p. 1 

Dow AgroSciences 

9330 Zionsville Road Indianapolis, IN 46268 

Bldg 308/2E 

November 13, 2013 

OPPT Document Control Office (DCO) 

EPA East Building Room E6428 (202-564-8930) 

U.S . Environmental Protection Agency 

1201 Constitution Ave., NW, 

Washington, D.C . 20004, 

Attention: 40 CFR 799.5087 ; Docket ID Number EPA-HQ-OPPT-2007-0531 . 

www.dowagro.com 

CBIC Control Number 

356948 

Subject: Extension Request for testing of Phosphorochlorideothioic Acid, 0,0-diethyl Ester (DEPICT) 

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Dow AgroSciences had submitted a request to exempt DEPICT from the testing two years ago, but just recently (on 19 

September 2013) we learned this exemption request was denied (see attached). Therefore we had not anticipated this 

testing in the near term or development of a study plan while we are short-staffed. Our laboratory is over-capacity in th~-

near term and we respectfully request a 10 week extension for submission of the study plan (to February 28, 2014) and 

submission of the final report of test results (to Dec 31, 2014). 

Dow AgroSciences is committed to complying with these testing requirements, but need the flexibility accomplished with 

more time. As stated in our original exemption request, the risk to human health or the environment is minimal for this 

HPV raw material used in the production of chlorpyrifos, so hopefully this short extension can be accommodated. If you 

have questions, please contact me at 317-337-3774 or dwlickfcldt@dow.com. 

Respectfully, 

Darin Lickfeldt, Ph.D. 

U.S . Regulatory Manager; 

Regulatory Science & Government Affairs 

Dow Agrosciences LLC , , 

9330 Zionsville Rd. 

Indianapolis, IN 46268 

Office : 317-337-3774 

Fax: 317-337-4649 

dwlickfeldt@dow.com 

-- Trademark of The Dow Chemical Company (`Dow") or an affiliated company of Dow 
JoSeD srqTes 

bZ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C . 20460 ~u((~o Complimentary `~Nr c~~ A~ PAO<E 

~Ep 19 . 2013 

Kenneth D. Racke, PhD 

Regulatory Manager-U.S . Regulatory 

Dow AgroSciences, LLC 

9330 Zionsville Road 

Indianapolis, IN 46268-1054 

copy 

OFFICE OF CHEMICAL SAFETY 

AND POLLUTION PREVENTION 

Re: Test Requirements for Phosahorochloridothioic Acid, O-0-diethyl Ester 

Dear Dr. Racke: 

This is in response to your letter dated March 7, 2011, requesting an exemption from the 

test requirements for phosphorochloridothioic acid, 0,0-diethyl ester (CASRN 2524-04-1) (aka 

diethylchlorothiophosphate) (DEPICT) in a test rule that EPA issued under section 4 of the Toxic 

Substance Control Act (TSCA) on January 7, 2011 (76 FR 1067). As explained below, EPA is 

denying this request. 

According to your letter, DEPCT should be exempt from testing under the test rule 

because it has "extremely limited use and limited potential for human exposure" and, therefore, 

"does not meet the requirements for testing under TSCA Section 4" More specifically, your 

letter notes that : "While Dow AgroSciences imports more than 1 million pounds of DEPICT per 

year, based on the limited operational demands the number of employees with potential for 

exposure is substantially less than 1,000." Your letter states that, since the Albemarle 

Corporation stopped manufacturing DEPCT in January 2006, Dow AgroSciences is now the sole 

importer of DEPCT and there is no domestic manufacture, that Dow AgroSciences only uses 

DEPCT at a single manufacturing site as a raw material to produce a regulated pesticide, that 

Dow AgroSciences reported only "25-50 employees potentially exposed to DEPCT" in its 2006 

Inventory Update Rule (IUR) report and "this number continues to reflect annual coverage over 

all work shifts, not daily individual exposure," in 2011, and that worker exposure to DEPCT at 

the site is "extremely limited as a result of both adherence to MSDS personal protective 

equipment recommendations and employment of strict industrial hygiene requirements 

established by the Dow Chemical Company which operates the production site." 

EPA's Procedures Governing Testing Consent Agreements and Test Rules (40 CFR part 

790), however, 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 

Internet Address (URL) " hitp:/Avww.epa .gov 

Recycled/Recyclable " Printed with Vegetable Oil Based Inks on 700% Postconsumer. Process Chlorine Free Recycled Paper 
available, through testing under the test rule by another test sponsor) . 40 CFR § 790.87. Your 

request for an exemption is not based upon data availability, and an exemption is, therefore, not 

warranted. 

In addition, when EPA proposed the test rule on July 24, 2008, (73 FR 43314) and issued 

the final test rule on January 7, 2011, (76 FR 1067) it used the best information available at the 

time and found that DEPCT met the requirements for testing under TSCA section 4(a)(1)(B) and 

EPA's "B" policy for making "substantial" exposure findings (58 FR 28736; May 14, 1993). 

TSCA section 4(a)(1)(B) requires EPA to show, among other things, that a chemical is produced 

or imported in "substantial" quantities and that it either enters the environment in "substantial" 

quantities or that there is "substantial" or "significant" human exposure. EPA's "B" policy 

defines substantial production as more than one million pounds per year and substantial human 

exposure as more than one thousand workers, or more than ten thousand consumers, or a general 

population of more than one hundred thousand people. Specifically, EPA found that DEPCT was 

produced in more than one million pounds per year based on the 2006 IUR and that there were 

more than one thousand workers exposed based on the 2006 IUR and the National Occupational 

Exposure Survey (NOES). During the sixty day public comment period provided by the 

proposed rule, the Albemarle Corporation commented that it had stopped production . EPA 

concluded, however, that, based on the 2006 IUR, total production was still greater than one 

million pounds and, based on NOES, more than one thousand workers were still exposed. 76 FR 

1076-77. The proposed rule also expressly requested comments on whether DUCT was a 

"closed system intermediate," but no comment on this question was received from any chemical 

manufacturer. 

For these reasons, EPA is denying your request to exempt DEPCT from the test 

requirements in the test rule . However, given EPA's delay in responding to your request, EPA is 

extending the deadlines for complying with the requirements for testing this chemical. Dow Agro 

Sciences must submit a letter-of-intent-to-test to EPA by October 16, 2013, a study plan by 

December 16, 2013, and a final report on the test results by October 16, 2014. If these 

requirements are not met, EPA will pursue appropriate regulatory compliance actions. 

If you have any questions about this letter, please contact John Schaeffer of my staff 

(schaeffer.john@epa.gov; 202-564-8173). 

Paul Lewis, Ph.D. 

Chief 

Chemical Information and 

Testing Branch (MC 7405M) 

Cc: Docket EPA-HQ-OPPT-2009-0112