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, RoomE6428 (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 fromall testing of benzenediamine, ar,ar-diethyl-ar-methyl-, Chemical Abstracts Service Registry Number 68479- 98-1 ("DETDA"), under the TSCA § 4 test rule for DETDAcodified at 40 C .F .R. § 799

.5087. The basis for BMS's exemption request is as follows. BMS buys all of its requirements for DETDAfroma single U .S . manufacturer, Albemarle Corporation ("Albemarle") . BMS then exports the DETDAto Mexico for processing into mixtures and re-imports the DETDAsolely as an ingredient in the mixtures processed in Mexico. In other words, BMS imports DETDAsolely as an ingredient in mixtures, and all ofthe DETDA contained in the imported mixtures is originally purchased by BMS in the United States, from Albemarle. BMS's imports of DETDAare less than 5,000 kg annually, which is approximately two percent (2a/o) ofthe production volume reported for DETDAin 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 EPAwith 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 DETDAwould 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) .