1

Njo, Heather

From: Schaeffer, John

Sent: Wednesday, December 18, 2013 3:15 PM

To: Henry L. Ritell

Cc: Lewis, Paul; Mattheisen, Mike; Njo, Heather

Subject: 127-68-4 RE: Sodium Metabenzene Sulfonic Acid - Section 4 TOSCA 127-684

Dear Mr. Ritell, 

RE: Compliance with Testing Requirements under TSCA section 4 for CASRN 127­68­4

EPA understands the necessity you expressed for additional time due to the Holidays, and is granting Rit­Chem Co., Inc. a 

45 day extension to respond to the Agency regarding this matter. With this extension, Rit­Chem’s response is due 

Monday, February 3, 2014. 

Have a good Holiday season, 

John Schaeffer 

Senior Biologist 

USEPA/OPPT/CCD/CITB 

1201 Constitution Ave, NW 

Washington, DC 20460 

Mail Code: 7405M 

Phone: 202-564-8173

From: Henry L. Ritell [mailto:hritell@ritchem.com] 

Sent: Tuesday, December 17, 2013 3:00 PM 

To: Schaeffer, John 

Subject: Sodium Metabenzene Sulfonic Acid - Section 4 TOSCA 127-684 

Dear Mr. Schaeffer, 

Thank you for your e­mail dated November 25th, relative to the subject matter. As explained, Rit­Chem Co., Inc. was 

never officially apprised of a need to register or test the chemical in question. This product has been officially registered 

by several manufacturers domestically and foreign in order to be listed on the Tosca List, going back at least 25­50 years.

Rit­Chem Co., Inc. is not a producer, but imports when and if the product SMNBS is required. Secondly, once a product 

receives a TOSCA designation, which requires specifications, toxicity studies etc., it normally does not compel new 

manufacturers of the same product to “reinvent the wheel.” 

As indicated during our discussion, once Tiarco Chemical Co., (their choice since they are the only domestic producer) 

decided to purchase the old Crown Metro plant in 2006, they had to comply with the EPA requirements. We 

understood Tiarco Chemical has already completed their tests and received final approval. Rit­Chem Co., Inc. has not 

had to face this dilemma, since we chose years ago not to even consider manufacturing SMNBS. This product has always 

been plagued with pollution problems in manufacturing and unable to be competitive with 3rd world countries. 

All that being said, Rit­Chem is first of all, requesting more time to seriously consider our options. This request is based 

on the fact that Tiarco Chemical only brought it to our attention in October. Secondly, knowing the history and the logic 

submitted herewith, we may consider applying for exemption. There are many legal ramifications involved herein such 

as procedures empowering Tiarco Chemicals with a monopoly in the USA. The encouragement by the EPA to have other 
2

companies collude with the only domestic manufacturer of SMNBS in the USA is contrary to free trade and basically  

illegal! 

Rit­Chem Co., Inc. will alternately contact Tiarco Chemical to determine how realistic they are as the umbrella to permit 

other companies to survive competitively. 

Please also bear in mind, Rit­Chem Co., Inc. is a small Chapter S family owned business with no manufacturing facilities!  

To conclude, we have already contacted Tiarco Chemical and are awaiting their response to our offer to negotiate a 

reasonable onetime payment settlement. Please refer to the attached letter by our Vice­President of Purchasing & 

Logistics, Mr. Bruce Ritell to Mr. Kevin J. Nolan, Vice­President/General Manager of Tiarco Chemical.  Obviously, RitChem Co., Inc. will be in compliance as soon as Tiarco completes their negotiations with Bruce Ritell.

We have been assured by Tiarco Chemical that they will be discussing our decision with the EPA, presumably with you.  

Again, we do require an extension of possibly 45­60 days because of the Christmas festive holidays, and the awaiting of 

final negotiations between Bruce Ritell and Kevin Nolan, et. al. 

Thank you for your considerations and cooperation! 

Sincerely, 

Henry L. Ritell ­ President  

Rit­Chem Co., Inc.  

Thornwood, New York, USA  

Ph: 1­914 769­9110  

Fx: 1­914 769­1408  

E­Mail: hritell@ritchem.com