GREENwicH CHEMICAL CoNsuLTING, INc. 

## RECEIVED OPPT CBIC 3300 PGA BouLEVARD • SuiTE 635

PALM BEACH GARDENS, 

### FL 33410 

## 2012OCT 

## 23 AM 

## 10: 39

October22, 2012 TELEPHONE 561.578.8110 fACSIMILE 561.578.8!20 

# OCT 3 12012

CONTAINSNO CONFIDENTIAL BUSINESS INFORMATION By UPS

OPPTDocumentControl Office U.S. EnvironmentalProtectionAgency EPA EastBuilding Room E6428 1111111111111111111111111111111111111111111111111111111111111111 40130000003 1201 ConstitutionAve., NW Washington, DC 20004 Attn.: 40 CFR 799.5089 Docket ID Number: EPA-HQ-OPPT-2009-0112

Re: 

### Request for Modification of Test Schedule for Testing Conducted by the PCBTF Testing Consortium under the TSCA Section 4 Test Rule on the 

### Testingof CertainHighProduction Volume Chemicals; ThirdGroup Benzene, 1-chloro-4-( trifluoromethyl)- CAS RN 98-56-6 (para-Chlorobenzotrifluoride (PCBTF)) DocketIDNumber: EPA-HQ-OPPT-2009-0112 40 CFR799.5089

Dear Sir/Madam: On behalf of the PCBTF Testing Consortium (the Consortium), Greenwich Chemical Consulting, Inc. submits to the U.S. EnvironmentalProtection Agency (EPA or the Agency) a request for the modification of the test schedule for studies c<?nducted on the chemical 

# c CONTAINS NO CBIU.S. EnvironmentalProtectioni\gency October 22, 2012 Page 2 CONTAINS NO CONFIDENTIAL BUSINESS INFORMATION

substance, benzene, 1-chloro-4-(trifluoromethyl)- [CAS RN 98-56-6] which is currently subject to a Toxic Substances Control Act (TSCA) Section 4 test rule. 1 Forpurposes ofthis letter, the chemical substance, benzene, 1-chloro-4-(trifluoromethyl)-,is herein referred to as, 

### PCBIF. The Consortium ftles this request in accordance with this test rule and the regulations set forth at40 CFR790.55 and 799.5089. I. General Background Greenwich Chemical Consulting, Inc. (Greenwich Chemical Consulting) functions and operates as the panel manager for and authorized representative of the Consortium. Therefore, Greenwich Chemical Consulting submits this letter on behalf of the Consortium's 10 member companies identifiedbelow: 2

• BrenntagNorthAmerica, Inc. • Chemsynergy, Inc. • EMCO ChemicalDistributors, Inc. • Greenchem Industries LLC • KowaAmerican Corporation • MakhteshimAgan ofNorthAmerica, Inc. • MC International,LLC3 • Silver Fern Chemical, Inc. • Special Materials Company • UnivarUSA, Inc. This final test rule addresses 15 high production volume (HPV) chemicals that went unsponsored under the Agency's voluntary HPV Chemical Challenge Program. One ofthe 15 chemicals identified in the rule is PCBTF. The final rule identifies the following two studies on PCBTF:
• AquaticToxicityTesting: toxicity to plants (algae)) • Ready Biodegradation II. Requestfor TestSchedule Modification The deadline set forth in the TSCA Section 4 test rule requires that the test data on PCBTF be submitted to EPA by December 21, 2012 unless the Agency grants a test schedule modification. The Consortium understands that EPA will accept a schedule modification request if such a request is made in accordance with 40 CFR 790.55. Concurrent with this, theAgency stated the following in the final rule:

1 76 Fed. Reg. 65385; October21,2011. 2 See AttachmentA for the addresses ofmember companies. 3 It is noted that MC International, LLC operates the entity, Miami Chemical, Inc., as a DK-\. Forpurposes of U.S. Customs and TSC-\, MC International,LLC is the importer.CONTAINSNO CONFIDENTIAL BUSINESS INFORMATION U.S. EnvironmentalProtection :\gency October22, 2012 Page 3
A company that submits a letter of intent to test under the final rule and that subsequently anticipates difficulties in completing the testing by the deadline set forth in the final rule may submit a modification request to the Agency, pursuant to 40 CFR 790.55. EPA will determine whether modification of the test schedule is appropriate
... 4 In accordance with the requirements under 40 CFR 790.55 and EPA's comments in the final rule. the Consortiumrespectfully requests a four-month extension ofthe December21. 2012 deadline to April 21. 2013 for the two required studies on PCBTF: (1) algae aquatic toxicity and (2) biodegradation. Thebasis ofthis requestis set forth below. The principal reason for this extension request pertains to a significant delay in the initiation of biodegradation testing on PCBTF because of technical testing issues. As previously approved by the Agency, PCBTF is to be tested for biodegradability under OECD Test Guideline 301D. In late April, the laboratory advised the Consortium that because of the compound's highly stable nature- owinglargely to its carbon-fluorine bonding- a Chemical Oxygen Demand (COD) value could not be calculated using the standard dichromatic method set forth in the test guideline.5 After several discussions between the Consortium and the laboratory in May and June, EPA was subsequently advised of this COD testing issue in earlyJuly. 6 In September, the Agency responded with guidance on how to possibly address the COD issue. This guidance was immediately provided to the laboratory which, after reviewing this guidance, continued to believe that testing under OECD 301D could likely not be accomplished. In a conference call earlier this month with the Agency to address this issue with the Dr. Paul Campanella and Dr. Robert Boethling and Greenwich Chemical Consulting, EPA recommended the use ofTheoretical Oxygen Demand (ThOD) in lieu of COD. Dr. Boethling subsequently provided additional and indeed helpful comments on ThOD which were provided to the laboratory. At this time, the laboratory is reviewing EPA's ThOD comments, but is also signaling that OECD 301F may be a better alternative. In sum, the technical issues associated with biodegradation testing have significantlyprotractedthe laboratory testingprocess. Another reason, albeit minor, for this extension request pertains to the high volatility ofthe test material. In its preliminary analytical work, the laboratory has had to take additional measures to ensure thatPCBTFis notvolatilized during testing. These same measures are to be applied to the algae and biodegradation testing. The laboratory has just completed its analytical method testwork andwill soon initiate the algae testing. Overall, the high volatility ofPCBTFhas slowed the laboratory's work. The Consortiumis requesting a four-month extension (rather than a somewhat shorter one) to address the

### possibi!iry that OECD 301D may not be feasible and that OECD 301F (or

4 76 Fed. Reg. 65397. 5 During this time, the Consortiumwas still awaiting EP.\'s review ofthe study plans submitted to the Agency on February 17, 2012. 6 Electronic mail to Dr. Paul Campanella (EPA) from ;o.rr. John V
. .'\Iassingale (Greenwich Chemical Consulting) onJuly 3, 2012.U.S. EnvironmentalProtectionAgency October 22, 2012 Page 4 CONTAINSNO CONFIDENTIAL BUSINESS INFORMATION

another protocol) may be required. Ifso, this would require the submission ofa new study plan on OECD 301F to the Agency for approval

- it would likely take several weeks for EPA to review and approve such a plan. With respect to the requirements set forth at 40 CFR 790.55, The Consortium does not believe that the requested modification to the test schedule requested herein would "significandy alter the scope ofthe test[s] or significandy change the schedule for completing the test[s]" becauseit does notmeet any ofthe conditions set forth at 790.55(b)(4)(i)-(iv) and further because it does not rise to the level of"significant" in terms oftime. 7 Moreover, this alleviates EPA from having to seek public commentbefore approving these modifications. In compliance with the timing requirements set forth at 790.55(d)(1), this test schedule modification application is being made prior to the 60-day deadline for such requests. In addition, this requested four-month extension is only about one month longer than that described at 790.55(d)(3) which provides that EPA "will normally limit extensions to a period oftime equal to thein-life portion ofthe test plus 60 days." The Consortiumbelieves that a four-month extension to the test schedule to April 21, 2013 is a minor schedule modification and would not prevent the Agency from meeting its statutory obligations under TSCA Section 4 or its voluntary commitments under either the HPV Chemical Challenge Program or the OECD HPV SIDS Program. In addition, this schedule modification request does not significandy change the schedule for completing the tests as described in 790.55. 

## * * 

## *
The Consortium thanks the Agency for its consideration in this matter. For all questions, comments, and determinations concerning this matter, please use the contact information givenbelow. Mr.JohnV. Massingale Greenwich Chemical Consulting, Inc. 3300 PGA Boulevard, Suite 635 PalmBeach Gardens, FL 33410 Telephone: (561) 578-8110 Facsimile: (561) 578-8120 E-mail: john(ci!grcci.com

740 CFR790.55(b)(3).U.S. EnvironmentalProtectionAgency October 22, 2012 Page 5 

### Sincerely,
JohnV. Massingale Principal

cc: Dr. Paul Campanella- U.S. EPA PCBTFTesting Consortium CONTAINSNO CONFIDENTIAL BUSINESS INFORMATION

### View/PrintLabel 

### View/Print Label 1. Print the label: Select Print from theFile menu in this browserwindow to printthe label below. 2. Fold the printed label atthe dotted line. Place the label in a UPS Shipping Pouch. Ifyou do nothave a pouch, affix the folded label using clear plastic shippingtape overthe entire label. 3. GETTING YOUR SHIPMENTTO UPS Customers without a Daily Pickup o Take this packageto any location ofThe UPS Store :, UPS Drop Box, UPS CustomerCenter, UPS Alliances (Office Depot Ior Staples ')orAuthorized Shipping Outlet near you orvisit http://www.ups.com/content/us/en/index.jsx and select Drop Off. o Air shipments (including Worldwide Express and Expedited) can be picked up ordropped off. To schedule a pickup, orto find a drop-offlocation, selectthe Pickup or Drop-officon from the UPS tool bar. Customers with a DailyPickup o Yourdriverwill pickup your shipment(s) as usual.

FOLDHERE



### https://nexdayship.com/viewlabel.php?airbill=1 Z674YWOO190066538&carrier=UPS Page 

### 1

### of1

10/22/2012