37974 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Notices

U.S. EPA, EPA-New England, One

Congress Street, Suite 1100 (HBS),

Boston, MA 02114.

FOR FURTHER INFORMATION CONTACT:

Barbara O’Toole, Responsible Party

Coordinator, U.S. EPA, EPA-New

England, One Congress Street, Suite

1100 (HBS), Boston, MA 02114, (617)

918–1408.

Dated: May 26, 2000.

Patricia L. Meaney,

Director, Office of Site Remediation and

Restoration, EPA-New England.

[FR Doc. 00–15399 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–59371; FRL–6593–7]

Approval of Test Marketing Exemption

for a Certain New Chemical With

Restrictions and Comments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces EPA’s

approval of an application for test

marketing exemption (TME) under

section 5(h)(1) of the Toxic Substances

Control Act (TSCA) and 40 CFR 720.38.

EPA has designated this application as

TME–00–3. The test marketing

conditions are described in the TME

application and in this notice.

DATES: Approval of this TME is effective

on June 13, 2000. Written comments

will be received until July 5, 2000.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit III of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, it is

imperative that you identify the docket

control number ‘‘[OPPTS–59371]’’, and

the TME number ‘‘[TME 00–3]’’ in the

subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Director, Office of

Program Management, and Evaluation,

Office of Pollution Prevention and

Toxics (7401), Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: 202 554–

1404; and e-mail address: TSCAHotline@epa.gov.

For technical information contact:

Adella Watson, New Chemicals Notice

Management Branch, Chemical Control

Division (7405), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 260–3752; and e-mail

address: watson.adella@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

This action is directed in particular to

the chemical manufacturer and/or

importer who submitted the TME to

EPA. This action may, however, be of

interest to the public in general. Since

other entities may also be interested, the

Agency has not attempted to describe all

the specific entities that may be affected

by this action. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the ‘‘FOR FURTHER

INFORMATION CONTACT’’ section.

II. How Can I Get Additional

Information, Including Copies of this

Document or Other Related Documents?

A. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

B. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–59371. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as confidential

business information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center

(NCIC), North East Mall (NEM) Rm. B–

607, Waterside Mall, 401 M St., SW.,

Washington, DC. The Center is open

from noon to 4 p.m., Monday through

Friday, excluding legal holidays. The

telephone number for the Center is (202)

260–7099.

III. How and to Whom Do I Submit

Comments?

Notice of receipt of this application

was not published in advance of

approval. Therefore an oppurtunity to

submit comments is being offered at this

time. You may submit comments

through the mail, in person, or

electronically. To ensure proper receipt

by EPA, it is imperative that you

identify docket control number OPPTS–

59371 in the subject line on the first

page of your response. The complete

nonconfidential document is available

in the TSCA NCIC at the above address

in Unit II. B. between noon and 4 p.m.,

Monday through Friday, excluding legal

holidays. EPA may modify or revoke the

test marketing exemption if comments

are received which cast significant

doubt on its finding that the test

marketing activities will not present an

unreasonable risk of injury.

A. By mail. Submit your comments to:

Document Control Office (7407), Office

of Pollution Prevention and Toxics

(OPPT), Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460.

B. In person or by courier. Deliver

your comments to: OPPT Document

Control Office (DCO) in East Tower Rm.

G–099, Waterside Mall, 401 M St., SW.,

Washington, DC. The DCO is open from

8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. The

telephone number for the DCO is (202)

260–7093.

C. Electronically. You may submit

your comments electronically by e-mail

to: ‘‘oppt.ncic@epa.gov,’’ or mail your

computer disk to the address identified

above. Do not submit any information

electronically that you consider to be

CBI. Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments and data will

also be accepted on standard disks in

WordPerfect 6.1/8.1 or ASCII file

format. All comments in electronic form

must be identified by docket control

number OPPTS–59370. Electronic

comments may also be filed online at

many Federal Depository Libraries

IV. How Should I Handle CBI That I

Want to Submit to the Agency?

Do not submit any information

electronically that you consider to be

CBI. You may claim information that

you submit to EPA in response to this

document as CBI by marking any part or

all of that information as CBI.

Information so marked will not be

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Notices 37975

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

In addition to one complete version of

the comment that includes any

information claimed as CBI, a copy of

the comment that does not contain the

information claimed as CBI must be

submitted for inclusion in the public

version of the official record.

Information not marked confidential

will be included in the public version

of the official record without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult the technical person

identified under ‘‘FOR FURTHER

INFORMATION CONTACT.’’

V. What Should I Consider as I Prepare

My Comments for EPA?

You may find the following

suggestions helpful for preparing your

comments:

1. Explain your views as clearly as

possible.

2. Describe any assumptions that you

used.

3. Provide copies of any technical

information and/or data you used that

support your views.

4. If you estimate potential burden or

costs, explain how you arrived at the

estimate that you provide.

5. Provide specific examples to

illustrate your concerns.

6. Offer alternative ways to improve

the proposed rule or collection activity.

7. Make sure to submit your

comments by the deadline in this

document.

8. To ensure proper receipt by EPA,

be sure to identify the docket control

number assigned to this action in the

subject line on the first page of your

response. You may also provide the

name, date, and Federal Register

citation.

VI. What is the Agency’s Authority for

Taking this Action?

Section 5(h)(1) of TSCA and 40 CFR

720.38 authorize EPA to exempt persons

from premanufacture notification (PMN)

requirements and permit them to

manufacture or import new chemical

substances for test marketing purposes,

if the Agency finds that the

manufacture, processing, distribution in

commerce, use, and disposal of the

substances for test marketing purposes

will not present an unreasonable risk of

injury to health or the environment.

EPA may impose restrictions on test

marketing activities and may modify or

revoke a test marketing exemption upon

receipt of new information which casts

significant doubt on its finding that the

test marketing activity will not present

an unreasonable risk of injury.

VII. What Action is the Agency Taking?

EPA has approved the abovereferenced TME. EPA has determined

that test marketing the new chemical

substance, under the conditions set out

in the TME application and in this

notice, will not present any

unreasonable risk of injury to health or

the environment.

VIII. What Restrictions Apply to this

TME?

All conditions and restrictions

described in the TME application and in

this notice must be met. The test market

time period, production volume,

number of customers, and use must not

exceed specifications in the application

and this notice. A bill of lading

accompanying each shipment must state

that the use of the substance is restricted

to that approved in the TME. Further

restrictions are described in sections XI

and X below.

TME–00–3.

Date of Receipt: May 3, 2000. The

extended comment period will close

July 5, 2000.

Applicant: Westvaco Corporation

Chemical: Fatty acids, tall-oil,

reaction products with castor oil and

substituted amines.

Use: asphalt emulsifier.

Production Volume: CBI

Number of Customers: 1

Test Marketing Period: 12 months,

commencing on first day of commercial

manufacture.

IX. What Personal Protective

Equipment is Required for this

Chemical?

During manufacturing, processing,

and use of the substance at any site

controlled by the applicant, any person

under the control of the applicant,

including employees and contractors,

who may be dermally exposed to the

substance shall use:

a. Gloves determined by the applicant

to be impervious to the substance under

the substance under the conditions of

exposure, including the duration of

exposure. The applicant shall make this

determination either by testing the

gloves under the conditions of exposure

or by evaluating the specifications

provided by the manufacturer of the

gloves. Testing or evaluation of

specifications shall include

consideration of permeability,

penetration, and potential chemical and

mechanical degradation by the PMN

substance and associated chemical

substances;

b. Clothing which covers any other

exposed areas of the arms, legs, and

torso; and

c. Chemical safety goggles or

equivalent eye protection.

X. What Records must be kept for this

TME?

The applicant shall maintain the

following records until 5 years after the

date they are created, and shall make

them available for inspection or copying

in accordance with section 11 of TSCA:

1. Records of the quantity of the TME

substance produced and the date of

manufacture.

2. Records of dates of the shipments

to each customer and the quantities

supplied in each shipment.

3. Copies of the bill of lading that

accompanies each shipment of the TME

substance.

4. Records documenting compliance

with the personal protective equipment

requirements, including copies of any

determination that the protective gloves

used by the applicant are impervious to

the substance.

XI. What was EPA’s Risk Assessment

for this TME?

EPA identified no significant

environmental concerns for the test

market substance; however, human

health concerns were raised for the

substance. Specifically, Agency

reviewers identified potential concerns

for severe irritation or corrosion to the

skin and eye. These concerns were

mitigated due to the required use of

appropriate personal protective

equipment. Therefore, the test market

activities will not present any

unreasonable risk of injury to human

health or the environment.

XII. Can EPA Change Its Decision on

this TME in the Future?

Yes. The Agency reserves the right to

rescind approval or modify the

conditions and restrictions of an

exemption should any new information

that comes to its attention cast

significant doubt on its finding that the

test marketing activities will not present

any unreasonable risk of injury to

human health or the environment.

List of Subjects

Environmental protection, Test

marketing exemptions.

Dated: June 13, 2000.

Flora Chow,

Chief, New Chemicals Notice Management

Branch, Office of Pollution Prevention and

Toxics.

[FR Doc. 00–15380 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–F