1 

### Njo, Heather

From: Schaeffer, John Sent: Thursday, February 20, 2014 1:49 PM To: Sheree McGill Cc: Lewis, Paul; Mattheisen, Mike; Njo, Heather; Bernot a, Carolyn Subject: RE: Docket EPA-HQ-OPPT-2007-0531

Dear Ms. McGill:

This email is in response to your email below, dat ed February 3, 2014, regarding P.H.T. International ’s potential failure to comply with a test rule issued under section 4 o f 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; Secon d Group of Chemicals, 76 FR 1067, January 7, 2011). Your emai l states that a customer of P.H.T. International is in fact the importer
of record for this chemical that P.H.T. Internation al’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. F or example, if P.H.T. International is an agent acting on behalf of its c ustomer, P.H.T. International may still be consider ed an importer subject to the test rule. In order to establish tha t 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 C DR filing to show that it was not an importer of this chemical, and p rovide some documentation, such as a U.S. Customs d eclaration or other shipping documents, to show that someone else was the importer. This should be provided to EPA b y March 31, 2014. Alternatively, P.H.T. International may, in a ccordance with the test rule and applicable regulat ions, submit either a letter-of-intent-to-test or an exemption applicatio n by March 31, 2014. If EPA does not receive an ad equate response by March 31, 2014, it may take appropriate enforcem ent 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 Ma nager at PHT International, Inc. I received a letter from the EPA on Friday regardin g a possible failure to comply with a test rule und er 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 bel ieve that my listing of the product on the CDR as Importer was in error. While we do sell this Chinese produced product in t he US, we are not the importer of record, our custo mer is, thus we would not be considered the importer of this produc t.2 Can you please tell me what specific documentation I would need to provide to EPA to support my positi on? Also, I assume I will need to amend the CDR filing from 2012. Can you please tell me who I should cont act 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 ISO 9001: 2008 QMS
PHT is a Minority and Female certified owned busine ss

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