To : Will Pettit <WPettit@TSGUSA.COM>,

Cc: John Schaeffer/DC/USEPA/US,

Bcc:

Subject: RE: HPV Group 3 Test Rule Question TSG CASRN # 68442-60-4

From: Paul Campanella/DC/USEPA/US - Thursday 02/02/2012 02:24 PM

Will, This response from our Office of General Counsel should clarify your responsibilities.

40 CFR 799.5089 (HPV 3) states the following:

(b) Am I subject to this section ? (1) If you manufacture (including import) or intend to manufacture, or

process or intend to process, any chemical substance listed in Table 2 in paragraph ( j ) of this section

at any time from November 21, 2011 to the end of the test data reimbursement period as defined in

40 CFR 791.3(h), you are subject to this section with respect to that chemical substance.

Since import took place before November 21, 2011 TSG is not currently subject to the rule. Under

799.5089, activities that would subject TSG to the rule are manufacture (here we're talking about import)

and processing. None of the three options TSG discuss below (export, waste disposal, or sale in the U.S.)

constitute manufacture or processing. However, if a U.S. company buys from TSG and processes the

material, that purchaser may become subject to the rule.

Paul J. Campanella, Ph.D.

Chemical Information and Testing Branch

Chemical Control Division

U.S. Environmental Protection Agency

Washington, D.C.

202-564-8091

Will Pettit 02/01/2012 09:04:02 PM Hi Mr. Campanella, Thanks again for discussing...

From: Will Pettit <WPettit@TSGUSA.COM>

To: Paul Campanella/DC/USEPA/US@EPA

Cc: Saadia Eltayeb <SEltayeb@TSGUSA.COM>, John Schaeffer/DC/USEPA/US@EPA

Date: 02/01/2012 09:04 PM

Subject: RE: HPV Group 3 Test Rule Question



### Hi Mr. Campanella,

Thanks again for discussing the HPV Group 3 Test Rule with me last week. I just wanted to follow up to

see if you had a chance to respond to my questions below.

Your assistance is greatly appreciated!

Thanks,

Will

Will Pettit | Regulatory Consultant

Technology Sciences Group Inc. (TSG)

1150 18 th Street, NW, Suite 1000 | Washington, DC 20036Tel: 202.828.8994 | Fax: 202.872.0745 | wpettit @ TSGUSA

. com

Visit us at www

. TSGUSA

. com

From: Will Pettit

Sent: Wednesday, January 25, 2012 4:34 PM

To: 'campanella.paul@epa.gov'

Cc: Saadia Eltayeb; 'schaeffer. j ohn@epa.gov'

Subject: HPV Group 3 Test Rule Question



### Dear Mr. Campanella,

Thank you for discussing my test rule questions on the phone today. I would greatly appreciate your

assistance in answering the following questions pertaining to the final rule published on October 21,

2011 on testing of the third group of HPV chemicals:

‐ Company A imported a chemical subject to this rule prior to the effective date of the final

rule of November 21, 2011. Imports have not occurred since November 21, 2011. While

Company A has a small inventory of the chemical remaining, they do not plan to continue

importing this chemical. Of the following three options, which would allow Company A to

remain outside the scope of the test rule?

o Export the remaining inventory of the chemical back to the foreign supplier

o Dispose of the remaining inventory of the chemical as waste

o Sell the remaining inventory in the United States

Thank you again for your assistance.

Please let me know if you require any further information.

Kind regards,

Will

Will Pettit | Regulatory Consultant

Technology Sciences Group Inc. (TSG)

1150 18 th Street, NW, Suite 1000 | Washington, DC 20036

Tel: 202.828.8994 | Fax: 202.872.0745 | wpettit @ TSGUSA

. com

Visit us at www

. TSGUSA

. com

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