Toxic and hazardous substances control: Premanufacture exemption approvals,

[Federal Register: May 1, 1998 (Volume 63, Number 84)]

[Notices]

[Page 24178-24179]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01my98-74]

ENVIRONMENTAL PROTECTION AGENCY

[OPPT-59365; FRL-5787-3]

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 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-98-02. The test marketing conditions are described below.

DATES: This notice becomes effective April 22, 1998. Written comments will be received until May 18, 1998.

ADDRESSES: Written comments, identified by the docket control number

[OPPT-59365] 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 Street, SW., Washington, DC 20460. (202) 554-1404, TDD (202) 554-0551.

Comments and data may also be submitted electronically by sending electronic mail (e-mail) to: oppt.ncic@epamail.epa.gov. Comments and data will also be accepted on disks in WordPerfect in 5.1/6.1 file format or ASCII file format. All comments and data in electronic form must be identified by [OPPT-59365]. No Confidential Business Information (CBI) should be submitted through e-mail. Electronic comments on this notice may be filedonline at many Federal Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Shirley Howard, New Chemicals Notice Management Branch, Chemical Control Division (7405), Office of Pollution Prevention and Toxics, Environmental Protection Agency, Rm. E-435I, 401 M St., SW., Washington, DC 20460, (202) 260-3780; e-mail: Howard.sd@epamail.epa.gov.

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-98-02. EPA had 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, including the stated use and the worker protection provisions described in the application, in the accompanying Material Safety Data Sheet, 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. ETG-102 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-98-02:

1. A bill of lading accompanying each shipment must state that the use of the substance is restricted to that approved in the TME.

2. During manufacturing, processing, and use of the substance at any site controlled by the Company, any person under the control of the Company, including employees and contractors, who may be exposed to the substance shall use a NIOSH-approved air-supplied respirator with an Assigned Protection Factor (APF) of 2,000 for those operations when the substance is handled as a liquid under heated conditions (70 deg.C or greater). This respirator shall also be required in the Material Safety Data Sheet (MSDS) that accompanies this substance to the customer.

3. The applicant must ensure that employees are provided with information and training on the TME substance. This information and training must be provided at the time of each employee's initial assignment to a work area containing the TME substance and whenever the substance is introduced into the employee's work area for the first time.

4. The Company must affix a label to each container of the substance or formulations containing the substance. The label shall include, at a minimum, the following statement:

   WARNING: Breathing of this substance may be harmful. Chemicals similar in structure to (insert appropriate name) have been found to cause lung toxicity and respiratory sensitization. To protect yourself, you must wear a NIOSH-approved air-supplied respirator with an Assigned Protection Factor (APF) of 2,000 for those

   [[Page 24179]]

   operations when the substance is handled as a liquid under heated conditions (70 deg.C or greater).

5. 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: a. Records of the quantity of the TME substance produced and the date of manufacture. b. Records of dates of the shipments to each customer and the quantities supplied in each shipment. c. Copies of the labels affixed to containers of the substance or formulations containing the substance. d. Copies of the bill of lading that accompanies each shipment of the substance. e. Copies of the written agreements with processors outside the company agreeing to comply with the same worker protection, worker training, and labeling requirements applicable to the applicant.

   T-98-02

   Date of Receipt: March 2, 1998. The extended comment periods will close (insert date 15 days after date of publication in the Federal Register).

   Applicant: IFS Industries, Inc.

   Chemical: Isocyanic acid, polymethylenepolyphenylene ester, polymer with 2,2-dimethyl-1,3-propanediol, .alpha.-hydro-.omega.- hydroxypoly[oxy(methyl-1,2-ethanediyl)], 1,3-isobenzofurandione and 1,1'-methylenebis[4-isocyanatobenzene].

   Use: Adhesive for concrete to metal assembly.

   Production Volume: 108,000 kg.

   Number of Customers: One.

   Test Marketing Period: 12 months.

   Risk Assessment: EPA identified concerns for lung toxicity and respiratory sensitization based on data on analogous chemical substances. However, the health concerns were mitigated by requiring workers potentially exposed to the TME substance via inhalation to wear a NIOSH-approved air-supplied respirator with an Assigned Protecton Factor (APF) of 2,000 for those operations when the substance is handled as a liquid under heated conditions (70 deg.C or greater). Therefore, the Agency has determined that the test market activities will not present an unreasonable risk of injury to 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 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: April 22, 1998.

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

   [FR Doc. 98-11664Filed4-30-98; 8:45 am]

   BILLING CODE 6560-50-F