Dow AgroSciences LLC 9330Zionsville Road Indianapolis, IN 46268-1054 March 7, 2011 

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Document Control Office (7407M) Office of Pollution Prevention and Toxics U .S. Environmental Protection Agency EPAEast Building, Room 6428 1201 Constitution Avenue, NW Washington, DC 20460 Attention: TSCASection 4 Final Rule for 19 Orphan High Production Volume (HPV) Chemicals iv Letter of Response for Phosphorochloridothioic acid, 0,0-diethyl ester (DEPC~ CAS Number : 2524-04-1 This is a letter of response to the final TSCA Section 4 test rule on 19 HPV "orphan" chemicals datedJanuary 7, 2011 (76 FR 1067) for phosphorochloridothioic acid, O,0- diethyl ester, CAS Number 2524-04-1, commonly knownas diethylchlorothiophosphate (DEPCT) . In the 2006 IURreport, DEPCTwas reported as being manufactured by Albermarle Corporation and imported by The Dow Chemical Company (Dow). We have enclosed a letter from

Albermarle which indicates that they exited this business in 2006. Based upon this information, it is our understanding that Dow AgroSciences (a subsidiary of Dow) is now

the sole U

.S. importer of DEPCTand there is no commercial manufacture in the U .S. DEPCT is used by Dow AgroSciences at a single manufacturing site in Midland, Michigan, as a raw material in the production of a FIFRA-regulated pesticide product. EPAhas stated that it is requiring testing ofchemical substances in this final test rule based on its findings under TSCA section 4(a)(1)(B)(i) relating to "substantial" production and "substantial humanexposure" . It is further stated that "substantial production" is generally considered to be aggregate production volume (including import) exceeding 1 million lbs per year and "substantial exposure" is generally considered to be exposure of 1,000workers or more on a routine or episodic basis.' While Dow

AgroSciences imports more than 1 million pounds of DEPCT per year, based on the limited operational demands the number of employees with potential for exposure is substantially less than 1,000 . In fact, for the 2006 IUR Report we reported 25-50employees potentially exposed to DEPCT, andfor 2011 this number continues to reflect annual coverage over all work shifts, not daily individual exposure. Employee or worker exposure to DEPCT in the Midland, Michigan operations is extremely limited as a result of both adherence to MSDS personal protective equipment 1 76FR 1067, January 7, 2011, Section IV .A, p. 1070 

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### 0recommendations and employment of strict industrial hygiene requirements established

by The Dow

Chemical Companywhichoperates the production site. WhileTSCA Section 4testing is triggered in part by substantial humanexposure, this does not occur during manufacturing operations involving DEPCT. Full protective equipment (eye and skinprotection) is employed to prevent dermal, eye, and clothing contact and mist or vapor inhalation of DEPCT is mitigated through the use of respiratory protection. Due to this extremely limited use and limited potential forhumanexposure, Dow AgroSciences believes that DEPCTdoes not meet the requirements for testing under TSCA Section 4 and should be exempted fromrequirements for testing under this Final Rule. If, after considering the details of this request, EPAdoes not agreewith the conclusion that DEPCT should be exempted fromrequirements for testing under this Final Rule, it would be Dow

AgroSciences intent to address all testing requirements for DEPCT (phosphorochloridothioic acid, O,O-diethyl ester), CAS Number 2524-04-1, as outlined in the Final Rule ofJanuary 7, 2011 . We would be happy to provide additional information to informthe EPA's decisionmaking regarding DEPCTtesting, and also to discuss further our position with you. Please feel free to contact me or the Registration Assistant for this product, JoyceCarroll (phone: 317-337-4631) . Sincerely, 

### ~`1~J Kenneth D

. Racke, Ph.D

. Regulatory Manager - U .S. Regulatory (317) 337-4654 Email : kracke@dow

.com / ,

enc. Copy of letter from Albermarle Corporation dated February 3, 2011~ 

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451 Florida Street Telephone: 225- 188-8011 Baton Rouge, Louisiana 70801-1765 Facsimile: 225-3H8-76H6 

### February 3, 2011 Paul Vammer Business Manufacturing Director Dow Agro Science 9330Zionsville Rd Indianapolis, IN 46268 Dear Mr. Vammer, This is to informand confirmto Dow Agro Science that Albemarle Corporation, effective, January 2006, has ceased production and sales of DECTP (phosphorochloriodothioic acid 0,0-diethyl ester (CAS Number 2524-04-1) . If you have any questions regarding this product please contact our sales associate Albert Pacella at 330 953 2321 .

, Regards David W . DeCuir Business Director, Fine Chemistry Services Albemarle Corporation cc: Doug Line - Dow Agro Science