97-21808. Certain Chemicals; Approval of a Test Marketing Exemption

[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Notices]
[Pages 44008-44009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21808]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPPT-59362; FRL-5735-7]


Certain Chemicals; Approval of a Test Marketing Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's approval of an application for a 
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-97-9. The test marketing conditions are 
described below.

DATES: This notice becomes effective August 8, 1997. Written comments 
will be received until September 2, 1997.
ADDRESSES: Written comments, identified by the docket number [OPPT-
59362] and the specific TME number should be sent to: TSCA 
Nonconfidential Information Center (NCIC), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. NEB-607 
(7407), 401 M St., SW., Washington, D.C. 20460, [phone], TDD 
[phone].
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [e-mail]. Comments and 
data will also be accepted on disks in WordPerfect in 5.1 file format 
or ASCII file format. All comments and data in electronic form must be 
identified by [OPPT-59362]. No Confidential Business Information (CBI) 
should be submitted through e-mail. Electronic comments on this notice 
may be filed online at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Shirley D. Howard, New Chemicals 
Notice Management Branch, Chemical Control Division (7405), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, Rm. 
E-447k, 401 M St. SW., Washington, DC 20460, [phone]. e-mail: 
[e-mail].

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-97-9. EPA has determined that test 
marketing of

[[Page 44009]]

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.
    Notice of receipt of this application was not published in advance 
of approval. Therefore, an opportunity to submit comments is being 
offered at this time. EPA may modify or revoke the test marketing 
exemptions if comments are received which cast significant doubt on its 
finding that this test marketing activity will not present an 
unreasonable risk of injury.
    The following additional restrictions apply to TME-97-9. 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 substances 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 substances.

TME-97-9

    Date of Receipt: June 27, 1997. The extended comment period will 
close September 2, 1997.
    Applicant: USR Optonix, Inc.
    Chemical: (G) Silicic Acid Magnesium Strontium Salt, Dysprosium 
Europium Doped.
    Use: (G) Pigment for wax and plastics.
    Production Volume: 10,000 kg/Year.
    Number of Customers: Two.
    Test Marketing Period: Six Months. Commencing on first day of 
commercial manufacture.
    Risk Assessment: EPA identified human health concerns for lung 
toxicity based on data on an analogous chemical substance. However 
during manufacturing and use, predicted exposure to workers is not 
expected to be significant. The TME substance is not expected to be 
toxic to aquatic organisms at the surface water concentrations 
predicted. 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 exemptions.

    Dated: August 8, 1997.

Flora Chow,
Chief, New Chemicals Notice Management Branch, Office of Pollution 
Prevention and Toxics.

[FR Doc. 97-21808 Filed 8-15-97; 8:45 am]
BILLING CODE 6560-50-F