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Njo, Heather

From: Schaeffer, John

Sent: Thursday, February 20, 2014 1:49 PM

To: Sheree McGill

Cc: Lewis, Paul; Mattheisen, Mike; Njo, Heather; Bernota, Carolyn

Subject: RE: Docket EPA-HQ-OPPT-2007-0531

Dear Ms. McGill: 

This email is in response to your email below, dated February 3, 2014, regarding P.H.T. International’s potential failure 

to comply with a test rule issued under section 4 of the Toxic Substances Control Act (TSCA) for 1H,3H-Benzo[1,2-c:4,5-

c']difuran-1,3,5,7-tetrone (CASRN 89-32-7) (Testing of Certain High Production Volume Chemicals; Second Group of 

Chemicals, 76 FR 1067, January 7, 2011). Your email states that a customer of P.H.T. International is in fact the importer 

of record for this chemical that P.H.T. International’s 2012 Chemical Data Reporting (CDR) rule filing, which stated that 

P.H.T. International was the importer, was an error, and that P.H.T. International is not, therefore, subject to the test 

rule. 

It is not clear from your email, however, that P.H.T. International is not subject to the test rule. For example, if P.H.T. 

International is an agent acting on behalf of its customer, P.H.T. International may still be considered an importer 

subject to the test rule. In order to establish that it is not an importer subject to the test rule, P.H.T. International must 

provide EPA with a complete written explanation of why it is not subject to the test rule, amend its CDR filing to show 

that it was not an importer of this chemical, and provide some documentation, such as a U.S. Customs declaration or 

other shipping documents, to show that someone else was the importer. This should be provided to EPA by March 31, 

2014. Alternatively, P.H.T. International may, in accordance with the test rule and applicable regulations, submit either a 

letter-of-intent-to-test or an exemption application by March 31, 2014. If EPA does not receive an adequate response 

by March 31, 2014, it may take appropriate enforcement action. 

Best regards, 

John 

John Schaeffer 

Senior Biologist 

USEPA/OPPT/CCD/CITB 

1201 Constitution Ave, NW 

Washington, DC 20460 

Mail Code: 7405M 

Phone: 202-564-8173

From: Sheree McGill [mailto:smcgill@phtchemical.com] 

Sent: Monday, February 03, 2014 11:02 AM 

To: Schaeffer, John 

Subject: Docket EPA-HQ-OPPT-2007-0531 

Good Morning, 

My name is Sheree McGill and I am the Regulatory Manager at PHT International, Inc. 

I received a letter from the EPA on Friday regarding a possible failure to comply with a test rule under section 4 of TSCA 

for product cas# 89-32-7, a HPV chemical. 

After a thorough review of our internal records and the EPA webpage, I believe that my listing of the product on the CDR 

as Importer was in error. 

While we do sell this Chinese produced product in the US, we are not the importer of record, our customer is, thus we 

would not be considered the importer of this product. 
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Can you please tell me what specific documentation I would need to provide to EPA to support my position? 

Also, I assume I will need to amend the CDR filing from 2012. Can you please tell me who I should contact to start this 

process? 

Thank you in advance for your help in this matter. 

Best Regards, 

Sheree 

Sheree A. McGill 

Manager | Quality Assurance | ESH | Regulatory 

PHT International, Inc. 

Phone: 704-246-3480 | Mobile: 704-497-6063 | smcgill@phtchemical.com

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