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U.S. Department of Health and Human Services

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Environmental Decision Memo for Food Contact Notification No. 000079

Date: June 23, 2000

 

From: Chemist, Environmental Review Team (ERT)
Division of Product Manufacture and Use (HFS-246)

 

Subject: Premarket Notification FCN No.000079 - High silicon iron (Duriron) for use in food service applications such as pump and pipe materials

 

Notifier: Flowserve Corporation
Dayton, Ohio, 45401

 

To: Division of Petition Control (HFS-215)
Attention: Ellen M. Waldron
Through: Team Leader, ERT

 

 

Attached is the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) that we have prepared for the above cited PMN submission. When this notification becomes effective, the EA/FONSI may be made available to the public. Please let us know if there is any change in the identity or use of the food contact substance that would be inconsistent with the identity and use described in the FONSI.

 

 

 

John L. Dennison

 

 



 



 

Environmental Assessment for FCN No. 000079

 

 

1. Description of the Proposed Action

The proposed action, requested by Flowserve Corporation, is to provide for a high silicon iron alloy to be used in pump and pipe materials that are used to transport foods. The components of the alloy are as follows: iron, silicon, manganese, carbon, chromium, copper, and molybdenum. This action was originally requested by Flowserve Corporation in a Threshold of Regulation (TOR) exemption request on July 2, 1999 (TOR No. 223). The Flowserve Corporation confirmed, in a telephone conversation with the agency, that the high silicon iron alloy was intended for repeated use and that no extraordinary circumstances exist that would require the submission of an EA. Therefore, FDA determined that the TOR exemption request would qualify for a categorical exclusion under 21 CFR 25.32(j). This exclusion is for actions for substances used as a component of a food contact surface of permanent or semi-permanent equipment or of another food contact article intended for repeated use.

The Food and Drug Administration Modernization Act (FDAMA) of 1997 (Pub. L. 105-115) amended section 409 of the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a premarket notification (PMN) process as the primary method for authorizing a new use of a food additive that is a food contact substance (FCS). Section 409(h)(6) of the FFDCA defines an FCS as any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting or holding food if such use is not intended to have any technical effect in such food. Under the PMN process, a notification becomes effective 120 days after the date of receipt by FDA, unless FDA determines that, based on the data and information before the agency, the use of the substance is not safe and FDA objects to such notification within the 120-day period. If FDA does not object within 120 days to the use of an FCS that is the subject of a PMN, the substance may be legally marketed for the notified use.

In a letter dated October 26, 1999, the Agency told petitioners and requesters who had pending food additive petitions or TOR exemption requests for the use of an FCS that the petition or TOR exemption request might be eligible for a PMN under section 409(h) of the FFDCA. The sponsors were told that they could consider withdrawing such a petition or TOR exemption request and resubmitting it as a PMN.

On May 2, 2000, Flowserve Corporation requested that TOR 223 be converted to a PMN. The types of substances and the uses of such substances under the categorical exclusion in 21 CFR 25.32(j) are the same whether a sponsor submits a food additive petition, a TOR exemption request, or a PMN. However, a categorical exclusion for allowing a PMN to become effective is not currently one of the enumerated types of actions listed in § 25.32(j). Therefore, we have prepared this environmental assessment (EA) for thePMN submitted by Flowserve Corporation.

2. Environmental Consequences of the Proposed Action

This action involves an FCS that is a component of an article intended for repeated use. The notifier said that the high silicon iron alloy will be used in pumps and piping materials for food-processing equipment. We have found that the very small quantities of substances that could potentially enter the environment from this type of use are highly unlikely to have a significant effect on the environment (see 61 FR 19476 at 19482, May 1, 1996). The basis for the Agency's decision to establish the categorical exclusion in §25.32(j) for food additive petitions and TOR exemption requests is the same basis that would be applicable to PMNs. Therefore, the Agency's experience with the food additive petitions that it reviewed to support a categorical exclusion for such actions is relevant to PMNs. The principal route of potential environmental introduction of the types of substances included under §25.32(j), whether in a food additive petition, a TOR, or a PMN, results from their disposal after use. The likelihood for significant introduction of substances to the environment due to disposal is very low because of the long service life of the food contact equipment of which the food contact substance is a component and because of the limited market volume of the food contact substance.

As noted above, Flowserve Corporation stated in its claim of categorical exclusion that no extraordinary circumstances exist that would require the submission of an EA. Therefore, we do not believe that the conversion of this TOR exemption request to a PMN would alter the fact that no extraordinary circumstances are likely to occur as a result of this action.

3. Alternatives to the Proposed Action

Alternatives to the proposed action need not be considered, because no potential adverse environmental effects have been identified.

4. List of Preparers

John L. Dennison
Chemist
Environmental Review Team
Division of Product Manufacture and Use
Center for Food Safety and Applied Nutrition
Food and Drug Administration

 



 



 

 

Finding of No Significant Impact

A Premarket Notification (FCN No. 000079), submitted by Flowserve Corporation, to provide for the safe use of high silicon iron for use in pump and pipe materials used in transporting foods.

 

 

The Environmental Review Team has determined that allowing this notification to become effective will not significantly affect the quality of the human environment and therefore will not require the preparation of an environmental impact statement. This finding is based on an environmental assessment prepared by a scientist on the Environmental Review Team.

 

 

 

Prepared by: ___________________________________________ Date: June 23, 2000
John L. Dennison, Chemist
Environmental Review Team
Division of Product Manufacture and Use
Office of Premarket Approval
Center for Food Safety and Applied Nutrition
Food and Drug Administration

 

 

 

Approved by: __________________________________________ Date: June 23, 2000
Buzz Hoffmann, Ph.D.,Team Leader
Environmental Review Team
Division of Product Manufacture and Use
Office of Premarket Approval
Center for Food Safety and Applied Nutrition
Food and Drug Administration