Document ga7kykD34q8b68e8ywj0rp6JV

. r u PATION BOGGS. AR 226. 2742 er SEHR. 1204= 158565 - Decembe20r, 2004 MR 8176 HFE Ntn ensgE 2328 DiMsectCohrarMs. Auer OUEfPSfiAcFeFovifarPooBnlmloeuitnitnoagnlPPrreovteencttiioonn AagndenTcoyxics ms +77" RES W{2a01dCnomgniatoDiCno.n2A0v46e0ne =2g= g 35 aoos := 0B COMPANY SANITIZED 2 PUBLIC COPY Re: SFSuuorbntmrhiiesreimDoounnPtotonotANRoVvo2le2um6nitaaernsyd1RT5eS,s3Cp0Ao0n48seS)utboOmfEifPisAcie'osnNovember 4, 2004 Request Dear Charlie: he aiched document producion snd information submited with this ee represents oDuPnonty's aconmtionuerd goofodcfrainth emfftorrt t.o respond to EPA's November 4, 2004, request for ORDmeoNonormvo3e-d50c105,4o2sn0e0eg%,ue1D.8uilAonnsehparendonsrtehoesdcosvearnsTeioteurrrfoslr tshediNoosvceimubeirnhs1o5p5r ossabem1ip ciEoPnA's0 _E_E the subjectomattenr of thheaNtowvaseomcbte1e5rd"asurbmiasnsdiotn.oWitrhetshipsolentter9, DheusuPibspormovanindeitng he =: November 15" submission =. Additional Information = [Redacted] 2 O00 000 = = r= ATONE. Mr. Charles M. Auer December 20, 2004 Page 2 TSCA 8(c) Office Submission DuPont does not believe that the information submittedwith this letter triggers reporting obligations under TSCA section 8(e). However, in the course of discussions with OPPT and the Office of Regulatory Enforcement (ORE), it has become clear to DuPont that those two offices are applying standards of reporting under TSCAsection 8() that DuPont cannot anticipate. Accordingly, DuPont initially informed EPA that DuPont intended to submit its response t the November 4, 2004 EPA request to both the AR-226 docket and the TSCA 8() office, as was done with the submissionof November 15, 2004. EPA has, however, informed counsel for DuPont that it is not necessary to make a duplicate, formal submission to the 8() office in order 0 discharge any reporting obligations that EPA might otherwise assert. Instead, EPA has asked that DuPont make only a single submission and advised that DuPont should indicate in this cover letter that the submission is intended for both the AR-226 docket and the TSCA 8() office. As such, DuPont 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, notwithstanding DuPont's firm belief that the information does not trigger reporting obligations under that section of TSCA. "This submission should not be construed as a direct or indirect admission that DuPont believes that any of the enclosed information triggers such reporting obligations. We understand that ORE has agreed that DuPont' submission shall nor prevent DuPont from asserting, in any proceeding, that section 8() did not require submission of 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 farther detal to assist in your understanding. In the meantime, we will continu to review and produce any additional documents that are located and are relevant to the topics that are the subject ofthis submission. COMPANY SANITIZED PUBLIC COPY r PATABIEE. Me. Charles M. Auer December 20, 2004 Page Please contact me directly ifyou have any questions or need further clarification with respect to this submission. Pete D. Robertson Attachment (1 page - redacted) COMPANY SANITIZED PUBLIC COPY DEC. 20.2004 3:15PM DUPONT LEGAL ENVT No.4 P33 pas sokCl . ctneo con * . 12/20/2004 NOK 14:58 (TX/RX NO 6223) @o03