CBIC Control Number 

357098 

Bayer MaterialScience 

November 21, 2013 

By FedEx 

RECEIVED 

OPPT CBIC 

2013 PdOV 22 OP410:30 

Document Control Office (DCO) (7407M) 

Office of Pollution Control and Toxics (OPPT) 

U.S . Environmental Protection Agency (EPA) 

EPA East Building, Room E6428 (202-564-8930) 

1201 Constitution Avenue, NW 

Washington, D.C. 20460 

Attention: TSCA Section 4 

40 C.F.R. § 799.5087 (Docket No. EPA-HQ-OPPT-2007-0531) 

P. 1 

5~,a- io- 2.2- 

Bayer MatenalScience LLC 

Product Safety & Regulatory Affairs 

100 Bayer Road 

Pittsburgh, PA 15205-9741 

Phone: 412 777 2172 

FAX. 412 777 7484 

e-mail : Marcia .Levinson@bayer.com 

Scanned & Processed in 

CIS by: SHARON 

Re: Application for Exemption from Testing 

Test Rule: 40 C.F.R. § 799.5087 (Docket No. EPA-HQ-OPPT-2007-0531) 

Test Substance: Benzenediamine, ar,ar-diethyl-ar-methyl-, Chemical Abstracts 

Service Registry Number 68479-98-1 

Dear Sir or Madam: 

Bayer MaterialScience LLC ("BMS") hereby requests an exemption from all testing of 

benzenediamine, ar,ar-diethyl-ar-methyl-, Chemical Abstracts Service Registry Number 68479-

98-1 ("DETDA"), under the TSCA § 4 test rule for DETDA codified at 40 C.F.R. § 799.5087. 

The basis for BMS's exemption request is as follows. 

BMS buys all of its requirements for DETDA from a single U.S . manufacturer, Albemarle 

Corporation ("Albemarle"). BMS then exports the DETDA to Mexico for processing into 

mixtures and re-imports the DETDA solely as an ingredient in the mixtures processed in Mexico. 

In other words, BMS imports DETDA solely as an ingredient in mixtures, and all of the DETDA 

contained in the imported mixtures is originally purchased by BMS in the United States, from 

Albemarle . BMS's imports of DETDA are less than 5,000 kg annually, which is approximately 

two percent (2a/o) of the production volume reported for DETDA in 2011 under the 2012 

Chemical Data Report Rule. 
p. 2 

EPA/OPPT/DCO, Attention: TSCA Section 4 

November 21, 2013 

Page 2 of 2 

Albemarle has provided EPA with a letter of intent to conduct all of the testing from which BMS 

seeks an exemption.' In addition, the DETDA imported by BMS is identical to the DETDA 

manufactured by Albemarle, because it is manufactured by Albemarle, and BMS's submission of 

the required test data for DETDA would duplicate the data that Albemarle already is submitting 

to EPA under 40 C.F .R. § 799.5087. For these reasons, BMS's exemption application satisfies 

the requirements for conditional approval by EPA? 

Lastly, BMS understands that if this application is granted before the reimbursement period 

described in section 4(c)(3)(B) of TSCA expires, BMS must pay fair and equitable 

reimbursement to the person or persons who incurred or shared in the costs of complying with 

the requirement to submit data and upon whose data the granting of BMS's application was 

based. 

Please address any questions about this exemption application to the undersigned. BMS 

appreciates EPA's consideration of this application. 

Sincerely, 

Marcia Levinson 

TSCA Manager 

Bayer MaterialScience LLC 

100 Bayer Road 

Pittsburgh, PA 15205 

Tel. (412) 777-2172 

Email: marcia .levinson(~a,bayer.com 

ML:sah 

' BMS understands that Albemarle also has submitted studies of DETDA to EPA under 40 C.F .R . § 799.5087. 

See 40 C.F .R . § 790.87(a) .