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Njo, Heather

From: Schaeffer, John

Sent: Tuesday, February 18, 2014 10:42 AM

To: Sue Palmer-Koleman

Cc: Melanie Koch; Lewis, Paul; Mattheisen, Mike; Njo, Heather; Sadowsky, Don

Subject: RE: test rule for sodium erythrobate and oxalic acid

Attachments: 4719-04-4 HPV2 MEA Triazine TSCA Test Rule Exemption Request Nov 2013.pdf

Sue, 

In regards to your question concerning oxalic acid (HPV 2 Test Rule chemical CASRN 144-62-7) the date of import is the 

date that the imported substance goes through US Customs. The effective date of the HPV 2 test rule is February 7, 

2011. According to the information you provided in your February 13, 2014, email, ChemOne would be considered 

subject to the test rule for this chemical. 

Given that, ChemOne must submit either a letter-of-intent-to-test (and conduct testing), or an exemption request for 

oxalic acid. The exemption request would be based on the fact that testing has been sponsored by another test sponsor 

(Univar USA Inc. and WEGO Chemical and Mineral Corporation under the auspices of Greenwich Chemical Consulting, 

Inc.) in order to come into compliance with the test rule. 

Here are some instructions for applying for an exemption request: 

Applying for an Exemption

EPA’s Procedures Governing Testing Consent Agreements and Test Rules (40 CFR part 790), provide for exemptions from 

test rules (40 CFR part 790, subpart E) only 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. 

Conditional exemptions are granted to a company that agrees to pay fair and equitable reimbursement to the company 

upon whose data the granting of my application is based. See, 40 CFR § 790.99. Your request, however, is not based on 

data availability and no other company has agreed to conduct the testing. An exemption, therefore, is not warranted. 

An exemption request must contain the following information (see 40 CFR 790.82) 

a) The identity of the test rule, the chemical identity, and the CAS No. of the test substance on which the application is 

based. 

(b) The specific testing requirement(s) from which an exemption is sought and the basis for the exemption request. 

(c) Name, address, and telephone number of applicant. 

(d) Name, address, and telephone number of appropriate individual to contact for further information. 

(e)(1) If required in the test rule to establish equivalence: 

(i) The chemical identity of the test substance on which the application is based. 

(ii) Equivalence data specified in § 790.85. 

(2) If a test rule requires testing of a single representative substance, EPA will consider all forms of the chemical subject 

to that rule to be equivalent and will not require the submission of equivalence data as described in § 790.85. 

The exemption request must also contain the statement of agreement of reimbursement (40 CFR 790.99) 

A sample exemption request is also attached. 

Hope this helps, 

John 
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John Schaeffer 

Senior Biologist 

USEPA/OPPT/CCD/CITB 

1201 Constitution Ave, NW 

Washington, DC 20460 

Mail Code: 7405M 

Phone: 202-564-8173

From: Sue Palmer-Koleman [mailto:sue@chemone.com] 

Sent: Friday, February 14, 2014 2:12 PM 

To: Schaeffer, John 

Cc: Melanie Koch; Lewis, Paul; Mattheisen, Mike; Njo, Heather; Sadowsky, Don 

Subject: RE: test rule for sodium erythrobate and oxalic acid 

Thank you, John. I appreciate your consideration. 

Regards, Sue 

From: Schaeffer, John [mailto:Schaeffer.John@epa.gov] 

Sent: Friday, February 14, 2014 12:25 PM 

To: Sue Palmer-Koleman 

Cc: Melanie Koch; Lewis, Paul; Mattheisen, Mike; Njo, Heather; Sadowsky, Don 

Subject: RE: test rule for sodium erythrobate and oxalic acid 

Sue, 

We are looking at this and will get back to you early next week. 

Best regards, 

John 

John Schaeffer 

Senior Biologist 

USEPA/OPPT/CCD/CITB 

1201 Constitution Ave, NW 

Washington, DC 20460 

Mail Code: 7405M 

Phone: 202-564-8173

From: Sue Palmer-Koleman [mailto:sue@chemone.com] 

Sent: Thursday, February 13, 2014 11:26 AM 

To: Schaeffer, John 

Cc: Melanie Koch; Lewis, Paul 

Subject: RE: test rule for sodium erythrobate and oxalic acid 

Importance: High 

John- I left you a phone message regarding sodium erythrobate and oxalic acid... . 

As it turns out sodium erythrobate was last imported 09/08 2010 and would require a letter of no import for 2011. 

 For Oxalic acid, the product was owned by Chem One, in China, on Feb 1st 2011. However, it did not arrive at the US 

port until 2/15/ 2011. 

 
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What do you take as the “last date of import”? 

1- Date of ownership 

2- Date when arrived at the US port? 

Once I know that, you and I can discuss the next step. 

 Thanks for your help! 

Regards, Sue 

From: Sue Palmer-Koleman 

Sent: Tuesday, February 11, 2014 2:40 PM 

To: 'Schaeffer, John' 

Cc: Melanie Koch; Lewis, Paul; Mattheisen, Mike; Njo, Heather 

Subject: RE: test rule for sodium erythrobate and oxalic acid 

Thanks, John, for you follow up email. I will probably have the letter ready tomorrow- hard copy to the docket and pdf to 

you! 

I appreciate your helping me with this, today! 

Regards, Sue 

From: Schaeffer, John [mailto:Schaeffer.John@epa.gov] 

Sent: Tuesday, February 11, 2014 2:36 PM 

To: Sue Palmer-Koleman 

Cc: Melanie Koch; Lewis, Paul; Mattheisen, Mike; Njo, Heather 

Subject: RE: test rule for sodium erythrobate and oxalic acid 

Dear Sue, 

RE: Request for Chem One Ltd. response letter to EPA’s letter dated February 7, 2014

Following up on our telephone conversation -- 

ChemOne’s letter would not request an exemption, but instead should state that Chem One, Ltd., is not subject to the test 

rule because ChemOne has not imported or manufactured either chemical since the test rule became effective. 

As before, the letter should be mailed to the document control office, with the docket number indicated. I would 

appreciate it if you would email a pdf copy of the letter to me. 

Finally, if Chem One, Ltd. should import either of these substances during the effective period of the rule (February 7, 

2011, until the end of the sunset period for these chemicals, then Chem One, Ltd., would, at that time, become subject to 

the test rule 

Hope this is helpful. 

Best regards, 

John 

John Schaeffer 

Senior Biologist 

USEPA/OPPT/CCD/CITB 

1201 Constitution Ave, NW 

Washington, DC 20460 

Mail Code: 7405M 

Phone: 202-564-8173
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From: Sue Palmer-Koleman [mailto:sue@chemone.com] 

Sent: Tuesday, February 11, 2014 12:31 PM 

To: Schaeffer, John 

Cc: Melanie Koch 

Subject: test rule for sodium erythrobate and oxalic acid 

 Dear John: I left you a phone message regarding the test rule for oxalic and sodium erythrobate. 

Yesterday I received the attached letter from Paul Lewis. 

 In 2011 I had submitted a letter “non intent to import’ effective january 2011. 

 Please advise how I would proceed in order to reply to the letter from Paul Lewis. 

 Thanks for your help. 

 Regards, 

Sue Palmer-Koleman, PhD 

 281 653 0150 

 Chem One LTD 

 Houston TX