UN,ITEO STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON , D.C. 20460 

·1 . ; "1 

• .. -(. ":t ' '-·"' . . ... · .. Vv· . 

OFI"ICE 01" 

PESTICIDES ANO TOXIC SU8STANCES 

Mr. Irwin L. Klundt 

Vice President 

Aldrich Chemical co., Inc. 

P.O. Box 355 

Milwaukee, WI 53201 

Dear Mr. Klundt: 

This responds to your submission of September 3, 1987, requesting a research and development and economic waiver from the testing and reporting requirements of the Polyhalogenated Dibenzo-p-Dioxin/Dibenzofuran Test Rule. 

The Agency confirms that Aldrich qualifies for a research and development waiver under 40 CFR 766.32(a) (2) (i) for the 5 of 16 chemicals requested that Aldrich identified as imported after January 1, 1984 in its supplementary Confidential Business Information (CBI) submission of September 28, 1987. However, should Aldrich produce these chemicals in quantities above 100 kilograms per year in the future, the Agency requires that your company report this to us and comply with the requirements of the rule for such chemicals. 

In the September 28 submission, Aldrich indicated that it imported another five of the subject chemicals prior to January 1, 1984. According to the rule, only chemical substances manufactured, imported or processed between January 1, 1984 and June 5, 1987 are subject to testing. Since these chemicals fall outside this timeframe, they are not subject to testing. However, should Aldrich import the chemicals identified in the September 28 submission in the future, the Agency requires that your company report this to us and comply with the requirements of the ru~e for such chemicals. 

In ad4ition, Aldrich identified six chemicals as being domestically procured in the CBI submission. Under the rule, (40 CFR 766 . 20{a)) Aldrich is considered a processor of these chemicals and, therefore, not subject to the testing and reporting requirements. However, if manufacturers or importers of these substances fail to sponsor testing, the Agency will issue a Federal Register notice informing processors of that chemical substance(s). Processors will then have 30 days to submit either a letter of intent to test or an exemption application. 
2 

In addition, the Agency will grant Aldrich's request for an economic waiver under 40 CFR 766.32(a) (2) (ii) for 2,4-Dichloro- phenol. The Agency confirms that testing costs would indeed drive the chemical off the market as the reported value of the product is far less than the anticipated annualized cost o~ 

testing. Similarly, the Agency confirms that Aldrich's processing of 2,4-Dichlorophenol will pose no unreasonable risk to persons handling the material, as the chemical is only used for laboratory purposes and is marked with warning labels. However, should Aldrich import more than the amount indicated in its confidential business information (CBI) submission of September 28, 1987, the Agency requires that your company report this to us and comply with the testing and reporting requirements of the rule. 

Aldrich requested a process and reaction exclusion under 40 CPR 766.32(a) (1) (ii) for the same 16 chemicals (plus two additional chemicals) as those claimed in its ·R&D waiver request. Since the Agency is granting the R&D waiver request for those chemicals subject to testing and reporting requirements, the Agency considered it unnecessary to address your process and reaction exclusion request. 

Aldrich identified the two additional process exclusion chemicals mentioned in the paragraph above as being domestically procured. Again, under the rule, Aldrich is considered a processor of these chemicals and, therefore, not subject to the testing and reporting requirements. However, if manufacturers or 

will 

importers of these substances fail to sponsor testing, the Agency issue a Federal Register notice informing processors of that chemical substance(s). Processors will then have 30 days to submit either a letter of intent to test or an exemption application. 

Enclosed is the public version of the administrative file supporting our decision. Please contact Janice Johnson of my staff at 382-3933 with further questions concerning the basis of our decision. 

Enclosure 

Sincerely, 

dusar; t .~~;!- ~(Charles L. Elki · Director 

Office of Toxic Substances 

cc: Jerome M. Organ, Esq. Foley and Lardner