p. 1 Dow AgroSciences

9330Zionsville Road Indianapolis, IN 46268

Bldg 308/2E November 13, 2013 OPPT Document Control Office (DCO) EPA East Building RoomE6428 (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) N 0 w O

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It May Concern: Dow AgroSciences had submitted a request to exempt DEPICT fromthe testing two years ago, butjust recently (on 19 September 2013)we learned this exemption request was denied (see attached) . Thereforewe 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 termandwe respectfully request a 10 week extensionfor 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 humanhealth or the environment is minimal for this HPVraw

material used in the production of chlorpyrifos, so hopefully this short extensioncan 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, IN46268 Office: 317-337-3774 Fax: 317-337-4649 dwlickfeldt@dow

.com

-- Trademark ofThe Dow Chemical Company (`Dow") or an affiliated company of DowJoSeD srqTesbZ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

# Complimentary ~u((~

# o `~Nr c~~ A~ PAO<E 

## ~Ep 19.2013

Kenneth D

. Racke, PhD Regulatory Manager-U.S. Regulatory Dow AgroSciences, LLC 9330Zionsville Road Indianapolis, IN 46268-1054 

# copy

OFFICE OF CHEMICAL SAFETY AND POLLUTIONPREVENTION

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 fromthe test requirements for phosphorochloridothioic acid, 0,0-diethyl ester (CASRN 2524-04-1) (aka diethylchlorothiophosphate) (DEPICT) in atest rule that EPAissued 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 DEPCTand there is no domestic manufacture, that Dow AgroSciences only uses DEPCT at asingle 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 DEPCTat 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 CFRpart 790), however, provide for exemptions fromtest rules (40CFRpart 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 Paperavailable, throughtesting underthe 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 EPAproposed thetest 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 EPAto 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, EPAfound that DEPCT was produced in more than one million pounds per year based on the 2006 IURand that there were more than one thousand workers exposed based on the 2006 IURand the National Occupational Exposure Survey (NOES) . During the sixtydaypublic 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. Theproposed rule also expressly requested comments on whether DUCT was a "closed systemintermediate," but no commenton this question was received fromany chemical manufacturer. For these reasons, EPAis denying your request to exempt DEPCT fromthe test requirements in the test rule. However, given EPA's delay in responding to your request, EPAis extending the deadlines for complying with the requirements for testingthis chemical . Dow Agro Sciences must submit a letter-of-intent-to-test to EPAby 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 (MC7405M) Cc: Docket EPA-HQ-OPPT-2009-0112