Brenntag North America, Inc.

5083 Pottsville Pike

Reading PA 19605

Phone: (610) 926-6100

Fax: (610) 926-3070

April 9, 2014

BY FEDERAL EXPRESS

Paul Lewis, Ph.D., Chief

Chemical Information and Testing Branch

United States Environmental Protection Agency

Office of Chemical Safety and Pollution Prevention

Washington, DC 20460

RE: EPA’s Letter of March 18, 2014 to Brenntag North America. Explanation of Conditional 

Exemption from TSCA High Production Volume Chemical Rule for Sorbic Acid (CASRN 110-44-1) 

Dear Mr. Lewis,

I write in response to your letter of March 18, 2014. Brenntag North America, Inc. is a 

“processor” as defined in TSCA Sections 3(11) and 3(10) and is therefore conditionally exempt 

by virtue of being placed in Tier 2(B) of EPA’s test rule, 40 CFR 799.5087, Testing of Certain 

High Production Volume Chemicals; Second Group of Chemicals, 76 Fed.Reg. 1067, January 7, 

2011)(the “Rule”). Our explanation follows.

Table 1 of EPA’s Rule – Persons Subject to the Rule: Persons in Tier 1 and Tier 2 –

explains that persons who manufacture and are not listed in Tier 2 are Tier 1 persons who are 

initially required to comply. Tier 2(b) includes persons who are not initially required to comply: 

“who process (as defined in TSCA section 3(10) or intend to process a test rule substance (see 40 

CFR 790.42(a)(2)).” 40 CFR 799.5087, Table 1.

“Processor” is defined in Section 3(11) of TSCA as follows: “any person who processes 

a chemical substance or mixture.”

“Process” is defined in Section 3(10) of TSCA as follows: “the preparation of a chemical 

substance or mixture, after its manufacture, for distribution in commerce-

(A). in the same form or physical state as, or in a different form or physical state from, 

that in which it was received by the person so preparing such substance or mixture, or

(B). as a part of an article containing the chemical substance or mixture.”

Brenntag is a distributor of chemical products. Since the effective date of this Rule 

(February 7, 2011), Brenntag has imported Sorbic Acid for redistribution. The product was and 

is received in 50 pound boxes and 55 pound bags, and without any change to the product, was 

redistributed to customers of Brenntag. After its import, Brenntag performed no manufacturing, 
Brenntag, Inc.

5083 Pottsville Pike

Reading PA 19605

Phone: (610) 926-6100

Fax: (610) 926-3070

and acts only as a “processor” as defined in Section 3(11) of TSCA. Sorbic Acid is therefore in 

the same “form or physical state” as that which was received by way of import, and qualifies as 

processing.

Brenntag is listed in Tier 2 as a processer, and therefore is not a Tier 1 person as specified 

in Table 1, 40 CFR 799.5087. As set forth in 40 CFR 799.5087(c)(3), 76 Fed.Reg. 1087, “If you 

are in Tier 2 with respect to a chemical substance listed in Table 2 in paragraph (j) of this 

section, you are considered to have an automatic conditional exemption and you will be required 

to comply with this section with regard to that chemical substance only if directed to do so by 

EPA under paragraphs (c)(5), or (c)(10) of this section.” (emphasis added). According to the 

Rule, EPA will look to Tier 1 and Tier 2(A) persons for testing of the substance in question 

before initiating the procedures in 40 CFR 799.5087(c)(6) and (7) with respect to Tier 2(B) 

persons.

No procedures under 40 CFR 799.5087(c)(6) or (7) have been initiated, and therefore 

Brenntag has no obligation to submit a notice of intent to test, or to test, Sorbic Acid because it 

received the automatic conditional exemption of 40 CFR 799.5087(c)(3). Therefore, Brenntag is 

in compliance with the Rule. 

In the alternative, should EPA determine that Brenntag is not subject to the automatic 

conditional exemption, Brenntag hereby requests an exemption from the testing requirements at 

40 CFR 799.5085 because Brenntag understands that such testing is being or shall be performed 

by a manufacturer of Sorbic Acid. The name of the exemption application is : Brenntag North 

America, Inc., with corporate headquarters at 5083 Pottsville Pike, Reading, PA 19605. The 

telephone number for the corporate contact (the undersigned) is: 610-916-9581. Enclosed is a 

statement of financial responsibility as required per 40 CFR 790.99. Please feel free to contact 

me if you have any questions regarding the explanation above.

Very truly yours,

 

Shawn P. Wiram

Director, Safety, Health & Environment

c. John Schaeffer (EPA)
Brenntag, Inc.

5083 Pottsville Pike

Reading PA 19605

Phone: (610) 926-6100

Fax: (610) 926-3070

BRENNTAG NORTH AMERICA, INC.

STATEMENT OF FINANCIAL RESPONSIBILITY

Brenntag North America, Inc. has, in the alternative and in the event Brenntag does not qualify 

for an automatic conditional exemption in 40 CFR 799.5087(c)(3), applied for an exemption 

from the EPA test rule that imposes requirements for testing for sorbic acid (CASRN 110-44-1). 

Although Brenntag believes it is not subject to the test rule at this time because Brenntag is a 

member of Tier 2(b), 40 CFR 799.5087(c)(3), Brenntag North America, Inc. understands that in 

the event it is not eligible for Tier 2(b) and if this application for an exemption is granted before 

the reimbursement period in Section 4(c)(3)(B) of TSCA expires, Brenntag North America, Inc. 

must pay fair and equitable reimbursement to the person or persons who incurred or shared in the 

cost of complying with the requirement to submit data and upon whose data the granting of 

Brenntag’s application was based.

Brenntag North America, Inc.

By: Shawn P. Wiram

Its: Director Safety, Health & Environment

Dated: April 9, 2014