L E Albemarle Corporation

45] Florida Street Telephone: 225-388-8011

Baron Rouge, Louisiana 70801-1765 Facsimile: 225-388-7686

December 15, 2009

Lisa P. Jackson, Administrator

U.S. Environmental Protection Agency

1200 Pennsylvani a Avenne, NW (110 IA)

Washington, DC 20460

Re: EPA-Industry DccaBD E Phase-Out Initiative

Dear Administrator Jack son :

This letter confirms our commitment to phase out production of decabromodiphenyl ether

(decaBDE) in the United States no Iater than December 2012, as part of the EPA-Industry

DecaBDE Phase-Out Initiative that has resulted from recent discussions between the major

manufacturers and importers of dec aBDE and EPA staff.

Schedule

We intend to meet this commitment by phasing out sales over the next three years according to

the following schedule:

December 3 1, 20 I0

December 3 1, 20 12

Electrical and electronic equipment (except as used In transportation

equipment)

All other uses except transportation and military uses, as noted below.

Some customers may transition to alternative materials that we have developed ahead of the

schedule set forth above. At the same time, we are aware that qualifying new materials is a

complicated exercise that takes time. If we identify specific uses that may require more time,

we will notify EPA. Similarly. if we identify uses that cannot be replaced. we will notify EPA.

We are not aware of any such uses at this time.

Transportation and Militant" Uses

Transportation (e.g., automobiles. airplanes, certain warehousing and shipping equipment) and

military uses may require an additional year to complete the phase out. This is primarily because

of the complexity of these uses (cars and planes have a very large number of parts that rely on

flame retardant chemistry) and lead times for qualifying new materials. We are committing to

phase out of these uses on or before December 31, 2013.
Annual Reporting

We will submit an annual progress report to EPA comparing our total US production and

sales figures for the previous year to a 2008 baseline. We will provide confidential and

non-confidential versions of those reports and comply with Confidential Business Information

(CBI) handling procedures under the Toxic Substances Control Act (TSCA). The first reports

will be submitted in 2011 and will provide information on 2010 production and sales.

This reporting is intended to demonstrate reasonable progress each year toward our goal of

achieving a complete phase out by the end of 2013.

Unsold Inv entory

While we intend to cease production of decaBDE for most uses as of the end of 2012, it is

possible that we will have some unsold inventory on hand when production is stopped.

We would expect to sell any such remaining inventory within the first six months after the end of

the production phase out period. If we require more time, we will notify EPA. We do not intend

to stockpile product either before or during the initiative, but we want to make clear that we may

need to sell out ordinary inventory beyond the commitment period.

Resale of Products and Use of Recycled Materials

The voluntary phase out of decaBDE will not affect sale/resalc/reuse/disposallcontinued use of

finished products made with pre-phase out deca-BDE, the recycling of products that contain

decaBDE, or the sale of any products made from recycled materials. We understand EPA may

take regulatory action to address import of articles that contain deca-BDE to coincide with the

end of the phase-out period.

Conclusion

We have issued a public statement announcing our plans to phase out decaBDE as well as the

availability of alternative materials. We are committed to this voluntary phase out. At the same

time, we wish to reaffirm our belief in the safety of decaRDE. DecaBDE has been used as an

effective flame retardant for more than 30 years, and we believe its use has saved many hundreds

of lives.

We understand that this letter and our non-confidential progress reports will be posted on EPA's

web site, along with our final letter confirming that all production of decaBDE in the US has

been discontinued.

Thank you.

Sincerely yours,

David W. Clary

Vice President and Chief Sustaina lity Officer

Albemarle Corporation