CBIC Control Number 

# 356879 GREENWICH CHEMICAL CONSULTING,



# ID~f'~B~g 3300 PGA BOULEVARD • SUITE 

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PALM BEACH GARDENs, 

### FL 3341o 

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November 6, 2013 TELEPHONE 561.578.8110 FACSIMILE 561.578.8120 

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### C\S by: 

### SHARON

CONTAINS NO CONFIDENTIAL BUSINESS INFORMATION By UPS

OPPT Document Control Office U.S. Environmental ProtectionAgency EPA EastBuilding Room E6428 1201 Constitution Ave., NW Washington, DC 20004 Attn.: 40 CPR 799.5089 Docket ID Number: EP A-HQ-OPPT-2009-0112

Re: Extension Request by the PCBTF Testing Consortium under the TSCA Section 4 Test Rule on the 

### Testing ofCertain High Production Volume Chemicals; Third Group Benzene, 1-chloro-4-(trifluoromethyl)- CAS RN 98-56-6 (para-Chlorobenzotrifluoride (PCBTF)) Docket ID Number: EPA-HQ-OPPT-2009-0112 40 CFR799.5089

Dear Sir/Madam: On behalf of the PCBTF Testing Consortium (the Consortium), Greenwich Chemical Consulting, Inc. (Greenwich Chemical Consulting) submits to the U.S. Environmental Protection Agency (EPA or the Agency) an extension request for additional time to reviewU.S. EnvironmentalProtection Agency November 6, 2013 Page2 CONTAINS NO CONFIDENTIAL BUSINESS INFORMATION

andrespond to theAgency's notice ofinadequacy regarding the algae study conducted on the chemical substance, benzene, 1-chloro-4-(trifluoromethyl)- [CAS RN 98-56-6] which is currendy subject to a Toxic Substances ControlAct (TSCA) Section 4 testrule. 1 Forpurposes ofthis letter, the chemical substance,benzene, 1-chloro-4-(trifluoromethyl)-,is hereinreferred to as, PCBTF. The Consortium files this request in accordance with this test rule and the regulations set forth at 40 CFR 790.55 and 799.5089. I. General Background Greenwich Chemical Consulting functions and operates as the panel manager for and authorized representative of the Consortium. Therefore, Greenwich Chemical Consulting submits this letter onbehalfofthe Consortium's 13 member companies identified below:


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### • • • • • • • • Brenn tag NorthAmerica, Inc
. Chemsynergy, Inc
. China Specialty Chemical Company, Ltd
. EMCO Chemical Distributors, Inc
. Greenchem Industries LLC I<.owa American Corporation MakhteshimAgan ofNorth America, Inc
. MC International, LLC2 Nexeo Solutions, LLC Silver Fern Chemical, Inc
. Special Materials Company Univar USA, Inc
. Valspar Corporation This fmal test rule addresses 15 high production volume (HPV) chemicals that went unsponsoredundertheAgency's voluntary HPV ChemicalChallenge Program. One ofthe 15 chemicals identifiedintherule is PCBTF. The fmal rule identifies the following two (2) studies onPCBTF:
• Aquatic Toxicity Testing: toxicity to plants (algae)) • Ready Biodegradation The PCBTFTestingConsortium conducted these tests andtimely submitted fmal testreports to theAgencyinits letter datedApril18, 2013. Based onEPA's review ofthe algae testreport, the Agency has concluded that the study is inadequate for purposes of the TSCA Section 4 test rule and must be re-conducted. The basis ofthe Agency's conclusions were set forth in its letter ofSeptember 26, 2013.

1 76 Fed. Reg. 65385; October 21, 2011. 2 MC International, LLC operates the entity, :Miami Chemical, Inc., as a DBA. For purposes ofU.S. Customs and TSCA, MC International, LLC is the importer.U.S. Environmental Protection Agency November 6, 2013 Page 3
II. Extension Request CONTAINS NO CONFIDENTIAL BUSINESS INFORMATION

In its September 26, 2013 determination letter, EPA states that a new study plan must be submitted to the Agency by November 12, 2013 with the fmal report submitted by October 12,2014.The PCBTFTesting Consortiumrespectfullyrequests a two (2) month delay to each ofthese dates such that the study plan would be submitted byJanuary 12. 2014 and the fmal report submittedby December 12. 2014. The principal reason for this extension request pertains to two complex issues which EPA describes in its determination letter. First, the Agency states that the test material was not tested at the level of solubility. The Agency cites a Merck Index value of29 mg/L while the Consortium's testingindicated a value of7.04mg/L. The compound's correct solubility needs to be reviewed and assessed. And second, PCBTF is a volatile material which presented technical issues during testing. The Agency notes that there may have been excessive volatilization ofthe testmaterial during testing. In sum, the Consortium needs additional time to review andrespond to EPA's comments, as well as workwith a laboratory to address these complex technical issues. The Consortium understands that EPA will accept a schedule modification request if such a request is made in accordance with 40 CFR 790.55. Concurrent with this, the Agency stated the following in the fmal rule: 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 Withrespectto therequirements setforth at40 CFR790.55, The Consortiumdoes notbelieve thattherequestedmodification to the test schedulerequested hereinwould "significandy alter the scope ofthe test[s] or significandy change the schedule for completingthe test[s]" because it does not meet any ofthe conditions set forth at 790.55(b)(4)(i)-(iv) and further because it does notrise to thelevel of"significant"interms oftime.4 Moreover, this alleviates EPA from having to seek public commentbefore approving these modifications. The Consortium believes that a two (2) month extension to the test schedule dates set forth in its determination letter ofSeptember 26, 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 significandy change the schedule for completing the tests as described in 790.55.

3 76 Fed. Reg. 65397. 4 40 CFR 790.55(b)(3).

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Finally, the Consortium has become aware that a reliable algae study has been added to the European Union's REACH dossier for PCBTF. The Consortium is assessing whether this study, which was completed earlier this year, would adequately meet EPA's requirements under the test rule in lieu ofre-conducting the study. The Consortium would also utilize the additional time in the extension to review this study in the REACH dossier and whether the group could obtain access to this study for purposes ofthe TSCA Section 4 test rule. 

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The Consortium thanks 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.cotn Sincerely,
John V. Massingale Principal

cc: Mr. John Schaeffer- U.S. EPA PCBTF Testing Consortium