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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, H eather; Sadowsky, Don Subject: RE: test rule for sodium erythrobate and oxalic aci d Attachments: 4719-04-4 HPV2 MEA Triazine TSCA Test Rule Exemptio n 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 Cu stoms. The effective date of the HPV 2 test rule i s February 7, 2011. According to the information you provided in your February 13, 2014, email, ChemOne would be co nsidered 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 exempti on request for oxalic acid. The exemption request would be based on the fact that testing has been sponsored by another test spo nsor (Univar USA Inc. and WEGO Chemical and Mineral Corp oration under the auspices of Greenwich Chemical Co nsulting, Inc.) in order to come into compliance with the tes t rule.

Here are some instructions for applying for an exem ption request:

Applying for an Exemption
EPA’ s Procedures Governing Testing Consent Agreements a nd Test Rules (40 CFR part 790), provide for exempt ions 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 tes ting under the test rule by another test sponsor). 40 CFR § 790.87. Conditional exemptions are granted to a company tha t agrees to pay fair and equitable reimbursement to the company upon whose data the granting of my application is b ased. See, 40 CFR § 790.99. Your request, however, is not based on data availability and no other company has agreed t o conduct the testing. An exemption, therefore, is not warranted.

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

a) The identity of the test rule, the chemical iden tity, and the CAS No. of the test substance on whic h the application is based. (b) The specific testing requirement(s) from which an exemption is sought and the basis for the exempt ion request. (c) Name, address, and telephone number of applican t. (d) Name, address, and telephone number of appropri ate individual to contact for further information. (e)(1) If required in the test rule to establish eq uivalence: (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 rep resentative 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 stateme nt of agreement of reimbursement (40 CFR 790.99)

A sample exemption request is also attached.

Hope this helps,

John2 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 ac id

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 ac id

Sue,

We are looking at this and will get back to you ear ly 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 ac id Importance: High

John- I left you a phone message regarding sodium e rythrobate and oxalic acid... . As it turns out sodium erythrobate was last importe d 09/08 2010 and would require a letter of no impor t for 2011.

For Oxalic acid, the product was owned by Chem One , in China, on Feb 1 st 2011. However, it did not arrive at the US port until 2/15/ 2011.3 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 st ep. 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 ac id

Thanks, John, for you follow up email. I will proba bly 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 ac id

Dear Sue,

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

Following up on our telephone conversation --

ChemOne’s letter would not request an exemption, bu t instead should state that Chem One, Ltd., is not subject to the test rule because ChemOne has not imported or manufactur ed either chemical since the test rule became effec tive.

As before, the letter should be mailed to the docum ent control office, with the docket number indicate d. 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: 202-564-81734 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 th e 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 i m port’ effective january 2011. Please advise how I would proceed in order to re p ly to the letter from Paul Lewis. Thanks for your help. Regards, Sue Palmer-Koleman, PhD

281 653 0150 Chem One LTD

Houston TX