1 March 10, 2011

MEMORANDUM

SUBJECT: Re-evaluation of the Proposed SNUR for P-94-209 in Light of the Olsson

Frank Weeda letter

FROM: Toxicologist

New Chemicals and Assessment Branch Risk Assessment Division (7403M)

THRU:

New Chemicals and Assessment Branch Risk Assessment Division (7403M)

TO: Program Manager

Chemical Control Division New Chemicals Management Branch (7405M)

On November 10, 2010, EPA received a letter from the law offices of Olsson Frank Weeda speaking on behalf of Kaneka Texas Co rporation. The letter was a petition to withdraw a proposed SNUR on P-94-209 (CASRN 134701-20-5, submitted by Ciba Specialty Chemicals Corporation) or , alternatively, to re-issue a proposed SNUR for the chemical. The proposed SNUR for P-94-209 was to require no releases to water. Ciba submitted a SNUN requesting permission to release to water in 2006. The SNUN was dropped at the November 2, 2006 Focus meeting, based on 2 measured biodegradation tests that were submitted by Ciba.

RAD received a copy of the letter mentioned above on February 9, 2011 from (CCD). CCD asked RAD to reconcile issues raised in the letter pertaining to the following:

1. RAD’s review of submitted biodegradation testing and the decision at the November 2, 2006 FOCUS mee ting to drop the SNUN;

2. the low ecotoxicity score assigned to this particular chemical in EPA’s Chemical Assessment and Management Program (CHAMP)2 Upon re-evaluation of P-94-209 and the co rresponding SNUN, seve ral issues were brought to light. First, RAD stands by both (June 14 and July1,2010) reviews of the submitted measured biodegradation tests. Th ese reviews stated that the biodegradation range was much too broad to be conclusi ve (23% and 87% depe nding on the protocol used). Second, RAD continues to support th e classification of P-94-209 into the TSCA chemical category of phenols. This has not changed. However, since P-94-209 and went to FOCUS Decision meetings, the ECOSAR dataset for phenols has been significantly updated from 78 chemicals to 203 ch emicals. The additional number of data points has increased the robus tness of the category as we ll as our confidence in the ECOSAR predictions. As a result, when the most recent version of ECOSAR (v. 1.00a) was run in 2011, the database predicts no a dverse ecotoxicological effects at saturation for P-94-209. This is a significant change from the ECOSAR predictions in 1993-2006 (see Attachment 1). Third, the measured wate r solubility data support no expected acute or chronic adverse ecological effects, based on log K

ow of 10.45 for CASRN 134701-20- 5 (greater than a log K

ow of 8, no acute or chronic advers e effects are expected to be observed). Therefore, based upon the new EC OSAR predictions, which are based on a more robust data set, RAD concludes that the ecological risk to P94-209 is low.

Based on the above information, the discre pancy between the C HAMP characterization of the PMN substance and RAD’s previous reviews are no longer relevant. The CHAMP

assessment of low hazard for the PMN substan ce was based on the most recent version of ECOSAR and RAD supports the designa tion in CHAMP. In addition, EPA acknowledges, as stated in the Olsson, Fra nk, Weeda letter, the ove rall conclusions of

both EPA’s and Australia’s National Industr ial Chemicals Notific ation and Assessment Scheme (NICNAS) that CASRN 134701-20-5 is a “low” ecotoxicological hazard.

In summary, after consideri ng the contents of the letter from Olsson, Frank, Weeda and re-evaluating P-94-209 based on the most up- to-date information, RAD has determined that P94-209 is a low ecological risk. As a result, RAD would support revoking the proposed SNUR requiring no releases to water based on physical/chemical data, predictive tools, and best professional judgment.3 Attachment 1

PMN P-94-0209: Phenol 2,4-dimethyl-6-(1-methylpentadecyl)

Physical State: Liquid Sorption to soils/sediment: Very strong

MW: 347

VP: 7.5 10 -7 mm Hg at 25° C (measured) Water solubility: 0.016 mg/L (measured)

POTW removal: 90% Ultimate biodegradation t 1/2 : weeks Log BCF: < 10 (measured) Log K

ow : 10.45 (estimated)

1993-2006 ECOTOX predicted (P) and measured (M) toxi city values in mg/L (PPM) are:

fish 96-h LC 50 = * P

fish 96-h LC 50 = * M daphnia 48-h EC 50 = * P daphnia 48-h EC 50 = 0.080 M a algae 96-h EC 50 = * P algae 72-h EC 50 = 25 M a

fish ChV = 0.001 P daphnia ChV = 0.001 P algae ChV = 0.001 P

a Measured concentrations are significantly greater than the water solubility limit of 0.016 mg/L.

2011 ECOTOX : Predicted (P) toxicity values in mg a.i./L (PPM) are:

fish 96-h LC 50 = * P

fish 96-h LC 50 = * M daphnid 48-h LC 50 = * P daphnia 48-h EC 50 = 0.080 M a algae 96-h EC 50 = * P algae 72-h EC 50 = 25 M a
fish ChV = * P daphnid ChV = * P algae ChV = * P

a Measured concentrations are significantly greater than the water solubility limit of 0.016 mg/L.