GREENWICH CHEMICAL CONSULTING, lNC. 

3300 PGA BouLEVARD • SuiTE 635 

PALM BEACH GARDENS, FL 33410 

TELEPHONE 561.578.8110 

fACSIMILE 561.578.8120 

October 29, 2012 

By UPS Express Delivery 

OPPT Document Control Office 

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U.S. Environmental Protection Agency 

EPA East Building 

Room E6428 

1201 Constitution Ave., NW 

Washington, DC 20004 

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Attn.: 40 CFR 799.5087 

Docket ID Number: EPA-HQ- OPPT-2007-0531 

Re: Request for an Additional Modification of the Test Schedule for Testing 

Conducted by U nivar USA Inc. and WEGO Chemical and Mineral 

Corporation under the TSCA Section 4 Test Rule on the Testing of Certain 

High Production Volume Chemicals: Second Group of Chemicals 

Ethanedioic acid 

(Oxalic acid) 

CAS RN 144-62-7] 

Docket ID Number EPA-HQ-OPPT-2007-0531 

40 CFR 799.5087 

Dear Sir/Madam: 

On behalf of Univar USA Inc. and WEGO Chemical and Mineral Corporation (the 

Companies), Greenwich Chemical Consulting, Inc. submits to the U.S. Environmental 

Protection Agency (EPA or the Agency) a request by the Companies for an additional 

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U.S. Environmental Protection Agency 

October 29, 2012 

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modification of the test schedule for the studies conducted on the chemical substance, 

ethanedioic acid [CAS RN 144-62-7] which is currently subject to a Toxic Substances 

Control Act (TSCA) Section 4 test rule. 1 The Companies file this request in accordance with 

this test rule and the regulations set forth at 40 CFR 799.5087 and 790.55. 

I. General Background 

Greenwich Chemical Consulting functions and operates as the panel manager for and 

authorized representative of the Companies for the testing of oxalic acid under this TSCA 

Section 4 test rule. This test rule addresses 19 high production volume (HPV) chemicals that 

went unsponsored under the Agency's voluntary HPV Chemical Challenge Program. One of 

the 19 chemicals identified in the rule is ethanedioic acid which is identified herein as oxalic 

acid. The final rule identifies the following nine studies on oxalic acid: 

• 

• 

• 

• 

• 

• 

• 

II. 

Melting Point 

Boiling Point 

Vapor Pressure 

Water Solubility 

Ready Biodegradation 

Aquatic Toxicity Testing: 

Acute toxicity to fish 

Acute toxicity to Daphnia 

Toxicity to plants (algae) 

In Vitro Mammalian Chromosome Aberration Test 

Request for Test Schedule Modification 

The deadline set forth in the original TSCA Section 4 test rule requires that the test data on 

oxalic acid be submitted to EPA by March 7, 2012 unless the Agency grants a test schedule 

modification. Earlier in the year, the Agency granted an extension to the Companies in 

which this test data submission date was moved to December 31, 2012.2 Because of chemical 

nomenclature, study plan, and minor technical delays that have arisen in the course of this 

testing, the Companies are requesting a second extension of three months. 

The Companies understand that EPA will accept schedule modification requests if such 

requests are made in accordance with 40 CFR 790.55. Concurrent with this, the Agency 

stated the following in the final rule: 

1 January 7, 2011; 76 Fed. Reg. 1067. 2 The two Companies separately requested extensions from EP.\ due to the fact that a testing consortium had 

not been formally established at the time each Company had submitted its own extension request. EPA 

approved and granted WEGO Chemical and i\fineral's request on April19, 2012 and Univar's request on May 

2, 2012. 
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U.S. Environmental Protection Agency 

October 29, 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 ... 3 

In accordance with the requirements under 40 CFR 790.55 and EPA's comments in the final 

rule. the Companies respectfully request a three-month extension of the current December 

31. 2012 deadline to March 31. 2013 for the required studies on oxalic acid. The basis of this 

request is set forth below. 

The principal reason for this extension request is because of a nomenclature issue associated 

with the test material that arose in early June 2012. Specifically, the test material, as formally 

identified in the rule, is ethanedioic acid [CAS RN 144-62-7]. This CAS Registry Number 

pertains to the anhydrous form meaning that no water is present as part of the crystalline 

structure. However, oxalic acid is highly hygroscopic which means that exposure of the 

anhydrous form to water (including water present in the air) results in the formation of the 

dihydrate material through the absorption of water. Testing of oxalic acid in its anhydrous 

form is irnpractical.4 During its review of the study plans, EPA in June 2012 raised the 

question of how the test material should be represented in the study plans and test reports. It 

was not until late September that this issue was resolved among the Agency, Greenwich 

Chemical Consulting, and the test lab. This process resulted in a delay of over three months. 

Once this issue was resolved, it was then necessary to amend the study plans (which had 

already been approved by EPA) with the lab so that the plans properly identified the test 

material. This added an additional month to the process resulting in a total delay of nearly 

four months. 

Another reason for the extension request was that EPA was not able to provide its approval 

of the biodegradation study plan and the four physical properties study plans until early 

October 2012. This delay was partially attributable to the above nomenclature issue, as well 

as the Agency's limited resources. 

There are also two minor other reasons for the delay. First, after the test rule was issued, it 

took the two Companies a few months to develop the Consortium agreement. This delayed 

the Company's initiation of these studies. Second, and as stated in the original extension 

request, the Companies' expected that they would be able, for purposes of the TSCA Section 

4 test rule, to obtain and rely on quality data submitted to the European Chemicals Agency 

(ECHA) under the European Cnion's Registration, Evaluation, Authorization, and 

Restriction of Chemicals (REACH) program. No such data became available. 

With respect to the requirements set forth at 40 CFR 790.55, the companies do not believe 

that the requested modification to the test schedule requested herein would "significandy 

3 76 Fed. Reg. 1080. 

4 Virtually all oxalic acid manufactured, imported, and processed in the U.S. is the dihydrate form. 
U.S. Environmental Protection Agency 

October 29, 2012 

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alter the scope of the test[s] or significantly change the schedule for completing the test[s]" 

because it does not meet any of the conditions set forth at 790.55(b)(4)(i)-(iv) and further 

because it does not rise to the level of "significant" in terms of time. 5 Moreover, this 

alleviates EPA from having to seek public comment before 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. 

The Companies believe that a three-month extension to the test schedule to March 31, 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 significantly change the schedule for completing the 

tests as described in 790.55. 

* * * 

The Companies thank the Agency for its consideration in this matter. For all questions, 

comments, and determinations concerning this matter, please use the contact information 

given below. 

Mr. John V. Massingale 

Greenwich Chemical Consulting, Inc. 

3300 PGA Boulevard, Suite 635 

Palm Beach Gardens, FL 33410 

Telephone: (561) 578-8110 

Facsimile: (561) 578-8120 

E-mail: john@grcci.com 

Sincerely, 

John V. Massingale 

Principal 

s 40 CFR 790.55(b)(3). 
U.S. Environmental Protection Agency 

October 29, 2012 

Page 5 

cc: Dr. Paul Campanella- U.S. EPA 

Univar USA Inc. 

WEGO Chemical and Mineral Corporation 

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