UNITED STATES ENV IRONMENTAL PROTECTION AGENCY WASHINGTO N , 0 C 20460

OFFICE OF CHEMICAL SAFETY A N D POLLUT IO N PREVE NT IO N 

## SEP 2 4 2013
Mr. Michael S. Williams Chief Operation Officer Peach State Labs, Inc. P.O. Box 1087 Rome, Georg ia 30162
Re: Test Requirements for 2-Butenedioic acid (2Eh di-C8-18-alkyl esters (CASRN 68610-90-2)
Dear Mr. Williams:
This responds to your letters both dated May 30 , 20 13 , applying for an exemption from, and requesting that EPA revoke, the test requirements for 2-Butenedioic acid (2E)-, di-C8-18-alkyl esters (CASRN 6861 0-90-2) in a test rule that E PA issued under section 4 ofthe Toxic Substances Control Act (TSCA) on October 21,2011 (76 FR 65385). As explained below, EPA is denying Peach State Labs' request to revoke the test requirements , but granting its request for an exemption, because another company has agreed to provide the test data.
When EPA proposed the test rule on February 25, 2010, (75 FR 8575) and issued the test rule in October 201 1 , it used the best information available at the time and found that 2-Butenedioic acid (2E)

- , di

-C8-18-alkyl esters met the requirements for testing under TSCA section 4(a)(l)(B). TSCA section 4(a)(l)(B) requires EPA to show, among other things , that a chemical substance or mixture is produced or imported in substantial quantities and that it either enters the environment in substantial quantities or that there is substantial or significant human exposur e. EPA's "B" policy for making § 4(a)(l)(B) findings (58 FR 28736 ; May 14, 1993) sets default values of substantial production as more than one million pounds per year and substantial human exposure as more than one thousand workers, or more than ten thousand consumers , or a general population ofmore than one hundred thousand people. EPA's substan tial production finding was based on the 2006 Inventory Update Reporting (IUR) rule and its exposure finding on a TSCA section 8(a) Preliminary Assessment Information Rule (PAIR). EPA received no comments concerning its findings for this chemical from any chem ical manufacturer during the sixty day public comment period provided by the proposed test rule.

I nternet Address (UR L )
· http //www epa gov Recyc l ed/ Recyclable • Pnnted w•th Vegetable 0•1 Based Inks on 100% Postconsumer Process Chlonne Free Recycled Pape rExemptions from test requirements in TSCA section 4 test rules are evaluated under the Procedures Governing Testing Consent Agreements and Test Rules (40 CPR

part 790), which provide for exemptions from test rules ( 40 CFR part 790, subpart E) on the basis of data adequacy (i.e., data fulfilling the required testing endpoints is, or will become available, through testing under the test rule by another test sponsor). 40 CFR § 790.87. The exemption application that Peach State Labs, Inc., submitted meets the exemption requirements in 40 CFR part 790. Specifically, BASF, Inc., has indicated that it will provide the required test data for this chemical and the exemption application that Peach State Labs, Inc. has submitted includes the required language regarding cost sharing (see, 40 CFR 790.99). Accordingly, EPA will not revoke the test requirements in the test rule, but will grant the exemption requested by Peach State Labs, Inc. The exemption is conditioned on EPA receiving acceptable test data from BASF (or elsewhere) that is adequate to fulfill

the test requirements in the test rule. If you have any questions about this letter, please contact John Schaeffer of my staff (schae!Ier.jo1m@epa.gov; 202-564-8173).

Cc: DocketEPA-HQ-OPPT-2009-0112

Sincerely,**Po<J~** Paul Lewis, Ph.D. Chief Chemical Information and Testing Branch (MC 7405M)