[
Federal
Register:
July
7,
2004
(
Volume
69,
Number
129)]
[
Notices]
[
Page
40927­
40928]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr07jy04­
90]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT­
2004­
0102;
FRL­
7368­
5]

Approval
of
Test
Marketing
Exemption
for
a
Certain
New
Chemical
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

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
04­
5.
The
test
marketing
conditions
are
described
in
the
TME
application
and
in
this
notice.

DATES:
Approval
of
this
TME
is
effective
June
29,
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:
TSCA­
Hotline@
epa.
gov.

For
technical
information
contact:
Adella
Watson,
CCD
(
7405M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001;
telephone
number:
(
202)
564­
9364;
e­
mail
address:
watson.
adella@
epa.
gov.

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
0102.
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
04­
05
Date
of
Receipt:
May
14,
2004.
Notice
of
Receipt:
June
14,
2004
(
69
FR
33015)
(
FRL­
7365­
3).
Applicant:
CBI.
Chemical:
(
G)
reaction
products
of
fatty
acids
and
hydroxy
acids.

[[
Page
40928]]

Use:
(
G)
colored
coatings
and
related
vehicles
Production
Volume:
CBI.
Number
of
Customers:
CBI.
Test
Marketing
Period:
CBI.
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
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
this
TME?

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.

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:
June
29,
2004.
Anna
Coutlakis,
Acting
Chief,
New
Chemicals
Prenotice
Management
Branch,
Office
of
Pollution
Prevention
and
Toxics.
[
FR
Doc.
04­
15351
Filed
7­
6­
04
8:
45
am]

BILLING
CODE
6560­
50­
S
