Brenntag North America, Inc.

5083 Pottsville Pike Reading PA 196 05

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 C FR 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

–
exp lains 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 proc ess 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 perso n 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 A cid 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 define d in Section 3(11) of TSCA. Sorbic A cid 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 n ot 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 initia ted, and therefore Brenntag has no obligation to submit a notice of intent to test, or to test, Sorbic A cid because it received the automatic conditional exemption of 40 CFR 799.5087(c)(3). Therefore, Brenntag is in compliance with the Rule.

In the al ternative, 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, Heal th & 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

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- 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

I ts: Director Safety, Health & Environment

Dated: April 9, 2014