, Rm. E-447, 401

M St., SW., Washington, DC 20460, (202) 260-5671 or 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 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-94-17. 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 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.

Advanced 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-94-17. 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

Company 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. The applicant must maintain records of the quantity of the TME

substance produced and the date of manufacture.

2. The applicant must maintain records of dates of the shipments

to each customer and the quantities supplied in each shipment.

3. The applicant must maintain copies of the bill of lading that

accompanies each shipment of the TME substance.

T-94-17

Date of Receipt: September 26, 1994. The extended comment period

will be close December 23, 1994.

Applicant: Oce-USA, Inc.

Chemical: (1,1'-Biphenyl)-4-ol,polymer with (polymer of 4,4'-(1-

methylethylidene)bisphenol and chloromethyl oxirane).

Use: Copier toner.

Production Volume: 50 kilograms/year.

Number of Customers: 24.

Test Marketing Period: 3 months, commencing on the first day of

nonexempt 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 and the environment.

The Agency reserves the right to rescind approval or modify the

conditions and restrictions of an exemption should any new information

come to its attention which casts significant doubt on its finding that

the test marketing activities will not present an unreasonable risk of

injury to health or the environment.

List of Subjects

Environmental protection, Test marketing exemptions.

Dated: November 23, 1994.

Paul J. Campenella,

Branch Chief, New Chemicals Branch, Office of Pollution Prevention and

Toxics.

[FR Doc. 94-30217 Filed 12-7-94; 8:45 am]

BILLING CODE 6560-50-F