May 16, 2014 

Director Tanya Hodge Mottley

National Programs Chemicals Division

Office of Pollution Prevention and Toxics

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

Dear Director:

The intent of this letter is to supply the additional information requested in your letter dated 

May 5, 2014 concerning Nation Ford Chemical’s (NFC) desire to import Chloranil (CAS # 

118-75-2) from two Chinese manufacturers and for NFC to be granted a waiver from the 

Dioxin/Furan Test Rule (D/F Test Rule) testing requirements. The following section re-states 

each of the eight (8) requests and then provides the information requested in italicized text or 

references the attachment that contains the requested information. All confidential 

information is underlined.

Request 1. Detailed information on: 

(a) How the $200,000 estimated cost for testing pursuant to the D/F Test Rule was 

determined: 

Contained in Attachment 1.

(b) Whether NFC is contemplating a waiver in which alternative testing of each lot 

would be a condition of the waiver:

NFC’s desire is to follow the guidelines of the MOU, which requires certification from 

the manufacturer that each shipment is LDC. Under the MOU, it is up to the foreign 

manufacturer to determine how often to test. 

(c) If not, what type of alternative monitoring/sampling plan, if any, NFC contemplates 

as a condition of the waiver:

If following the guidelines in the MOU is not acceptable, NFC would be willing to have 

SGS test a composite sample of every lot using the E VDI3499 test method. Only 

LDC would be allowed to be shipped. This plan would add about $0.08/lb of Chloranil

for the 5 MT lots. 

(d) Typical size of a lot:

Contained in Attachments 2 and 3.

Request 2. Detailed information on how the cost of testing affects NFC’s market 

position on the product (VP23) from Chloranil, i.e.:

(a) Current product market value, e.g., dollars/pound:
Chloranil 

May 16, 2014

Page 2 of 3

Confidential

(b) Current NFC product value:

Confidential

(c) NFC product value when manufactured with Chloranil:

Confidential

(d) NFC product value with cost of testing added:

Confidential

Request 3. Chloranil analysis from one of the sources from China:

Contained in Attachment 4.

Request 4. Data from the second source from China and also from Clariant: 

Contained in Attachments 5 and 6, respectively.

Request 5. An explanation of whether or not the laboratories for the China sources 

(SGL Germany) use EPA-approved analytical protocols:

The Chinese companies use the E VDI3499 test method, which we understand is the 

most accepted international method for conducting this analysis.

Request 6. An explanation of whether or not the laboratories used for Clariant use 

EPA-approved analytical protocols:

Clariant uses the E VDI3499 test method, which we understand is the most accepted 

international method for conducting this analysis.

Request 7. Evidence to support the statement that Clariant is the sole source of 

Chloranil for the US market: 

It is common knowledge in the industry that Clariant is the sole source of Chloranil in 

the US market. The EPA recognizes that there is no domestic production in the 

memo in Attachment 7(memo of April 14, 2006, page 4, yellow highlight). Clariant is 

the only company presently producing Chloranil that has done the testing required by 

the EPA. The product they offer to the market is produced at a Clariant facility in 

India. The only countries known to produce Chloranil are India and China. The only 

recorded imports of Chloranil since Jan 2012 have been from Clariant in India. This 

information is available from Zepol, an import bill of lading service receiving its 

information from U.S. Customs. The Zepol results are contained in Attachment 8.

Request 8. Information on the protocol used by the Analytical Perspective laboratory 

to analyze Chloranil: 

Contained in Attachment 9.

If you have any questions or concerns regarding this information, please contact me at your 

earliest convenience.
Chloranil 

May 16, 2014

Page 3 of 3

Sincerely, 

Phillip McCarter

 Vice President

encl: Attachments 1-9

cc: Jay Dickson, Nation Ford Chemical

 John Dickson, Nation Ford Chemical

 Steve Schmidt, Sun Chemical

 Hiroshi Dodohara, US EPA