Document YGEmM1wgZzgxGjxoJgDNm7XKn

11862238 LIP t'tr'nI s ai lw S et t Q- u o j f December 20, 2004 f i A 3 7U 1 0 AK u . zin-z / bbl i IV! Strbel, N'A' Washington, DC ,'037 Hi.-U www (iattn":)oyi|S corn Peter D. Robertson (202) 457-6320 probertson@ pattonboggs.com 2005 JUN 2 9 AH l h 5 8 Mr. Charles M. Auer Director Office o f Pollution Prevention and Toxics U.S. Environm ental Protection Agency EPA East Building 1201 Constitution Avenue Washington, DC 20460 f CD m CD PO CD COMPANY SANITIZED PUBLIC COPY Re: Further D uPont Voluntary Response to EPA 's N ovem ber 4, 2004 Request Submission to AR-226 and TSCA 8(e) Office Supplement to N ovem ber 15, 2004 Submission Dear Charlie: The attached document production and information submitted with this letter represents D uP ont's continued good faith effort to respond to E P A 's N ovem ber 4, 2004, request for voluntary submission o f certain material. O n N ovem ber 15, 2004, D uP ont provided its first voluntary7submission in response to E P A 's N ovem ber 4, 2004 request. As stated in the cover letter for the N ovem ber 15th submission, D uPont would continue to review and produce any additional documents that are responsive to the subject matter o f the N ovem ber 15th submission. W ith this letter, D u P o n t is providing 8EHQ-04-1a5d8d56itional inform ation that was located after, and that is responsive to the subject m atter of, the N ovem ber 15th submission. Additional Information [Redacted] c x Uj <Xi W .1 h i n g t <: n 0 C N I bC 89050000124/S 8 90500001 24 S r 11868838 B up *7T 0RD Ers n u Mr. Charles M. Auer December 20, 2004 Page 2 TSCA 8(e) Office Submission D uPont does not believe that the information submitted with this letter triggers reporting obligations under TSCA section 8(e). However, in the course o f discussions with O P P T and the Office o f Regulatory Enforcem ent (ORE), it has become clear to D uPont that those two offices are applying standards o f reporting under TSCA section 8(e) that D u P o n t cannot anticipate. Accordingly, D u P o n t initially inform ed EPA that D uP ont intended to submit its response to the N ovem ber 4, 2004 EPA request to both the AR-226 docket and the TSCA 8(e) office, as was done with the submission o f N ovem ber 15, 2004. EPA has, however, inform ed counsel for D uPont that it is n o t necessary to make a duplicate, formal submission to the 8(e) office in order to discharge any reporting obligations that EPA might otherwise assert. Instead, EPA has asked that D uPont make only a single submission and advised that D uPont should indicate in this cover letter that the submission is intended for both the AR-226 docket and the TSCA 8(e) office. As such, D uPont states that the enclosed documents are intended to be a submission to both the AR-226 docket and, as a precaution, to the TSCA 8(e) office, notw ithstanding D u P o n t's firm belief that the information does not trigger reporting obligations under that section of TSCA. This submission should n o t be construed as a direct or indirect admission that D u P o n t believes that any o f the enclosed inform ation triggers such reporting obligations. We understand that O R E has agreed that D u P o n t's submission shall not prevent D u P o n t from asserting, in any proceeding, that section 8(e) did not require submission o f this information. Continued Activity After EPA has had the opportunity to review this letter and the attached document, we are available at your convenience to discuss the document in further detail to assist in your understanding. In the meantime, we will continue to review and produce any additional documents that are located and are relevant to the topics that are the subject o f this submission. COMPANY SANITIZED PUBLIC COPY  PATTONBOGGSr HHOKES i l UW Mr. Charles M. Auer December 20, 2004 Page 3 Please contact me directly if you have any questions or need further clarification with respect this submission. Sincerely, Peter D. Robertson A ttachm ent (1 page --redacted) COMPANY SANITIZED PUBLIC COPY DEC, 2 0 .2 0 0 4 3:15PM DUPONT LEGAL ENVT NO. 426 P. 3/3 -------- 2002-------- 3SRHT-- - C-6 Result Co t ^ ` O*' iW' 1 12/20/2004 MON 14:59 [TX/RX NO G223] @ 0 0 3