Document NdJg1kM2gxmmzoaj1VMDzELV

W ALKER 201 St . Ch a r l e s Av e n u e N ew O rleans, Louisiana 70170-5100 Fax 504-582-8583 w w w .jonesw alker.com Robert L. Holden Direct Dial: Direct Fax: 504-589-8139 bholden@joneiwalker.com April 19, 2018 Via U.S. Mail and email to: aualitvCa),epa.sov Information Quality Guidelines Processing Staff Mail Code 2821T USEPA 1200 Pennsylvania Ave NW Washington, D C. 20460 Re: Requestfor Extension of Timefor Filing Request ofReconsideration ofRequestfor Correction # 17002 (chloroprene) Our File: 165671-00 Dear Sir or Madam: On January 25, 2018, the U.S. Environmental Protection Agency (EPA) denied (hereinafter referred to as "the Denial") the Request for Correction (RFC) #17002 submitted on behalf of Denka Performance Elastomer LLC (DPE) concerning the 2010 Toxicological Review of Chloroprene (CAS No. 126-99-8) (hereinafter, "the 2010 Review"). Pursuant to the EPA Information Quality Act (IQA) guidelines and the Denial itself, EPA recommends that DPE submit any appeal in the form of a Request for Reconsideration (RFR) within 90 days of the January 25 Denial. That is, by April 25, 2018. The purpose of this letter is to request a 90-day extension of the time allowed for DPE to file its RFR. The IQA Guideline 8.6 provides: EPA recommends that requesters submit their RFR within 90 days of the EPA decision. If the RFR is sent after that time, EPA recommends that the requester include an explanation of why the request should be considered at this time. Jones W alker l u 5 A l abam a :: A r iz o n a :: D e t r ic t o f C o l u m b ia 1 F l o r id a :: G e o r g i a 11 L o u is ia n a :: M ississippi 1 N e w Y o r k :: T exas {N3582529.1} Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00268316-00001 April 19, 2018 Page 2 DPE's RFC and the 47 page Denial involved detailed reviews of the development of the 2010 Review and the analysis of complex issues of science. DPE's RFR similarly involves a rigorous review of the record of this matter, the development process of the 2010 Review, and the underlying scientific issues. In addition, DPE has filed two Freedom of Information Act (FOIA) requests with the EPA on March 6, 2018 (EPA-HQ-2018-005179 and EPA-HQ-2018005180), both of which concern information related to the Denial and the 2010 Review process. The agency has requested additional time to respond to these FOIA requests and has not yet responded. We have also engaged experts to assist DPE in preparing its RFR. Due to the time required to collect all relevant information and documents, and the scientific complexity of this matter, DPE requests an additional 90 days from April 25, or until July 24, 2018, to submit its RFR. DPE's contact information for DPE is as follows: Jorge Lavastida Executive Officer and Plant Manager Denka Performance Elastomer LLC 560 Highway 44 LaPlace, LA 70068 i -----.r ---E-x-7-6------------i ior.ge-lavastidai@deiika-pe.com Robert E. Holden Jones Walker LLP 201 St. Charles Avenue, Suite 5100 New Orleans, LA 70170-5100 CZZMZZZZ] bholdeir@ioneswalker.com Counsel for Denka Performance Elastomer LLC We would appreciate a response from your office as quickly as possible due to the upcoming recommended filing date. Thank you for your attention to this. Yours very truly, REH/kb Robert E. Holden Attorney for Denka Performance Elastomer LLC {N3582529.1} Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00268316-00002 I m I s?I s? April 19, 2018 Page 3 Jennifer Orme-Zavaleta, Deputy Administrator for Science, ORD . Tina Bahadori, ScD ORD/NCEA Director Stephen Fine, Ph D., Acting Chief Information Officer . David Gray, EPA Region 6 Director of External Affairs . Vinci a Holloman, Director of Enterprise Quality Management Division . Anne Idsal, JD, Region 6 Administrator . John Vandenberg, ORD/NCEA RTP Division Director . Kistina Thayer, ORD/NCEA IRIS Division Director {N3582529.1} Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00268316-00003