EPA Jacket 82024‐2
1

NEW APPLICATIONS 

DATE: _A_PR_-7_2_011 __ _ 

FILE NUMBER: !?:Jo/}L/- E 

FEP (OPPIN ENTRY) LtJ Lf( 8 !3- 0

{ I 

(Initial & date) . 

FILE ROOM: _____ _ 

(Initial & date) 

SIG: 

(Initial & date) 

FILE ROOM: ------

(Initial & date) 

/ ASSIGN TO PM .Y! (NO DATA) 

_ JACKET TO SHELF (DATA) 
2

ISB'S Front-end PRlA Completeness Screen 

Draft 3; 10125107 

EPA Receipt Date: APR - 7 2011 EPA Reg. Number: g).o '). 'I- e 

·lTh .. '0~1!'i .Nii'? .... . .. .. ;.: . ' ", -

'- '-.' ,.' . ;,'i" .'!: -' . -,' .. 

I Has the PRIA Fee been Paid; is a copy oflhe check u. 

Pay. gOY receipt included in the Submission Package? ftAl) X 

Is all Applicatioll Form (EPA Fom1 8570-1) Included ill the ;{ 2 SUbllliss"jon Package, is it completely filled out and signed 

including package type? 

Is a Confidential Statement of Formula (EPA Form 8570- >( 3 29) Included in the Submission Package, is it completely 

filled out and signed (boxes 1-21)? 

4 Is a (i'ormuIator's Exemption Statement (EPA Form 8570-

27) Included in the Submission Package? / x: 

5 1,<; cl Certification wit~ Respect to Citation of Data (EPA 

Form 8570-34) Included in the Submission Package? X 

6 Is a Data Matrix (EPA Form 8570-35) Included in the 

Submission Package? I. 

7 Is a Label Included in the Submission Package? t< 

K Are Data Included in the Submission Package? ;<. 

<) Is the Submission an Amendment? 

N'jA . . ... 
3

Material Sent for Data Extraction 

Reg. # >! 26 2 t/.- 2--.-.... 

Description: _____________ _ 

o Material(s) Sent to Data Extraction Contractors: 

~. New Stamped Label Dated JJg;-l/jz::yi('7// 

o Notification Dated ____ _ 

New CSF(s) Dated 

o Other: _________ _ 

Decision #: q 1'7 !)J? 

Other ActionjComments: ________ _ 

File this coversheet and attached materials in the jacket. It must be 

well organized and clipped together, NOT STAPLED. Then give the 

jacket with the coversheet and materials to staff in the Information 

Services Center (ISC) (Room 5-4900). If a jacket is full or only 

available as an image, please file materials in a new jacket and bring it 

down to the (ISC). For further information please call 703-605-0716. 

Reviewer:G-t:Lf!1..,Z-dCM'f/d:( 

Phone: Division: _..J...ft~]).:....r <----__ _ 

Date: /J /;lJ/JOI/ 

/ 
4

OATE 

u.s. ENVIRONMENTAL PROTE~T~ONu,~, AGENCY 

Office of Pesticide Programs 

Antimicrobials Division (7510P) 

1200 Pennsylvania Avenue NW 

Washington, D.C. 20460 

NOTICE OF PESTICIDE, 

x Registration 

Reregistration 

tunder PIPRA, as amendedl 

Name and Address of Registrant tinclude ZIP Code) : 

Lone Star Specialty Products, LLC. 

1008 RivaRidge Drive 

Great FaUs, VA22066-1620 

.1 

Date of 

Number: Issuance: 

82024-2 

~'JV C .Q ?nl1 

Term of Issuance: 

Name of Pesticide Product: 

Creosote Oil 

• :," "' ' , " labeling-differing in subslan~ from that accepted in connection with this registration must be submitted to and 

, ,: ' : b~ Jh~ ,R~gistration Division prior to used th_e label in ,commerce. In any c.orrespondence on this product always refer to the 

"a'bo~',ii §RA, i 'ti number. " 

On the basis of information furnished by the registrant, the above named pesticide is hereby registered under the Federallnseclicide, 

Fungicide and Rodenticide Act, 

Registration is in no way to be construed as an endorsement or recommendalion of this product by the Agency. In order to protect 

health and the environment, the Adminislrator, on his motion, may at any time suspend or cancel the registration of a peslicide in 

accordance with the Act. The acceptance ,of any name in connection with the registration of a product under this Act is not to be 

construed as giving the registrant a right to exclusive use of the name or to its use if it has been covered by others. 

This product (OPP Decision No. 447509) is unconditionally registered in accordance with FIFRA 

sec 3(c)(7)(a) provided that you: 

1. Submit and/or cite all data required for registration of your product under FlFRA sec. 3(c)(5) 

when the Agency requires all registrants of similar products to submit such data; and submit 

acceptable responses required for registration review or product re-registration of your product 

under FlFRA section 4. 

2. Make the labeling changes listed below before you release the product for shipment: 

a. Revise the "EPA Registration Number to read, "EPA Reg. No. 82024-2". 

Official: 

Product Manager Team-34 

Branch II 

l (75JOP) 

Date: 

November 23, 2011 

EPA Form 1320-1A 1190 ,FILE COpy 
5

SYMBOL 

SURNAME 

OATE 

'\ , UNIT __ STATES ENVIRONMENTAL PROTECTIC .. AGENCY 

Page 2 

EPA Reg. No.: 82024-2 

b. Revise the "Precautionary Statements" on page 2 to add the following statements, ''Avoid 

breathing vapors oj heated material" and "Prolonged or frequently repeated skin contact 

may cause allergic reactions in some individuals." 

c. Add the following paragraph to the "Precautionary Statements" section on page 2: 

Prolonged and repeated skin exposure over many years in the absence ofreconunended hygiene 

practices may lead to changes in skin pigmentation, benign skin growth, and in some cases result in 

skin cancer. The inhalation exposure limit to creosote vapor is 0.2 mg/mg3 OSHA PEL (*Hour 

TWA) for Coal Tar Pitch Volatiles (benzene soluble fraction) as specified in 29 CFR 1910.1002. 

Prolonged or repeated inhalation exposure above the limit may lead to respiratory system effects as 

inflammation and possibly changes in liver, thyroid, and blood elements. 

d. Revise the second "User Safety Requirements" heading on page 3 to read "User Safety 

Instructions." Also revise the statements in this section to be in compliance with PR Notice 2000- ~, 

5, Mandatory Labeling, by deleting the tenn, should, and stating "must." 

A stamped copy of the label is enclosed for your records. Submit one (I) copy of your final 

printed labeling prior to release of this product for shipment. 

If these conditions are not complied with, the registration will be subject to cancellation in 

accordance with FIFRA sec. 6(e). Your release for shipment of the product constitutes acceptance of 

these conditions. 

If you have any questions concerning this letter, please contact Juan Negron at (703) 308-8116. 

Enclosure: Stamped Label 

. 

................................. - ................ . 

:cere1Y';j I 

J 

duct 

elinrJI~1 Mana~;~am-34 egulatory Management Branch II 

Antimicrobials Division (751 OP) 

COKCURR!KCI!S 

................ .................. ................. ... -.......... . • ..... 04 ........ ... 

.................. .................. ................. ................ ................. ................. .. ... ~ ........ -........... -... . 

EPA Form 1320-tA (1190) OFFICIAL FILE COPY 
6

RESTRICTED USE PESTICIDE 

Due to chronic toxicity in anima! studies. 

For sale to and use only by Certified Applicators or persons under their direct supervision and only for 

those uses covered by the Certified Applicators certification. 

CREOSOTE OIL 

FOR PRESSURE TREATMENT OF WOOD 

Active Ingredient: 

Coal Tar Creosote Oil (AWPA Pi/13) ............. 98.5% 

CAS Reg. No. 8001-58-9 

Insert Ingredients: ............................................................ 1.5% 

Tota!: 100.0% 

WARNING 

See [side]{back] panel for additional precautionary statements, First Aid and directions for use 

EPA Reg. No. 82024-

EPA Est. No. 82024-TX-l 

Net Contents: C," , , 

L L' : J 

Manufactured by: 

Lone Star Specialty Products, Inc. 

P,O. Box 247 

Lone Star, TX 75668 

USA 

If in eyes 

If swallowed 

If on skin or 

clothing 

FIRST AID 

• Hold eye open and rinse slowly and gently with water for 15-20 minutes. 

• Remove contact lenses, if present, after the first 5 minutes, then continue 

rinsing eye. 

• Call a poison control center or doctor for treatment advice. 

• Call pOison control center or doctor immediately for treatment advice. 

• Do not induce vomiting unless told to do so by the poison control center or 

doctor. 

• Do not give anything by mouth to an unconscious person. 

• Take off contaminated clothing. 

• Rinse skin immediately with plenty of water for 15-20 minutes. 

• Call a poison control center or doctor for treatment advice. 

Page 10f6 
7

If inhaled • Move person to fresh air. 

• If person is not breathing, call 911 or an ambulance, then give artificial 

respiration, preferably by mouth-to-mouth, if possible. 

• Call a poison control center or doctor for further treatment advice. 

Have the product container or label with you when calling a poison control center or doctor, or going for 

treatment. For emergency information on this product, For emergency information on this product, call 

1-800-858-7378,6:30 am to 4;30 pm Pacific Time, seven days a week. During other times, call the poison 

control center at 1-800-222-1222. 

NOTE TO PHYSICIAN 

Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration 

pneumonia. 

PRECAUTIONARY STATEMENTS 

HAZARDOUS TO HUMANS AND DOMESTIC ANIMALS 

WARNING: Causes substantial but temporary eye injury. Harmful if swallowed or absorbed through skin. 

Do not get in eyes, on skin or on clothing. Wear protective eye wear (goggles, safety glasses or face 

shield). Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, 

or using tobacco. Remove and wash contaminated clothing before reuse. 

PERSONAL PROTECTIVE EQUIPMENT (PPE) 

All personnel handling treated wood or handling treating equipment (including poles/hooks used to 

retrieve charge cables) that has come into contact with preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, and 

* Socks plus industrial grade safety work boots with chemical resistant soles. 

All personnel cleaning or maintaining the treatment cylinder gasket/equipment or working with 

concentrate or wood treatment preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and pants, 

* Chemical resistant gloves, 

>I< Socks plus industrial grade safety work boots with chemical resistant soles, and 

* A full face shield. 

In the event of equipment malfunction, or for door spacer placement, aJi personnel located within 1S 

feet of the cylinder opening prior to cylinder ventilation must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, 

* Socks plus industrial grade safety work boots with chemical resistant sales, and 

* A properly fitting half mask elastomeric respirator with appropriate cartridges and/or filters. 

Entry to confined spaces is regulated by Federal and/or State Occupational Safety and Health Programs. 

Compliance is mandated by law. Individuals who enter pressure treatment cylinders or other related 

equipment that is contaminated with the wood treatment preservative (e.g. cylinders that are not free 

of treatment preservative or preservative storage tanks) must wear protective clothing and/or 

equipment as required by Federal and/or State Occupational Safety and Health Compliance laws. 

Page20f6 
8

USER SAFETY REQUIREMENTS 

- Personnel must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any 

other materials contaminated with preservative at the treatment facility. 

- Follow manufacturers instructions for cleaning/maintaining PPE. If no such instructions for washables 

exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 

- Discard clothing and other absorbent material that have been drenched or heavily contaminated with 

the product's concentrate. Do not reuse them. 

- Eating, drinking, smoking are prohibited in the treatment cylinder load-out area, drip pad area, and 

engineering control room of the wood treatment facilities. EXCEPTION: Where treating operator control 

rooms are isolated from the treating cylinders, drip pad, and work tanks, eating, drinking, and smoking 

{depending on local restricflons) are permitted. 

USER SAFETY RECOMMENDATIONS 

- Users should wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. 

- Users should remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put 

on clean clothing. 

- Users should remove PPE immediately after handling this product. Wash the outside of gloves before 

removing. As soon as possible, wash thoroughly and change into clean clothing. 

ENVIRONMENTAL HAZARDS 

This product is toxic to aquatic organisms. Do not discharge effluent containing this product into lakes, 

streams, ponds, estuaries, oceans, or other waters unless in accordance with the requirements of a 

National Pollution Discharge Elimination System (NPDES) permit and the permitting authority has been 

notified in wiring prior to discharge. Do no discharge effluent containing this product to sewer systems 

without previously notifying the local sewage treatment plant authority. For guidance, contact your 

State Water Board or Regional Office of EPA. 

DIRECTIONS FOR USE 

It is a violation of federal law to use this product in a manner 'lncons'lstent w'lth its labeling. 

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods 

for utility poles/cross arms, raiJroad ties, switch ties, bridge timbers, fence and guardrail posts, 

foundation timbers, marine and foundation round piles, sawn lumber and timber products, and exterior 

structural composite glue laminated wood and plywood products. Treated wood is intended for 

exterior/outdoor uses only. 

Requirements forthe Pressure Treatment of Wood 

-CyJinderopenings and door pits must use grating and additional measures such as sumps, dams or 

other devices which prevent or remove spillage of the preservative. 

-Personnel must not directly handle the cha rge cables, poles or hooks used to retrieve charge cables, or 

other equipment that has contacted the preservative without wearing chemical resistance gloves. 

-The treatment process must include a final vacuum to remove excess preservative from the wood. The 

final vacuum must attain a vacuum equal to or greater than the initial vacuum. This vacuum must be 

held for an appropriate time per"lod based on wood species, retention levels, and commodity treated to 

remove excess preservative from the wood. 

Page 30f6 
9

-At the conclusion of treatment, the cy!inder must be ventilated by purging the post-treatment cylinder 

through fresh air exchange. The ventilation process is considered comp!ete after a minimum of 2 vo!ume 

exchanges based on the empty treatment cylinder vo!ume. The exhaust pipe of the vacuum system or 

any air moving device utilized in conducting the air purge must terminate into a containment vesse! such 

as a treating so!ution work tank or water/effluent tank 

-The venti!ation process may be accomplished by one of the fo!!owing methods: 1) activating an air 

purge system that operates while the cylinder door remains dosed; or 2) using a device to open and 

ho!d open the cy!inder door (no more than 6 inches) to a!!ow adequate venti!ation and activating the 

vacuum pump. 

-!f the second method is utilized, at the condusion of the treatment, no personne! may be !ocated within 

is feet of the cylinder when open (cracked) until the cylinder has been ventilated. 

-In the event of equipment ma!function, or to place the spacer to hold the door open during venting, 

only personnel wearing specified PPE are permitted within 15 feet of the cylinder opening prior to 

ventilation. 

-After ventilation is complete, the cylinder door may be comp!etely opened. 

-After treatment, wood must be moved to a drip pad capable of recovering excess preservative until the 

wood is drip free. 

Requirements for Wood for Aquatic or Marine Environments 

For treated wood that will be used in marine or other aquatic or sensitive environments, a double 

vacuum must be used. Following the pressure period, and once the creosote has been pumped back to 

the work tank, a vacuum shall be applied for a minimum of one and a half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation) of vacuum to recover excess preservative. Then, 

depending on plant eqUipment: 1) vacuum for a minimum of one and one-ha!f hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation); or 2) steam material for one hour minimum and then 

pull not less than 22 inches of Hg (S60 KPa) (adjusted for elevation) vacuum for a minimum of one and 

one ha!f hours. Maximum temperature during steam shall not exceed 240 degrees F (115.5 degrees C), 

as specified in the Best Management Practices (Aug. 2006) issued by the Western Wood Preservers 

Association, Southern Pressure Treaters Association, Timber Piling Council, and Wood Preservation 

Canada. 

Requirements That Must Be Implemented by December 31,2013 

-For elevated temperature pressure treatment with creosote, automatic, remotely operated devices 

must be used to open, close, lock, and unlock cylinder doors. 

-For ambient creosote treatments, an automatic !ocking/unlocking device must be used to accomplish 

locking and unlocking of the cylinder door. 

-Mechanical methods must be used to place/remove bridge rails. 

STORAGE AND DISPOSAL 

Do not contaminate water, food or feed by storage or disposal. 

Pesticide Storage: In case of spillage, absorb (with sand, earth, etc.) and dispose of in accordance with 

app!icab!e Federal, State and local regulations. Contaminated materia!s must be handled and managed 

as a RCRA Hazardous Waste and treated before disposal in an approved landfill. This waste is identified 

by the EPA as a U051 hazardous waste and must meet the treatment standards specified in 40 CFR 268 

Subpart D. A RCRA Hazardous Waste Storage permit is requ'lred for storage of wastes beyond 90 days. 

Pesticide Disposa!: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a 

violation of Federa! law. If these wastes cannot be disposed of by use according to !abel instructions, 

Page40f6 
10

contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at 

the nearest EPA Regional Office for guidance. 

BATCH CODE 

Supplemental Labeling for Creosote Oil 

EPA Reg. No. 82024-

Creosote (Pl/P13) is registered only for pressure treatment of wood. Wood treaters must not knowingly 

pressure treat wood commodities that are not encompassed by the following use category tables, which 

provides examples from the American Wood Protection Association (AWPA) Use Category System, as set 

forth in the most current ed"lrlon of the AWPA Book of Standards. 

AWPA Commodity Specification: Crossties and Switch Ties 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Crossties and Switch Ties, produced from all wood species recognized by 

AWPA for this commodity. Manufactured to meet AWPA specifications. 

AWPA Commodity Specification: Posts 

AWPA Use Category I Commodity Examples 

UC4A I Posts, round, ;.s. and X round for highway construction (including guide, 

, sign and sight) and farm fencing 

UC4B Posts, round, X. and X round for highway construction {including guardrail 

posts, spacer blocks) and for road salt/brine storage 

Posts, round, X. and X round for building construction 

Round posts, for structural members in agricultural uses 

AWPA Commodity Specification: Poles 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Utility poles (including laminated) 

Poles for highway and agricultural construction, lighting, building structural 

use 

Note: poles may be glued-or mechanically lammated 

AWPA Commodity Specification: Piling 

AWPA Use Category I Commodity Examples 

UC4C I Foundation and Land & Fresh Water Piles 

AWPA Commodity Specification Marine: (Salt Water/Brackish Water) Applications 

AWPA Use Category Commodity Examples 

UC SA, 5B, and 5C Bulkhead sheathing 

Lumber/timber use, including timbers, cross bracing, and highway 

construction 

Piles for marine applications 

Page 5 of 6 
11

I Plywood for bridge and marine construction 

AWPA Commodity Specification: Sawn Products 

Commodity Examples Commodity Examples 

UC 1, 2, and 38 Guardrails for highway construction, including for golf course bridges 

meeting highway construction standards 

UC4A Lumber/flmber for highway construction, including for golf 

Course bridges meeting highway construction standards 

Cross armS 

Fence rail (farm/agricultural only, round,:l{ round, % round) 

UC4B Highway bridge decking (above ground, structural, subject to 

critical/severe decay) 

Road salt/brine storage 

Highway construction materials, including cribbing, lighting 

Piles (structural support in residential or business construction) 

Posts (sawn 4 sides) for highway construcflon, farm/agricultural structural 

use, spacer blocks, important building structural use 

Poles for structural building use 

Lumber/timber (5 inches or greater) structural use; highway construction 

and cribbing; retaining walls for highway uses; building support , 

structures 

Lumber/Timbers (2 x 8 inch and/or 3 x 6 inch or greater) for marine use 

(out of water, ground contact, including salt water splash zone) 

UC4C Piles for structural support 

AWPA Commodity Specification: Wood Composites 

AWPA Use Category Commodity Examples 

UC 1, 2, and 38 Composite lumber for structural uses 

Glue- or nail-laminated structural members 

Plywood for agriculture, and farm use 

UC4A PSL & LVL composite lumber for highway construction members 

(laminates) 

Plywood for bridge and farm/agricultural use 

UC4B Plywood for marine use in salt water splash zones 

Plywood for road salt/brine storage, highway construction materials 

Composite lumber for bridge and highway construction 

Glue-laminate members (important structural or saltwater splash) 

UC4C Composite (PSL & LVL) lumber highway structural use 

! Members (laminates) for critical structural uses 

Note: lamInates can be glued or mechanIcally fastened 

Note: PSL:: parallel strand lumber, LVL = laminated veneer lumber 

Page6of6 
12

Form ADoroved OM6 Nos. 2070-0lJuv; 207C--{)OE7; ~79-C!107', 2070-0122; 2070·0164 

- -- -

""' ft '\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY \."., ,J 1200 Pennsylvania Avenue, N.W. 

WASHINGTON, D.C. 20460 

----- Paperwork Reduction Act Notice: The pubtic reporting burden for this collection ofinformation is estimated to ave.llJI.·I.:5 r.LlU15 pc :eJpo'1!:~ for reg'st7tior, : • 

and 0.25 hours per response fur reregistmtion and special review llCtivities, including time for reading the instructions and completing the necessary forms, Send 

comments regarding burden estimate orany other aspect of this collection of information, including suggestions for reducing the burden to: Director, Collection 

Strategies Division (2822n, US. Environmental Protection Agency, t200 Pennsylvania Avenue, N,W., Washington, DC 20460. Do not send the completed form 

to this address, 

Certification with Respect to Citation of Data 

Applicanl'slRegistranfs Name, Address. and Telephone Number EPA Reglstration Number/File Symbol 

Lone Star Speciatty Products, li.C 1008 Rlva Ridge Dr. Great Falls, VA 22066-1620 703-759-4837 82024-E 

Active lnaredient(s) and/or reoresentalive \est comoound(s) D'1e 

Creosote Coal Tar November 19, 201 1 

General Use Pattem(s) (list all those claimed for this product usinQ 40 CFR Part 158) Product Name 

Wood Preservation - Pressure Treatment Creosote Oil 

NOTE: If your product is a 100% repac!laging of another purchased EPA-registered product labeled for all the same uses on your label. you do not need to 

submit thIs fonn. You must submit the Fonnulator's Exemption statement (EPA Form 8570-27). 

D I am responding to a Data-Call-ln Notice, and have included wtlh this fonn a [1st of companies sent offers of compensa50n (lhe Data Matrix form should 

be used for this purpose). 

SECTION I: METHOD OF DATA SUPpORT (Check one method on~) 

D I am using the cite-all method of support, and have included with this fonn [2] I am using the selective method of support (orctte-all option 

a list of companies sent offers of compensation (the Data Matrix form under the selective melhod), and have included with this form a 

shOUld be used forthis purpose). comp!eted Ust of data requirements (the Data Matrix fonn must be 

used). 

SECTION ll: GENERAL OFFER TO PAY 

[Required if using the cite--all method orwhen using the cite-aU option under the selective method to satisfy one or more data requirements] 

[2] I hereby offer and agree to pay compensatitlfi, to other persons, with regard to the approval of this application, to the extent required by FIFRA. 

SECTION Ill: CERTIFICATION 

I certify that this application fur regstra50n. th'ls fonn for reregistration, or this Data-Call-In response is supported by all data submitted or c'lled in the 

application fur registration, the fonn for reregistration, or the Dala-Call-In response. In addition, if the cite-all option or cite-all option under the selectrve method is 

indicated in Section I, this application is supported by all data in the Agency's files that (1) concem the properties or effects of this product or an identical or 

substantially similar product. or one or more of the ingredIents in this product; and (2) is a type of data that would be reqUired to be submitted under the data 

requirements in effect on the date of approval of this application if the application sought the initial registration of a product of identical or similar composltion and 

uses . 

I certify that for each exclusive use study cUed in support of this registration or reregistration, that I am the or'iJinal data submitter or that I have oblained 

the written permission of the original data submltter 10 clle that study. 

I certify Ihatfor each study cited in support of this registration or reregIStration that is not an exclusive use study, either: (a) I am the original data 

submitter; (b) I have obtained the permission oftne original data submltterto use the study in support of this application; (c) all periods of eligibility for 

compensation have expired for the study; (d) the study is in the public literature; or (e) I have notified in writing the company that submitted the study and have 

offered (I) to pay compensation to the extent required by sections 3{c)(1)(F) and/or 3{c)(2){6) of FIFRA: and (ii) to commence negotiations 10 detennine the 

amount and terms of compensa50n, if any, to be paid for the use of the s!tldy. 

I certify that in all instances where an offer of compensation Is required, copies of all offers to pay compensation and evidence of thefr delivery in 

accordance with sections 3(c)(1)(F) andfor 3(c)(2)(B) of FIFRA are available and will be submitted to the Agency upon request. Should I fail to produce such 

evidence to the Agency upon request. I understand that the Agency may initiate actlon to deny, cancel or suspend the registration ofmy product in conformity with 

FIFRA. 

I certify that the statements I have made on this fonn and all attachments to it are true, accurate, and complete. I acknowledge that any 

knowingly false or misteading sta~y be punishable by fine or imprisonment or both under applicable law, 

Signalure 

L~K~~Y D'1e Typed or Prtnted Name and nle 

11/19f11 Walter G. TalareklAuthorlzed Agent 

EPA Form 8571J-.34 (12 20lXf.] Eleclronic and Paper versIons available. Submit on~ Paper version. 
13

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

" " v 401 M Street, S.W. 

WASHINGTON, D.C. 20460 

Redncti(ln Act Notice: Thc publiC reporting burden for this collcction of information is estimated to avcrage 0.25 hours pcr response for rcgistration activities lind 0

Nregi,;tration and special rcview activities, Including timc for reading thc instructions lind completing the necessary forms. Send commcnts rcgardlng the bnrden cstlmate or a

cohcdlon of suggcstions for reducing the burdcn to: DireCtOl·, OPPE Information Management Division (2137), U.S. Environmental Protection Agcucy, 

\VlIso;ngton, DC 2u460. uo not scnd the form to this address. c 

c DATA MATRIX (Generic) 

Date: Novembcr 18, 201: "-,,-,,-,,-.-,, EPA Rcg. NoJFile Svmbol: 82024-E 

c 

Applicant'slRegistrant's & Address: Lonc Star Spccialty Products, LLC Pl'Oduct: Creosote Oil 

P.O. Box 247 

c c Lone Star TX 75668 

Ingredient: Creosotc 

Guidellnc Reference Number Guideline Study Name MRID Number SubmittCI· Statu

830c1550 Product identity and composition 44141201 V' 1456 OL

830J600 Starting materials and manufacturing 41597801 54774 OL830J620 process 

830J650 

43804901 3008 OL

830c1700 Preliminary analysis 44141201 _ 1456 OL

830c1750 Certified limits 41597801 54774 OL

43804901 3008 OL

830J800 Enforcement analytical method 44141201 V" 1456 OL

44141202 -- 1456 OL44141203 1456 OL48506601 82024 OW48622401 82024 OW

830c6300 Reports of mUltiple phys/chem characleristics 44141202 v 1456 OL

44141203 1456 OL

48480902 82024 OW

830c6302 Color ,/ 48480902 82024 OW

Name and Title Waltcr G. Talnrek 

Authorizcd Agent 

."n. ___ . .,,,.,,, ... '" ,,.,,,., .••.. __ ,. __ ._ .. _. __ .,_ .... _ .. _.".'-,_ <" __ '- .,. n -_ ... _. ,.- . _ ... - , ... _ .. _., ,,-- . 
14

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

. 

-

.. 

-

Reductiou Act Notice: The public reporting burden for this eollectiou of information is estimated to IIvemge 0.25 houi's per response for reglstratioulletlvities aud 0

and special review activities, including time for reading the instructions and completing the neccssary forms. Send comments regllrding the burden estimate or an

collectiOn ofinfOl:n::t.I!.!I.:I;:including suggestions for reducing the burden to: Director, OPPE luformation Mamlgement Division (2137), U.S. Environmental Protection Agency, 

\Yasn;u!!ton, DC 211460.lJo not Scud the form to this address. 

C c 

c 

DATA MATRIX_(Genericl 

c , 

Date: November EPA Rell:. No/File Svmbol: 82024-E 

Applieant's!Registrant's lIo/ame & Address: Lone StIlr Specialty Products, LLC Product: Creosotc Oil 

, 1'.0. Box 247 

Lone Star, TX 75668 

Iu redieut: Creosote 

Guidellne Reference Number Guideliue Stndv Name MRlD Number Subnlitter Statu

830,6303 Physical state 46027001 75341 PA

830-6304 Odor 48480902 82024 OW830,6313 Stability 48480902 82024 OW830,6315 Flammability 48480902 82024 OW830,6316 Explodability 48480902 82024 OW830,6317 Storage Stability 45355601 v 63700 PA

45356201 61483 PA

830,6320 Con'osion characteristics 45355601 63700 PA

45356201 61483 PA

830,7000 pH 48480902 82024 OW830,7220 Boiling point 48480902 82024 OW830,7300 Density/relative density/bulk density 46027001 75341 PA

830,7550 Partition coefficient 48480902 82024 OW

830,7560 830,7570 / 

Signature Name lind Title Wlliter G. Talarek 

Authorized Agent 

"" .. II '1" { n .. , .. " .. 1 t'finu 

, 
15

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S. W. 

WASHINGTON, D.C. 20460 

r this collcction of information is cstimated to average 0_25 hoors per-· •. _. __ . ___ •.. ____ 

gtimc for I -. instructions and complcting the ncccssary (Ol·ms_ Send com-- Ie burden estimatc or a

-._---- ._----_ .. to: Director, OPPE Information Managcment Divisloll u.". 

DC 20460. Do I Ie forrIlto this addrcss_ 

DATA 

I 18_ 2011 

)lame & Addrcss Lonc Slar Specialty Products, LLC 

P.O. Box 247 

830.7840 830.7860 

:c Nombcr 

Non-Guideline 

850.1010 850.1075 

1850.1300 

I 850.1950 

r, TX 75668 

1 Sol 

:-o.;,y 

I-Field study ", _. 

components 

v trout) 

d study for aquatic 

••• t1 study 

acute oral I (q< K) 

emergence in rice 

Vegetative vigor dose-response in rice 

100 

1 850.4225 

850.4250 

850.4400 

Signaturc 

'''Y 

I MRID Nllmbc]' 

48480902 

'{ version. 

I 82024-E 

Crcnsote Oil 

82024 

Namc and Title WaIte]' G, Talarek 

Authorizcd Agent 

Agency Internat ..." 

I StIlt

OW

I OW

PA

I PA
16

I·'orm Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S,W. 

WASHINGTON, D.C. 20460 c 

Paperwork Notice: Tlic pubtie reporting burdcn for tills eollectlnn of information is estimated to average 0.25 hours per response for registration activities and 0

and 'Special revlcw activities, including time for reading the Instructions and completing the necessary forms. Send comments regarding tllc burden estimate or an

ofinforlnMion, including suggestions for reducing tile burden to: Directnr, OPPE Information Mallagement Division (2137), U.S. Ellvironmelltal Protection Agency, 

DC 20460. Do not send the form to this address. 

" '. ,-"---" 

0 

: c c : c o c DATA MATRIX (Generic) 

0 

20ll 

Applieunt'slRegkt:-r..n,:'J :'>lame & Address: Lone Star Specialty Products. LLC 

P.O_ Box 247 

Lone Star, TX 75668 ._.----- c 

Ingredient: Creosote 

Guideline Reference Number Guidetine Studr.,Name MRlD Number 

850c5400 Acute algal dose-response toxicity 4 species 

870J 100 Acute oral toxicity 43032101 ....-

870J200 Acute dermal toxicity 43032102 '" 

870J300 Acute inhalation toxicity 43032103 v 8702400 Primary eye initation rabbit 43032104 v 

870.2500 Primary dermal irritation - rabbit 43032105 '" 

8702600 Dermal sensitization 43675301 v' 

8703250 90-day dennal toxicity - rodent 43616101 

43616201 v 

8703465 28/90-day inhalation toxicity - rat 43601001 v 

43600901 

870.4100 Chronic toxicity 44844401 v 

870c6200 

8703700 Developmental toxicity - rat 43584201 ,/ 

43584202 

- 44839802 V" 

Signature 

EPA Form 8570-35l9-97) Eteetronle and Paper versions llvailable. Submit only Paper version. 

, 

EPA Reg. No./File Symbot: 82024-£ 

Prodoet: Creosote Oil 

Submitter Statn

63700 OL

63700 OL63700 OL

63700 OL63700 OL

63700 OL

63700 OL63700 OL

63700 OL63700 OL

63700 PA

63700 OL63700 OL63700 PA

Name and Title Walter G. Taturek 

Authorized Agent 

Agency Internal Usc Copy 
17

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

Pupenvork Nntlee: The public reporting burden for this collection of information is estimated to avelllge 0.25 hOllrs per response for registration activities and 0

reregistration and speeinlTeview activities, includIng time for I'endiug the instructions and completing the necessary forms. Send comments regarding the burdeu estimate or an

including suggestions for reduciug the burden to: Director, OPPE Information Mnuagement Division (2137), U.S. Environmental Protection Agency, 

DC 20460. Po IIDt send the form to this address. 

" .. ,-

--

c c c c 

DATA MATRIX (Generic) c , , " , - c " c 

" c 

tS',20Il EPA Reg. NoJFile Symbol: 82024-E 

Name & Address: Lone Star Specialty Products, LLC Prod net: Creosote Oil 

1'.0. Box 247 

Lone Star, TX 7566S 

. -_.,,- -

IUl!redient: Creosote 

Guideline Reference Number Guideline Study Name MRlD Numbel' Submitter Statu

870.3800 2-generation reproduction - rat 42893201 218 OL

44839801 V' 63700 PA

870.4200 Oncogenicity 44844401...- 63700 PA870.5450 Rat dominant lethal testing 43941701./ 63700 OL

870.7600 Dennal absorption 47179501 V' 63700 PA

47179502 _ 63700 PA

Guideline Series 875 Creosote Council Study Exposure 45323401 v 63700 PA

Creosote protective clothing permeability study 46603501 ,/ 63700 PA

----

Signature NlIme and Title Walter G. TlIhlrek 

Authorized Agent 

----

-EPA Form-S570-35 (9.,&) Electronic and Paper versions aVlIillIble. Submit only PlIper versiou. Agency luternal Use Copy 
18

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

, ", -" WASHINGTON, D.C. 20460 , " 

" 

Papel'work Redue,ion -;r;;t Notice: The public reporting bnrden for this collection of information is estimated to average 0.25 per response for registratinn activities and 0

and s;Jcclal review activities, inclnding time fOl' reading tile instrnctions and complcting the nccessary forms, Send eommcnts regarding the bnrden cstimate or a

c(>;.kd:JI' ofinformation)nclnding suggestions for reducing the borden to: DircetOl', OPPE Information Managcment Division (2137), U.S. Environmental ProtectiOIl Agency,

not send the form to this address. 

DATA MA1RIX (ProductwSpccific) 

" 

Date:' November 18, 2011 EPA ReI!,. NoJFile Symbol: 82024-E 

Name & Address: Lonc Star Specialty I'roducts, LLC Product: Creosote Oil 

P,O. Box 247 

: Lone Stnr, TX 75668 

Ingredient: Creosote 

Gnidellne Reference Nnmber Guideline Stndy Name MRlDNnmbcr Snbmitter Stat

Guideline Series 810 Efficacy 48501201 82024 OW

830.1550 Product identity and composition 48445301 82024 OW830.1600 Description of materials used to produce product 48445301 82024 OW

830.1620 Description of production process 48445301 82024 OW830.1670 Discussion offormation of impurities 48445301 82024 OW

830.1700 Preliminary analysis 44141201 1456 OL

44141202 1456 OL48445302 82024 OW

48445304 82024 OW

830.1750 Certified limits 48445303 82024 OW

830.1800 Enforcement analytical method 44141201v' 1456 OL

48506601 82024 OW

48622401 82024 OW

830.6300 Reports of multiple phys/chem characteristics 44141202 v 1456 OL

44141203 1456 OL

48480902 82024 OW

830.6302 Coh5r 48480902 82024 OW

Signatnre Name and Title Walter G. TlI.larek 

Authorized Agent 

I':PA Form "<;70 3<; 19_97) RleNron;e nor! Paner versions availahle. Suhmit onlv l'anpl' version. A"pnev Internal lIs .. Conv 
19

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. " .. , 

, , WASHINGTON, D.C. 20460 

, 

Pllperwork Reduc,io-;J Notice: The pnblie reporting burden for this eoneetion of information is estimated to average 0.25 honrs per response for registration activities and 0

rc,tg:s:r-,tt!on and review activities, including time for reading the instructions and completing the necessary forms. Send comments regarding thc bnrden estimatc or a

ca.!bC:tbn ofinformatiOlt, including suggestions fOl· reducing the burden to: Director, OPPE Information Managemcnt Division (2137), US. Environmental Protection Agency, 

DC vo not send the form to this address. 

, 

DATA MATRIX (Product-Specific) T' .-' 

Da e: N"ovember 18, 2011 EPA Rc .NoJFile§.:(mbol: 82024-E 

Name & Address: Lunc Star Specialty Products, LLC Product: Creosote Oil 

P.O. Uox247 

: . Lone Star, TX 75668 

Inl!redient: Creosote 

Guideline Reference Number Guldcline StudY Name MRID Number Submitter Stat

830,6303 Physical state 46027001 75341 PA

83M304 Odor 48480902 82024 OW

830,6313 Stability 48480902 82024 OW

830,6314 Oxidation/reduction: chemical reaction 830,6315 Flammability 48480902 82024 OW

830.6316 Explodability 48480902 82024 OW830.6317 Storage Stability 45356201· 61483 PA

44141203 1456 OL

830.6319 Miscibility 

830.6320 Corrosion characteristics 45356201 61483 PA830.6321 Dielectric breakdmvn voltage 830.7000 \pH 48480902 82024 OW

830.7050 UV /visible absorption 

830.7100 Viscosity 48480902 82024 OW830.7300 Density/relative densi.!}ibulk density 46027001 75341 PA

830.7520 Particle size, fiber length, and diameter PA

distr!hutioo' 

Signpture Nanle llnd Title Waiter G. Talarek 

Autliori'lOO Agent 

EPA Form 8570·35 Electronic llnd Paper versions available. Submit only Pllper version. Agency InterrIllI Usc Copy 
20

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

.. , 

-

, " 

pQpcrwork Rcduction A(:t Notice: The publie rcporting bm'dCII for this collection of in for milt ion is estlmatcd to averQgc 0.25 hours pcr response for registration activities and 0

reregish'ation rcvicw activities, including timc for rca ding the instructions and completing thc ncccssary forms. Scud commcnts regarding the burden estimQtc or an

collcction of information, including suggestions for reducing the burden to: Director, OPPE Information Mallllgement Divislou (2I37), U.S. Environmental Protection Agcncy, 

DC 20460. not send the form to this address. ' 

DATA MATRIX (Product-Specific) 

N"vcrubcr ;-8, 2(,H EPA ReI!. No.IJ:<'ile Svmbol: 82024-E 

& Addrcss: Lone Star Specialty Pruduets, LtC Product: Crcosote Oil 

P.O. Box 247 

Lone Star, TX 75668 

Ingredient: Creosote 

Guideline Rcference Numbcr Guidelinc Studv Name MRlDNumber Submitter Statn

870JI00 Acute oral toxicity /' 43032101 63700 OL

870J200 Acute dermal toxicity v 43032102 63700 OL

870,1300 Acute inhalation toxicity V 43032103 63700 OL

8702400 Primary eye irritation rabbit v 43032104 63700 OL

8702500 Primary dermal irritation - rabbit v 43032105 63700 OL8702600 Dennal sensitization v'" 43675301 63700 OL

. 

--" 

Signature Name amI Title Walter G. Talareh 

Authorizcd Agent 

EPA Form 8570-35 (9-W) Electronic and Paper versions available. Submit only Paper version. Agency Intcrnal Use Copy 
21

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

per l'csponse 

instructions comments regarding the burden estimate or a

to: Director, OPPE (2137), U.s. Environmental Protection Agency, 

A .... \llicant'slRcgistrant'itName & Address: Lone Star Specialty Prodncts, LLC 

P.O, Box 247 

Signature 

Prodnct: Creosote Oil 

Namc and Title Walter G. Talarck 

Anthorized Agcnt 
22

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

the instructions and completing the necessary forlllS. Send commcnts estimate or an

". to: Vil'cctor, OPPE Iuformation Management Division (2137), U.S. Protection Agcncy, 

& Addrcss: Lonc Star Spccialty Products, U"C 

P.O. Box 247 

Signature 

Product: Creosote Oil 

Namc and Titlc Waltcr G. Tahlreb 

Authorized Agent 
23

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

per rcsponse 

instrucnons aud complcting the necessary forms. Scud comments regarding the burden estimate or an

to: Director. OPPE Information Managemcnt Division (2137). U.s. Environmental Protection Agcncy, 4

AppliCllnt's/Registrant'tName & Address: tonc Star Specialty Products, LLC 

P.O. Box 247 

Signature 

"d 

Product: Creosote Oil 

N:une and Titlc Waltel' G. Talarek 

Autholizcd Agent 
Page 24-*Confidential Statement of Formula may be entitled to confid
25

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

pc\' response _ 

reading the instructions and completing the forms. Send comments regarding the burden estimate or a

the burdclI to: Dircctor, OPPE Information Management Division (2137), U.S. Environmental Protection Agency, 

plicant's/Registr!l.nt's NAme & Address: Lone Star Specialty Prodncts, LLC 

" P.O. Bo:.:247 

Product: Creosote Oil 

Signatnre Namc and Title Waltcr G. Talarek 

Authorized Agent 
26

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

the instructions nnd completing 01' n

burdcn to: Dircctor, Ol'PE illformntion Manngemcnt Division Protection Agency,

& Address: Lonc Star Specialty Products, LLC 

P.O. Box 247 

Signatnre 

Prodoct: Creosote Oil 

Name nnd Title Walter G. Tlllarck 

Autlwrizcd Agcllt 

PA
27

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

pcr response tor registration activities and lI

. Scnd comments regarding thc burdeu estimate or an

to: Director, OPPE Division (2137), U.s. Environmental ProtectIon Agcncy, 

!Same & Address Lunc Star Specialty products, LLC 

P.O. BOl( 247 

Product: Creusote Oil 

Signature Name and Title Walter G. Talarek 

AuthorIzed Agcnt 

PA

PA
28

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

or a

(2137), U.S. Environmental Protectioll Agency, 

Applicll.ut'slRegi!C1cd:Jt':: !Same & Address: Lone Star Specialty Produets, LtC 

Box 247 

SignDture 

Product: Crcosote Oil 

Name Dnd Title Walter G. Talarek 

AuthorIzed Agent 
29

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street,S,W. 

WASHINGTON, D.C. 20460 

instructions and completing thc necessary estimate or an

to: Director, OPPE Information Managcment Divisiou (2137), U.s, Protection Agency, 

l'l"ame & Addrcss: Lone Star Spccialty Products, LLC 

P,O. Box 247 

,--,-v-.-,'-

Signature 

Product: Crco$ote Oil 

Name and Title Walter G. Tlllllrek 

Authorizcd Agent 
30

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.c' 20460 

for reading the instructions and completing tbe necessary forms. Send comments rcgording the burden estimate or al

the burden to: Dircctol', OPPE Information Management Division (2137), U.S. Environmental Protection Agency, 

)ticant'sJRegistraut's Name & Address: Lone Star Specialty Products, LLC 

P.O. Box 247 

Signature 

Product: Crcosote Solution 

Namc and Titlc Walter G. Talarek 

Authorized AgCllt 
31

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, s. w. 

W ASH1NGTON, D.C. 20460 

rca ding thc instructions alld complcting the necessary forms. Send comments 

the burden to: Director, OPPE Information Managcment Division (2137), U.S. 

ATJplicant'sIRegistrant'5 Name & Address: Lone Still' Specialty Products, LLC 

P.O. Box 247 

Product: Cl'eosotc Solution 

Signature Name and Title Walter G. Talarek 

AuthorizedAgent 
32

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

"d i»1J'dM 

to: Director, OPPE Environmental Proteelion Ageney, 4

Applieant'slRegistrant's Name & Address: Lone Star Specialty Products, LLC 

P.O. Box 247 

Signature 

versiou. 

Product: Creosute Solutiou 

Name and Tille Walter G. Talarek 

Authorized Ageut 
33

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Rlva Ridge Drive 

Great Falls, VA 22066*1620 

PHONE: 703*759-4837 

FAX: 703-759*5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAil RETURN RECEIPT REQUESTED 

Coopers Creek Chemical Corp. 

W IS River Road 

West Conshohocken, PA 19428 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, lLC of Lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote {PC Code 2S004} as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone 5tar is using the selective method of 

data support with the cite-an option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the dte-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (non* 

guideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the foliDwing information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of Laboratory which conducted the study; 

Page 1 of 2 
34

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's G;ood Laboratury ;'1racticE. 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above~identified data requirements 

for which Lone Star is using the dte-all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration dedsions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Walter . Talarek 

Authorized Agent 

Lone Star Spedalty Products, LLC 

Page 20f2 
35

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAil: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED 

Trenton Sales, Inc. 

P.O. Box 155352 

lufkin, TX 75912 

Dear Madam or5ir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the u.S. 

Environmental Protection Agency ("EPA") forthe registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone 5tar has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPT5 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-OB-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters Ust under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

1. Title of studYi 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

Page lof2 

'.: 
36

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA'~ Soq!; Labof<3t,ory Pract:ce 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review ofthe study, data evaluation review or in registration or reregistration 

correspo ndence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3{c){l){F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, fur one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FlFRA. 

Thank you very much for your cooperation. 

Sincerely yours 

Authorized Agent 

Lone Star Specialty Products, llC 

Page 2 of2 
37

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAil RETURN RECEIPT REQUESTED 

Reilly Industries, Inc. 

300 North Meridian Street 

Suite 1500 

Indianapolis, IN 46204 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, LlC of lone Star, Texas ("Lone Star"), lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil a nd Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPT5 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters Ust under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

Page 10f2 
38

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c){1){Fl, and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Authorized Agent 

lone Star Specialty Products, llC 

Page 20f2 
39

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

I. Schneid 

P.O. Box 16247 

At[anta, GA 30321 

Dear Madam or Sir: 

[ am writing to your on behalf of Lone Star Specialty Products, LLC of Lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe preSsure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

[n applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Fie[d study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Fonnulation on which the study was conducted, 1. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

Page 1 of2 
40

4. Author of study; 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

B. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above~identified data requirements 

for which lone Star is using the cite~an option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used forthe use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yo 

Authorized Agent 

lone Star Specialty Products, llC 

PageZof2 
41

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAil - RETURN RECEIPT REQUESTED 

Engineering 

P.O. Box 2497 

Inverness, Fl32651 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.5. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lOne Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September200S); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters list under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the fol/owing information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. TItle of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

Page 10f2 
42

4. Author of studYi 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPAi 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study,data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensationi and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Stars position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under F!FRA. 

Thank you very much for your cooperation. 

Sincerely your: , 

&sJ~ Walter . Talarek 

Authorized Agent 

lone Star Specialty Products, llC 

Page 2 of2 
43

lAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066·1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAll- RETURN RECEIPT REQUESTED 

Koppers, Inc. 

436 Seventh Avenue 

K·1800 

Pittsburgh, PA 15219 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide,and Fungicide Act ("FIFRA") to the US. 

Environmental Protection Agency (UEPA") forthe registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters list under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. M aster Record Identification Number, 

pagelof2 
44

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

S. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance ofthe study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanatlon of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, lone Star hereby offers to pay com pensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be :equired to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours 

Walter 

Authorized Agent 

lone Star Specialty Products, llC 

Page20f2 
45

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAil: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Rutgers VFT 

9555 W. Sam Houston Pkwy. 5. 

#600 

Houston, TX77099 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FlFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sale active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters list under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

.2. Master Record Identification Number; 

Page 10f2 
46

3. Formulation on which the study was conducted, i. e, name and percentage of activE' ingr<::dient 

and relevant AWPA Standardi 

4. Author of studYi 

S. Name of laboratory which conducted the studYi 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above~identified data requirements 

for which Lone Star is using the cite~alJ option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, ifany, to be used forthe use of the data. 

Nothing in this letter shOUld be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the baSis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours, 

Walter G. alarek 

Authorized Agent 

Lone Star specialty Products, LLC 

Page 20f2 
47

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759~5S48 

E-MAil: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Spray Drift Task Force 

1900 K Street, N.W. 

Washington, DC 20006 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, LLC of Lone Star, Texas {"Lone Star"}. Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the ate-all option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the ate-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPT5 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R~08-007; 

September2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under pC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of studYi 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

Pagelof2 
48

4. Author of study; 

S. Name of Laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

SinCereIYYO~J 

Walter, . Talarek 

Authori ed Agent 

Lone Star Specialty Products, LLC 

Page2of2 
49

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MA[l: wta[arek@verizon.net 

November 19,2011 

DELIVERED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED 

Osmose Utilities Services, Inc. 

980 Ellicott Street 

Buffalo, NY 14209 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star is citing and relying on certain specified 

data belonging to your company to fulfill OCSPP Guideline Numbers 830.6303 and 830.7300, as follows: 

MRID 46027001; Muchow (2003); Osmose Utilities services, Inc.; Osmose/2003/2, ORO/12C/0. 

If you require compensation for the above study identified by MRID number, please provide the 

following infonnation for the study: 

1. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review ofthe study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost olthe study, along with receipts and an explanation of how each cost figure was 

derived; 

5. Compensation received to date for the study, and number of persons paying such 

compensation; and 

6. Compensation sought from lone Star for the study, with your rationale for how the 

compensation was calculated. 

Page 10fZ 
50

For the above data cited by MRID number, Lone Star hereby offers to pay compensation to the extent 

required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determire the a:nOU:lt and 

terms of compensation, if any, to be used forthe use of the data. 

Nothing in this letter should be construed to waive lone Star's posiflon that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

SinrYYOj~ 

Walter G Talarek 

Authorized Agent 

lone Star Specialty Products, llC 

Page 2 of2 
51

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066·1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAll- RETURN RECEIPT REQUESTED 

KMG-Bernuth, Inc. 

95S5 W. Sam Houston Pkwy. South 

Suite 600 

Houston, TX 77099 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, LLC of Lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote {PC Code 25004} as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star is citing and relying on certain specified 

data belonging to your company to fulfill certain OCSPP data requirements, as follows: 

1. OCSPP 830.6317 and 830.6320 MRID 453S6201; Sparacino (1999); Research Triangle Institute; 

70C·6939/7674: RTI/6939/7674and 

2. MRID 45356202; Sparacino (1999); Research Triangle Institute; 7OC-6939/7674: RTI/6939/7674. 

For the above studies identified by MRID number and for which you require compensation, please 

provide the following information for each study: 

1. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance ofthe study as satisfying the applicable gUideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

5. Compensation received to date for the study, and number of persons paying such 

compensation; and 

Page 1 olZ 
52

6. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

Forthe above data cited by MRID number, Lone Star hereby offers to pay comj:u,sat:'un to t,le t::>:tent 

required by FIFRA section 3{c)(1){F), and offers to commence negotiations to determine the amount and 

terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Stars position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, forone or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours, 

J~ 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page2of2 
53

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066~1620 

PHONE: 703~759-4837 

FAX: 703~759-5S48 

E~MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED 

Creosote Council III 

1150 18th Street, N.W. 

Suite 1000 

Washington, DC 20036 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, lLC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the u.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end~use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sote active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star is citing and relying on certain data 

identified as belonging to your consortium. The data upon which lone Star is relying and the OCSPP 

guideline numbers that the data address are as follows: 

1. OCSPP 830.6317 and 830.6320 - MRID 45355601; SparaCino (1999); Research Triangle Institute; 

lab Project Number: 70C-6939/7674: RTI/6939/7674; 

2. OCSPP 830.6317 and 830.6320 - MRID 45355602; Sparacino (1999); Research Triangle Institute; 

lab Project Number: 70C-6939/7674: RTI/6939/7674; 

3. OCSPP 870.3700 - MRID 44839802; York (1994); International Research & Development Corp.; 

Lab Project Number: 672~002; 

4. OCSPP 870.3800 - MRID 44839801; York (1995); International Research & Development Corp.; 

lab Project Number: 672-006; 

5. OCSPP 870.4100 and 870.4200 - MRID 44844401; Nass (1996); Wi! Research Laboratories, Inc.; 

WIL-10000S & WIL-10000SA; 

6. OCSPP 870.7600 ~ MRID 47179501; Fasano (2007); E.!. DuPont de Nemours and Co.; 16303, 

1378, Dupont/19622; 

7. DCSPP 870.7600 - MRID 47179S02; Fasano (2007); E.!. DuPont de Nemours and Co.; 

Dupont/21647, 16308, 1377; 

Page lof3 
54

8. OCSPP Guideline Series 875 - MRID 45323401; Bookbinder (2001); American Agricultural 

Services, Inc. and En-Cas laboratories; AA990308: 98-{)079; and 

9. Non-Guideline - Creosote Permeability Study - MRID 46603501; Hooton, D. (j004); rllidwest 

Research Institute; Project Number 310361/1/003. -, ' _ 

For the above studies identified by MRID number and for which you require compensation, please 

provide the following information for each study: 

1. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost of each study, along with receipt the invoice for each study and an explanation of 

how each cost figure was derived; 

5. Total compensation received to date for the study, including payments received from former 

and current members of Creosote Council I, Creosote Council I! and Creosote Council !II and 

others who were not members of these consortiums, and the total number of persons paying 

such compensation; 

6. If past compensation and other payments were calculated on a basis other than a per capita 

basis, the basis or bases used to calculate the amount of compensation and payments owed; 

and 

7. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the above data cited by MRID number, lone Star hereby offers to pay compensation to the extent 

required by FIFRA section 3{c)(1)(F), and offers to commence negotiations to determine the amount and 

terms of compensation, if any, to be used for the use ofthe data. 

In addition, lone Star has identified three data requirements listed in the Creosote Reregistration 

Eligibility Decision ("RED") and EPA's regulations for which it is using the cite-all method of data support, 

and which are listed as follows: 

1. Particle size, fiber length, and diameter distribution (OPPT5 830.7520); 

2. Field study or simulated study for aquati!= structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your consortium was listed on EPA's Data Submitters Ust under PC Code 2SOO4 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

1. Title of study; 

2. Master Record Identification Number; 

Page Z of3 
55

3. Formulation on which the study was conducted, Le., name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Preofof EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipt the invoice for each study and an explanation of 

how each cost figure was derived; 

12. Total compensation received to date for the study, including payments received from former 

and current members of Creosote Council I, Creosote Council II and Creosote Council III and 

others who were not members of these consortiums, and the number of persons paying such 

compensation; 

13. If past compensation and other payments were calculated on a basis other than a per capita 

basis, the basis or bases used to calculate the amount of compensation and payments owed; 

and 

14. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

If your consortium owns data addressing the above three data requirements, Lone Star hereby offers to 

pay compensation to the extent required by FIFRA section 3(c){1){F). and offers to commence 

negotiations to determine the amount and terms of compensation, if any, to be used for the use of the 

data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Since ely yours~ 

Walter G. alarek 

Authorized Agent 

lone Star Specialty products, LlC 

Page 3 of3 
56

PRIA 2 - 21 Day Content Screen Review Worksheet 

(EPNOPP Use Only) 

3/23/09 

21 Day Screen Start Date: -,CH..aLl/O~f)-!!luILI =-,-"'--,--------,-c 

Experts In-Processing Signature: ()j>an i fC( r'lmnd® Date 0"/ /11/ Ii Fee Paid: Yes 

Division management contacted on issues No Yes Date ______ _ 

EPA Reg. Number: 8 ;U):l4 - V EPA Receipt Date: IYt/Or/ Ii 

Items for Review Yes No N/A* 

1 

2 

3 

Application Form (EPA Form 8570-1)(link to form) signed & complete 

including package type 

Confidential Statement of Formula all boxes completed, form signed, and X 

a) All inerts (link to http://www.epa.gov/opprdOOl/inertsl), 

including fragrances, approved for the proposed uses (see 

Footnote 

Certification with Respect to Citation of Data (EPA Form 8570-34) (Link to 

form) completed and signed (N/A if 100% repack) 

Certificate and data matrix consistent 

If applicant is relying on data that are compensable, is the offer 

to pay statement included. (see Footnote B) 

yes no 

~~-t~~~~~r~~;:~~ ~ 4 completed and (N/ A if source is unregistered or applicant owns the 

5 

6 

Data Matrix (EPA Form 8570~35) (Link to fonn) both internal and external 

copies (PR 98~5) (Link to PR 98~5) completed and signed (N/A if 100% 

Selective 

b) Cite-All (Fee category experts use) 

c) Applicant owns all data (Fee category experts use) 

x 

5 Copies of Label (link to http://www.epa.gov/oppfeadlllabeling/lrm/) X 

(Electronic labels on CD are encouraged and guidance is available)( link to 

http://www.epa.gov/pesficides!regula1ing/regis1ering/submissions/index.htm#labers 

1 

x 
57

7 Is the data package consistent with PR Notice 86-5 (link to PRN 86-5) X 

Notice of Filing (link to 

S htt~:/Iwww.eI!a.gov/l!esticides/re211latimYtolerance J.!etitions.htm) included 

with petitions (link to X 

http://www.epa.2ov/pesticides/reeulatine/tolerances.htm) 

9 If applicable for conventional applications, reduced risk rationale (link to 

http://www.epa.gov/opprd001/workplanireducedrisk.html) X 

Required Data (link to 

htt[!:lIwww.en3.gov/I!esticides/regulatimudata reguirements.htm) and/or 

data waivers. See Footnote C. 

a) List study (or studies) not included with application 

10 

2 
58

Comments: 

• 1"10 if\{Jtsf\lnUltW ,Technical Clne( irnpUrlllU> CirlLLO . (olltoueC/ re~rJ1YClm; 6'0 lY-l/I:1 III -fiX: 

\S1iActcl Od. , V1>\ 0.0, • con{'1Gltnl1CU rno.nUncr i)fI po.~ D Ginet q 

COntrttcllct Nm conhCUnJW,Li1VOCIOJm of pCc~ OiL 

On 04/13}1I QC0riS1'fClm Stnt <JfLlcL'IJ' IAlM.LL1)OOJ G\liJY\'O 'WJa v.:;P'f} up 

fhl QPplrcdnDY'< Wrrn 'Wi Q ChUn;JL. vp Ortctrvvv WlGl it! T\Up.tCJ\lfu mn'ffCG\n'''~ 

(Y1\AGtif.S fUmd f1u -0 I(tvi«;j 

* NIA - Not Applicable 

Footnotes 

A. During the 21 day initial content review, all CSFs will be reviewed to determine 

whether all inerts listed, including fragrances, are approved for the proposed uses. If an 

unapproved inert is identified, the applicant must either 1) resolve the inert issue by, for 

example, removing the inert, substituting it with an approved inert, submitting 

documentation that EPA approved the inert for the proposed pesticidal uses, correcting 

mistakes on the CSF, etc. or 2) provide the data to support OPP approval of the inert or 3) 

withdraw the application. Removing or substituting an inert ingredient will require a new 

CSF and may require submission of data. All infonnation. forms. data and 

documentation resolving the inert issue must have been received by the Agency or the 

application withdrawn within the 21 day period. otherwise, the Agency will reject the 

application as described below. 

To successfully complete this aspect of the 21 day initial content screen, applicants are 

strongly encouraged to verify that all inert ingredients have been approved for the 

application's uses even if a product is currently registered by consulting the inert Web 

3 
59

site [link to http://www.epa.gov/opprdOOllinertsllists.htrnl] and if the inert is not 

approved, to obtain the necessary inert approval prior to submitting an application 

to register a pesticide product containing that inert ingredient. Some inert 

ingredients are no longer approved for food uses or certain types of uses. The name 

and/or CAS number on a CSF must match the name and CAS number on this web site. 

Simple typographical errors in the name or CAS number have resulted in processing 

delays. 

If an inert is not listed on the inert ingredient web site and the applicant believes that the 

inert has been approved, the applicant should contact the Inert Ingredient Assessment 

Branch (IIAB) at inertsbranch@epa.gov and resolve the issue. Copies of the 

correspondence with IIAB resolving the issue should accompany the application. All 

new inerts except PIP inerts are reviewed by IIAB. The IIAB should also be contacted 

for any questions on what supporting data needs to be submitted for and the Agency's 

inert review process. Questions on PIP inerts should be directed to the Chief of 

Microbial Pesticides Branch (Link to 

http://www.epa.gov/oppbppd Ilbiopesticides/contacts bppd.htm J. 

When a brand, trade, or proprietary name of an inert ingredient is listed on a CSF, 

additional information such as an alternate name of the inert, CAS number or other 

information [link to http://www.epa.gov/opprdOOllinerts/tips.pdf] must also be included 

to enable the Agency to determine if it has been approved. Each component of an inert 

mixture (including a fragrance) must be identified. In some cases, the supplier of the 

mixture or fragrance may need to provide this information to the Agency. Prior to the 

Agency's receipt of an application, applicants must arrange with a proprietary mixture or 

fragrance supplier to provide the component information to the Agency or promptly upon 

EPA's request. If the inert ingredients in a proprietary blend (including fragrances) 

cannot or are not identified or provided within the 21 ~day content review period, the 

Agency will reject the application. 

During the 21 day content review, applicants should submit information to the individual 

identified by the Agency when the applicant is informed of an unapproved inert. 

Unapproved Inerts Identified on CSFs 

All applications except conventional new products and PIPs 

Once an unapproved inert is identified on a CSF, the Agency will contact the 

applicant with the following options: 

1. Correct the application by, for instance, correcting the inert's identity or CAS 

number, providing documentation that the inert has been approved, or 

removing the unapproved inert from the CSF or replacing it with one that is 

approved for the application's uses; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert. If this option is selected and implemented, the Agency may 

request an extension in the PRIA decision review timeframe to accommodate 

the inert review/approval process; 

4 
60

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of these options is selected and implemented by the applicant within the 

21 day content review period, the Agency will reject the application and retain 

25% of the full fee of the category identified. 

Conventional New Product Applications 

When the Registration Division identifies an unapproved inert on a CSF with an 

application for a new product that the applicant has not identified as requiring an 

inert approval (R311, R312 or R313), it will contact the applicant with the 

following options: 

1. Correct the application by, for instance, correcting the inert's identity or CAS 

number, providing documentation that the inert has been approved, or 

removing the unapproved inert from the CSF or replacing it with one that is 

approved for the application's uses; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert, including any required petition to establish or amend a 

tolerance or exemption from a tolerance. (This option may change the PRIA 

category for the application, which could require a longer decision review 

time and a larger fee. If additional fees are due, they must be received by the 

Agency within the 21 day content review period.) 

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of the above options is selected and implemented during the 21-day 

content-review period, the Agency will reject the application and retain 25% of 

the appropriate fee for the new product-inert approval category. 

PIP Applications 

When the Biopesticide and Pollution Prevention Division identifies an 

unapproved inert on a PIP CSF and a request to approve the inert does not 

accompany the application, it will contact the applicant with the following 

options: 

1. Correct the application by, for instance, correcting the spelling or name of the 

inert to that in 40 CFR 174, or providing documentation that the inert has been 

approved; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert. If an inert ingredient tolerance exemption petition is 

required, the petition must be received by the Agency and the B903 fee paid 

within the 21 day period. If this option is selected and implemented, the 

Agency will discuss harmonizing the timeframe for both actions. 

5 
61

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of the above options is selected and implemented during the 21 day 

content review period, the Agency will reject the application and retain 25% of 

the fee. 

B. A policy on documentation of offers to pay is still being developed, however, for a 

me-too or fast track (similar/identical) new product, R300 or A530, an application 

without the necessary authorizations of offers to pay will be placed into either R301 or 

A531. The Agency recommends that authorizations of offers to pay be submitted with 

other PRIA applications to avoid delays in the Agency's decision. 

C. Biopesticide applicants are advised to contact the Agency and discuss study waivers 

prior to submitting their application to the Agency. Documentation of such discussions 

should be submitted with the study waiver. 

6 
62

Re: EPA Submission: Creosote Solution, Creosote Oil (82024-R, E) 

Walter Talarek 

to: 

Jennifer Brandon 

04/14/201103:53 AM 

Cc: 

chris smith 

Show Details 

Dear Jennifer, 

Page 1 of2 

Please find attached a revised "Statement of Confidentiality Claims" page (page 2) for Volume 3 of 

Lone Star Specialty Products, LLC's (Lone Star's) application for registration of Creosote Oil, EPA File 

Symbol 82024-E (Scan_Doc0043). 

Also, please find attached a copy of the change of address notification for Lone Star that I sent to EPA 

by courier on Tuesday Scan_Doc0042), 

Thank you for your guidance in correcting this volume. 

Sincerely, 

Walter G. Talarek 

Authorized Agent 

Lone Star Specialty Products, Inc. 

703-759-4837 

--- On Wed, 4/13/11, Brandon.Jennifer@epamail.epa.gov <Brandon.]ennifer@epamail.epa.gov> 

wrote: 

From: Brandon.Jennifer@epamai1.epa.gov <Brandon.Jennifer@epamail.epa.gov> 

Subject: EPA Submission: Creosote Solution, Creosote Oil (82024-R, E) 

To: wtalarek@verizon.net 

Cc: Nair.Sree@epamai1.epa.gov 

Date: Wednesday, April 13, 2011,2:02 PM 

Mr. Walter, 

I forgot to mention over the phone earlier today that 1 will be out of 

the office on Friday 04/1512011. You can send the corrections on Friday 

and I will make all necessary changes to the studies on Monday morning. 

If you have any questions or require additional information, please do 

not hesitate to contact me. 

Study 02: Volume 03: Product Chemistry, Preliminary Analysis (830.1700) 

The statement of no Data Confidentiality is contradicted by the 

markings on pages 8 and 9. You can add a supersede statement to 
63

page 2 that will override the confidential markings. 

Jennifer Brandon 

Data Analyst (EPA Contractor) 

2777 S. Crystal Drive 

Arlington, VA 22202 

Ph: 703-305-0074 

Fax: 703-305-5060 

Email: brandon.jennifer@epa.goY 

Page 20f2 
64

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

April 8, 201 I 

OPP Decision Number: D-447509 

EPA File Symbol or Registration Number: 82024-E 

Product Name: CREOSOTE OIL 

EPA Receipt Date: 07-Apr-2011 

EPA Company Number: 82024 

OFFICE OF 

PREVENTION, PESTICIDES AND 

TOXIC SUBSTANCES 

Company Name: LONE STAR SPECIALTY PRODUCTS, LLC. 

MICHAEL A. JACKSON 

BRAZOS ASSOCIATES, INC. 

LONE STAR SPECIALTY PRODUCTS, LLC. 

1806 AUBURN DRJVE 

CA.RROLLTON, TX 75007-1451 

SUBJECT: Receipt of Application and 75% Small Business Waiver Request 

Dear Registrant: 

The Office of Pesticide Programs has received your application, 75% small business 

waiver request, and certification of payment. If you submitted data with this application, the 

results of the PRN M

86 M5 screen will be communicated separately. During the administrative 

screen, the Office of Pesticide Programs has determined that this Action is subject to a Pesticide 

Registration Service Fee as defined in the Pesticide Registration Improvement Act. 

The Action has been identified as Action Code: A550 

NEW PRODUCT;NON-FAST TRACK;OTHER USES; 

Your request for waiver has been forwarded for review. You will be notified in writing when a 

detennination is made regarding your request. If your waiver request is approved, the decision 

review time period will start on the date of approval. If your waiver request is denied, you will 

receive an invoice for the outstanding balance. 

If you have any questions, please contact the Pesticide Registration Service Fee 

Ombudsman at (703) 308-6427. 

& Resources Management Division 
65

I 

IFee for Servicel {893527?-

This package includes the following 

Cil New Registration I 

'-o_A_m_en_d_m_e_n_t ____ -' I 

for Division 

CilAD 

°BPPD 

°RD 

o Studies? 0 Fee Waiver? I 

I 0 volpay % Reduction: _ I I . ~ I 

Risk Mgr. 

Receipt No. 

EPA File Symbol/Reg. No. 

Pin-Punch Date: 

s-I 893527 

,

:= ========~ . 82024-E 

1 4/7/2011 

D This item is NOT subject to FFS action. 

l 

,----'AI'n(\j--tmTr· u"'I"r1C~odrte<:>':---1 ParentiCh ild Decisions: 

Requested: 1 A SoD I [I 

Granted: I A ssO 1 1 

Amount Due: $ '-ib Dl ['----_______ --.J 

L-_____________ _ 

D Inert Cleared for Intended Use D Uncleared Inert in Product 

Reviewer: YON' \ Date: y I qj II 

Remarks: 

APR - 8 2011 
66

Print Letler 

Enter More Information 

Tracking 

... 0" ,,"''Me'''.C'''t''oo#·1 r c.. '--'-~~-..•. P'.~~ct·.: '~'~~'m':,,'e: ', .. i" •...-.. • ::,"'-'-'--~~_-"_'-_~ sectiOi{3: t 

'::, ':AP~Ii~n:'D,8te:" p"A7_~A-P-'_~20~1~1-: I!i~U ,', 'OPP'Rec'vd Dete: fJ7-APr-;OH 'fu2f 1 

"F'rontEndDiite: 'ps_Apr_2011 ,liar R;;kM~~ge~,S,endDate:, I ,'I!aJ ,'fF~ oU~' Date: ~~~i8t'~d' Due'Date: f,----O"' 

OPP"T;getDate:, 

n:~ck C 

Receipt Description: 

r""'''''" 'oe ""01''''00 

h~"'" u"',,'~,,,~e,,:':9~~~ipt,,':::~'i:;,,'§irt-,,:6nt~:::~: :,:~. -" •. \f-===,-",,',1,7':" jf"""s~c-'····'=· ~=~jF·~· ~~.~.·v. 

)/, 

_-,v",e:;.w,,'E=-d=-it'---!l 
67

FEE FOR SERVICE 
68

"' .. 6. "OI1~Hfon e!lIi'J:l ftHm. 

Print Form 

Form ADDrr ' OMR No. "070-0060 

United Statas ~. Registration OPF Identifier Number 

&EPA Environmental Protection Agency Amendment 

W .. hington, DC 20460 Other 

Application for Pesticide· Section I 

1. Company/Product Numbor 2. EPA Product M.neger 3. Proposed Clusificotion 

82024- G Jacqueline McFarlane 

DNo~ o Restricted 

4. Compony/Product {NameJ PM' 

Creosote Oil 34 

5. Name and Addr ... of Applicant (Include ZIP Codll) 6. Expedited Review. In accordance with FIFRA Section 3{c)(3) 

Lone Star Specialty Products, LLC (b) II). my product is similar or identical in composition and labeling 

P.O. Box 247 to: 

Lone Star, TX 75668 D EPA Reg. No. 

o Check if thi$ /$ • new add,lIU Product Name 

Section ~ II 

0 Amendment - Exphlin below, 0 Final printed label. in response to 

Agency lettflr data:! 

0 Rewbmi .. ion In r08ponse to Agoncy letter detod 0 ~Me Too~ AppliClition. 

0 Notificetion - Explain below. 0 Other· Explain bolow, 

Explanation: U.e additional pegelsllf nacusory. lFor section I ond Section II.) 

Application for registration requiring PRIA service fee. PRIA fee category is A550 because product is non-FQPA end-use product with 

uses other than FIFRA sect"ron 2{mm) and contains old active ingredient from unregistered source. Applicant is requesting small 

business fee waiver. Applicant may be contacted atwtalarek@verizon.netor703-759-5548 (fax). 

Ori8i nO! ClppliCCrtloo 

1, Material This Product WUl a. Peckeoed In: 

Child-Resisant Pacbging Unit PIICkoging (\Q,l()On.lJmt" aging 2. Tvpo of Contllintlr 

03/13 1.;/ Cha~ of 

t~r-'" r- v .. 

X No Ix No ~MO'. acta~J CwllC>Wi nO' pt.-dc 

Glase 

e Cortification must • "vo," it> -S Th'\C) No. por Peper 

Unit Packeg'mg w containor Othor (SpocifyJ btl $ubm/tt8d 

3. Locetion of Net Contents Information 4. Si'zols) Rotell Containor 5. Locotion of Label Diroctions 

iii o Container 10.000 1B.OOO 6C3 On Label 

Lab,I & gals. On Labeling .ec:companying prodUct 

6. Manner in Which Label II Affixed to Product p Uthograph U Othar 

PIIP" Peuad Stonci ed 

Section ~ IV 

1. Contact Point ICompIetB irBmS iffftICtly blllow fo, idBntifiClltion of individual to bll contllCtlld. if neCII#tUy. to process thi6 application.) 

N_ Title I. Telephone No. (lncludo Aroe Code) 

Walter G. Talarek Authorized Agent 703-759-4837 : > < 

• ,~'" > , , , Certification , 8. Date-Applicution 

I Clrtify thut the .totemeFltS I heve modo on thit> form lind IIlllltt8chmonts the18to 810 Wo, flccurate end c~P!~,_ Roceived 

I eeknowlodge thot env knowin/se or misleeding stotoment may bfl punishable by fine or irnpriwnment or' (Stamped) both under appHcabJe ktw. ,. , , , , 

2. Signature 

[}fi~~ 3. Title " , , " 

Authorized Agent , . , } , , . 

I 4. Typed Nome 5. Dots , ,,} , WalterG. Talarek Apr"rI4,2011 

. . EPA Form 8570-1 IRev. 8-94J PreVIOUS: oclltione oro obsolete • Yellow' Applicant copy 
69

---- .h "'=A ,,~ "i" 

Unil8d Stet •• § Registration OPP Identifier Numb.r oEPA Environmental Protection Agency Amendment 

W .. hlngton. DC 20460 x Othar 

Application for Pesticide - Section I 

1. Company/Product ~r 2. EPA Product ~.g.r 3. PropoHd cr...ifiOlltion 

82-0:[1f JacquelineMcFarlane o None 4. Company/pfOduct CNem.1 PM. o R •• triorlld 

lone Star Specialty Products, llC 34 

5. Name ~ Addt.q of AppliOllnt (incluiH ZIP Q:,th) 6. Expedited Review. In accordarlCll with FIFftA Section 3{cJ(3) 

Lone Star specialty Products, LLC fblfi), my product Is simiiar or identicalln composition and labeling 

c/o WalterG. Talarek PC 1008 Rlva Ridge Drive to, 

Great Fails, VA 22066-1620 0 EPA Reg. No. 

o Check If tJHs " • new .ddrfl# Product Name 

Section * II 

0 Amendmont· ExpIein billow, 0 An.! prin* llbela In r"ponso ttl 

Ageney IWar dllted 

0 Rnubmi .. ion In "'POM_ to Agency letter dlrted 0 ~M. Too· Application. 

0 Notification· Explain below. El Ottar- Explain boIow. 

Explanation; UN IIddltional peg_isllf nee __ ry. IFor .ection I and Section II.) 

Change of company's address (COADR). () fUO. red Ct pp II can on 

fOrm wjChOl'I't of 

ctcLdre,u 0tnt" 03 j /3 

1. MatarW 1111e Product Will .. Peckell8d In: 

Chlld-R""tar1t Padmaing Unit hckagino 2. Type of Container 

B:- BYM §f"· N. U N. Ploetic 

GI .. e 

• CM1ificIItiDn mU$t If "'V .. - No. per II-Y .. - Ho.p..- Paper 

Unit ,"-ckaging wgt. conillinor Paclc:oge wgt conlalner Other ISpecify) JJ.zubmlttod 

• 

3. Location of Net Contants InfoJl"l'let.ion 4. Si:zal$/ RetIM1 Contllin.r 5. Location of Lobo! Diractiono 

0 .... o ContaoitMr 

B Eml..ebei 

On I.obcIUng acOOl'nPllnying product 

6. Manner In Which Label I. Affixlld to Product 

__ BiPap~ufJd 

graPh D°·'" 

Sa .. 

Section - IV 

I. Contect Point (~hI itMnJI tf~tJy b.Jow for id.ntiliC4tknt of indlvfdUIII to ba txmtat:hld. ff~. to prtJCU$ this fWJIit::atitm.f 

N_ T"'. Talophona No. !lnclud. Aru Code! 

WalterG. Talarek Authorized Agent 703-759'4837 

Certfficatlon 6. Oete Application 

'""fy"', ................ ~: ... , f~.nd" ..... Im,,'" ....... ". 'NO, .~"" ••• M """"', .... R.c:eivod 

I acknowled~ thai any knowing! .. or mi.doading slll/amani moy be puniaMbl. by fina or imprisonment or (Stamped) 

""ttl tlnd" _UCIible "W. 

2. SigMtur. 

fS~~ 3. Titl. 

Authorized Agent 

4. Typed Nama U 

5. Data 

Walter G.TaJa rek April 12.2011 

.. EPA Form 8670-1 fRev. 8-94) PreVlou. edlno~ are ob5o/0[e:. WhIta • EPA FU. Copy loriolMJl Vailow • Applicant Copy 
70

STAR 

TIJ;:S, Ltc 

Jacqueline McFa~ane 

Product Manager, Team 34 

Antimicrobials Division (7510P) 

Office of Pesticide Programs 

March 21, 2011 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460-0001 

Re: Application for Registration of Lone Star Specialty Products, Inc.'s Creosote 

Products . 

Dear Ms. McFa~ane: 

I hereby authorize Mr. Walter G. Talarek to act as Lune Star Specialty Products, 

Inc.'s ("Lone Sta~s") agent and representative for the purpose of registering [s 

creosote products with the Environmental Protection Agency. These products 

contain eHher Pl/P13 or P2 creosote as the sole active ingredient This authority 

includes, without limitation, the authority to sign all documents necessary to 

accomplish this purpose and to access any corifidential information and files that 

have been submitted in support of Lone Sta~s applications for registration. 

Chris 

2a7&~~ O. Smith 

President 

County of !YIorriS ) 

) 

State of Texas ) 

Swom and subscribed before me I;; my presence by Mr. Chris SmHh, President, 

the one Star SP.,Bcialty Products; Inc. on Marc~2011. 

~ --.. ~ ':=""== . My commission expires: _..£/_-_t.-=CJ--,"I.~d-:~~:':-";';';;;;;:;:.J 

physical I 6412 U.S. Hwy 259 South lone Star, TX 75668-3102 

main 1903,656.253 

toll 1800.256.203 
71

CONTAINS CONFIDENTIAL BUSINESS 

Jacqueline McFarlane 

PM 34, Antimicrobials Division 

LAW OFFICES OF 

WALTERG. TALAREK, p.e. 

1008 RIVA RIDGE DRIVE 

GREAT FALLS, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MA!L;WTALAR~K@VERIZON.NET 

April 4, 2011 

c/o Document processing Desk (REGFEE){APPL) 

Office of Pesticide Programs (7504P) 

U.S. Environmental Protection Agency 

Room 5-4900, One Potomac Yard 

2777 S. Crystal Drive 

Arlington, VA 22202 

Re: Applications for Registration of Creosote Oil and Creosote-Solution 

Dear Ms. McFarlane: 

On behalf of lone Star Specialty Products, LlC of Lone Star, Texas ("Lone Star"), I am submitting 

applications for registration for its Creosote Oil and Creosote-Solution products. These two products are 

end-use products that are to be used forthe pressure treatment of wood. Lone Star's products contain 

coal tar creosote, PC Code 2S004, CAS No. 8001-58-9, as their sole active ingredient. Lone Star's 

Creosote Oil conforms to AWPA Standard P1/P13 while its Creosote-Solution conforms to AWPA 

Standard P2. 

The technical grade active ingredient ("TGAI") in the lone Star creosote end-use products ("EPs") is the 

same as the EPs. In other words, the TGAI = EP. Further, the active ingredient is produced only during 

the production of the EPs, and therefore the EPs are produced by an integrated system. 

Before discussing how Lone Star is specifIcally addressing the data requirements applicable to the 

registration of its creosote products, I would like to draw your attention to two very important facts. 

First, the production facility at which Lone Star has been producing coal tar enamel products and will be 

producing its creosote wood preservative products, i.e., EPA Est. No. 82024-TX-1, is the same facility at 

which Reilly Industries, Inc. ("Reilly"; EPA Company Number 14S6) produced its coal tar enamel altd ~ ",""' •• » registered creosote products, i.e., 1456-TX-1, from 1950 to 2006. , -; - , , , " , 

Lone Star purchased the Rei/ly facility in 2007. Since 2007 lone Star has been produc:n'g' coal tar enameL 

pitches and other distillate-oil non-pesticide products at this facility for coal tar suppll~'s: ' > >, ; 

Therefore, lone Star's production facility has operated continuously under differen't'ow'ners , , from J~.r'n'e 

19S0 to the present day, with over 10,000 days of coal tar processing. , . , > , , " 

page 1 of3 
72

Second, Lone Star will be producing AWPA P1/P13 and P2 creosote wood preservative products that are 

substantially similar in composition to those previously registered to Reilly. (Please note that Reilly 

previously held 10 creosote registrations, and 8 ofthese were cancelled in 1990, while the remaining 2 

were transferred to KMG-Bernuth, Inc., EPA Company No. 61483, in November 1999. However, Reilly 

and subsequently Vertellius Specialties, Inc. continued to produce P1/P13 and P2 creossote products at 

the Lone Star, Texas facility until 2007. ). Therefore, in applying for the registrations for its creosote 

products, Lone Star is citing and relying on the product chemistry data that Reilly developed and 

submitted on its registered AWPA P1/P13 and P2 creosote products in response to EPA's "Guidance for 

the Reregistration of Pesticide Products Containing Coal Tar/Creosote as the Active Ingredient (EPA 

Number 128935, Case Numbers 639 and 137; April 1988). 

Even though Lone Star has cited and is relying on the data submitted by Reilly to fulfill the data 

requirements for preliminary analysis, it also is submitting two studies addressing this data requirement. 

The first product chemistry study was conducted by GW/S Environmental Services on samples of lone 

Star's Creosote 011 (P1/P13) and KMG-Bernuth's P2 product. The Lone Star P1/P13 sample was produced 

at Lone Star's Lone Star, Texas facility. This study identified the major components of both products, 

which were mainly PNAs, by gas chromatography. Moreover, the study demonstrated that the 

components of the two products were within 1% of each other, and basically the products were 

substantially similar products. The GW/S study also was used to respond to the issue of whether the 

Lone Star Pl/P13 and KMG-Bernuth P2 products when mixed with crude oil or diesel fuel met the AWPA 

P3 Standard for the 2010 AWPA spring meeting. The second study contains a historical compilation of 

selected analyses of P1/P13 and P2 products produced by Reilly and Lone Star at the Lone Star, Texas 

facility. The analyses were conducted using AWPA Standard A1. 

With three exceptions, Lone Star is using the selective method of data support to address the applicable 

generic and product-specific data requirements. The three exceptions are the generic data requirements 

for (1) a leaching study for release of creosote components from creosote-impregnated wood (no OPPTS 

guideline number) and (2) a field study or simulated study for aquatic structures, sediment 

concentration study (OPPTS 850.1950) and the product-specific data requirement for (3) a particle size, 

fiber length, and diameter distribution study (OPPT5 830.7520). For these three data requirements, Lone 

Star is using the cite-all option. 

With regard to the product-specific data applicable to the registration of Lone Star's creosote products, 

Lone Star is using the selective method of data support and submitting data on (1) product identity and 

composition (OPPTS 830.1550), (2) description of materials used to produce product, (3) description of 

production process (OPPTS 830.1620), (4) discussion of formation of impurities (OPPTS 830.1670), (5) 

preliminary analysis (OPPTS 830.1700) and (6) certified limits (OPPTS 830.1750). However, because Lone 

5tar's creosote products are substantially similar in composition to the products previously registered to 

Reilly and are produced at the same production facility where Reilly produced its registered creosote 

products, Lone Star also has cited and is relying on the product chemistry data on Reilly's P1/P13 and P2 

creosote products in EPA's files, specifically the data on preliminary analysis (OPPTS 83(117bO), >.~~" .". enforcement analytical method (OPPTS 830.1800), reports of multiple pnyswal' and ch§!mical 

characteristics (OPPTS 830.6300), storage stability (OPPTS 830.6317) and cortasi~n; characteristics 

(OPPTS 830.6320). Further, with regard to the acute toxicity data requirements, U)~e;*ar is citing old 

data that were submitted by the Creosote Council (EPA Company Number 63700) and that are'liste;{j in , •• 0 , , • 

the Data Requirement Table of Appendix B of the Creosote RED (EPA 739-R-08-oo7j S~ptqmber 200,8). 

," ' 

Page2of3 

, " , , " 
73

Lone Star has used the Creosote RED to identify the generic data requirements applicable to the 

registration of its Creosote Oil and Creosote-Solution products and the data in EPA's fries that satisfy 

these data requirements. With four exceptions, Lone Star has cited all the data listed in the Data 

Requirement table of Appendix B of the Creosote RED. The four exceptions are the data requirements 

for preliminary analysis (OPPTS 830.1700), analytical method (OPPTS 830.1800), storage stabifity (OPPTS 

830.6317) and corrosion characterlstics (OPPTS 830.6320). Forthese four data requirements, Lone Star 

has cited Reiffy Industries' or the Creosote Council's data. Citing the data of the other registrants that 

are listed in the Data Requirement table for these four data requirements is redundant, duplicative and 

unnecessary. 

Lone Star submits that the applicable PRIA fee category for its products is AS50. Lone Star's Creosote Oif 

and Creosote-Solution wood preservative products are substantially simifar in their uses and 

formulations to products currently registered with EPA. Moreover, the technical grade of the active 

ingredients in the products is the same as the end-use products. Further, the wood preselVative use is a 

use other than a FIFRA section 2(mm) use. However, Lone Star is using the selective method with the 

cite-all option to address the generic and product-specific data requirements applicable to the 

registration of these prod ucts. Therefore, Lone Star believes that PRIA fee category A5S0 is the fee 

category which most closely encompasses its applications for registration. 

Lone Star is requesting a small business fee waiver of 75% of the applications fees. Lone Star has 25 

employees and had had no sales of pesticide products during the past three years. In support of these 

statements, I have attached Lone Star's (1) Voluntary Small Business Certiflcation Form for Pesticide 

Registration Fee Waiver/Reduction, (2) IRS Forms 1120S for the years 2008, 2009 and 2010 and(3) IRS 

Form 941 forthe third quarter of 2010. Therefore, I am submitting two checks, each in the amount of 

$1,158, to cover the registration fees for Lone Star's products. 

If you have any questions about these applications, please feel free to contact me. 

Encfosures - Applications for Registration 

CC: Chris Smith, Lone Star 

Page30f3 

, , , . , >"),, ",' , , 

" , 

, , ) ., , 

, ' ",.-; , 
74

TRANSMITTAL DOCUMENT 

1. N arne and address of submitter 

Lone Star Specialty Products, Inc. 

P.O. Box 247 

Lone Star, TX 75668 

2. Regulatory action in support of which this package is submitted 

Application for registration ofCreosate Oil 

3. Transmittal date 

April 4, 2011 

4. List of submitted studies 

Volume 1 

Volume 2 

Volume 3 

Volume 4 

Volume 5 

Company Official: 

Company Name: 

Administrative Materials (See Table of Contents) 

Product Chemistry: Product Identity and Composition 

(OPPTS 830.1550, 830.1600, 830.1620 and 830.1670) 

Product Chemistry: Preliminary Analysis (OPPTS 

830.1700) 

Product Chemistry: Certified Limits (OPPTS 830.1750) 

Product Chemistry: Preliminary Analysis (OPPTS 

830.1700) 

Walter G. Talarek 

Authorized Agent 

Lone Star Specialty Products, LLC 

Company Contact: Walter G. Talarek 

Name 

(703) 759-4837 

Phone 

) , , , . ,,,).,, "" 

•• 

Pagel oft 

" , • ., 
75

TABLE OF CONTENTS 

1. Letter to Ms. Jacqueline McFarlane, Product Manager, Team 34, explaining the 

application 

2. Voluntary Small Business Certification Ponn for Pesticide Registration Fee 

WaiverlReduction 

3. Business Structure of Lone Star Specialty Products, LLC 

4. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2008 

5. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2009 

6. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2010 

7. Employers Quarterly Federal Tax Return (Form 941) - July, August, September 

2010 

8. Application for Registration; EPA Ponn 8570-1 

9. Confidential Statement of Formula (CSF) - Basic Formulation; EPA Form 8570-4 

10. Certification with Respect to Citation of Data; EPA Form 8570-34 

11. Data Matrix (Generic); EPA Form 8570-35 (Agency Copy) 

12. Data Matrix (Generic); EPA Form 8570-35 (public-Use Copy) 

13. Data Matrix (product-Specific); EPA Form 8570-35 (Agency Copy) 

14. Data Matrix (product-Specific); EPA Form 8570-35 (Public-Use Copy) 

15. Label (5 copies) 

16. Correspondence Document: Explanations and Waiver Requests 

17. Letter authorizing registration agent 

18. Copy of check paying PRIA service fee that was sent to Washington Finance 

Center 

'" , 
76

APPLICATION FOR REGISTRATION OF CREOSOTE OIL 

End-Use Product 

EPA Reg. No.lFile Symbol 82024· 

CORRESPONDENCE DOCUMENT: EXPLANATIONS AND 

WAIVER REQUESTS 

DATA REQUIREMENTS 

40 CFR Parts 152 and 158 

AUTHOR 

Walter G. Talarek 

STUDY REVISED ON 

April4,20ll 

STUDY SUBMITTED BY 

Lone Star Specialty Products, LLC 

P.O. Box 247 

Lone Star, TX 75668 

STUDY PERFORMED BY 

Walter G. Talarek, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066·1620 

Jim Kennedy 

One Source 

7208 South Jamestown Avenue 

Tulsa, OK 74136 

STUDY NUMBER 

None 

1 

, , 

, , , 

" , , , " 

• • , " >, 
77

CORRESPONDENCE DOCUMENT: EXPLANATIONS AND 

WAIVER REQUESTS 

Generic Data 

Product Chemistry - OPPTS Series 830 

Product identity and composition (OPPTS 830.1550) 

Cited data on Reilly Industries, Inc. 's PIIP13 creosote that are equivalent to the data 

listed in the Creosote RED, i.e., MRlD 44141201. Lone Star Specialty Products, LLC's 

("Lone Star") has bought Reilly Industries' Lone Star, TX creosote production 

establishment and proposes producing PIIP13 creosote products that are substantially 

similar to those previously registered to Reilly Industries. 

Description of materials used to produce product (OPPTS 830.1600) 

Cited data listed in Creosote RED, i.e., MRlDs 41597801 and 43804901. 

Description of production process (OPPTS 830.1620) 

Cited data listed in Creosote RED, i.e., MRlDs 41597801 and 43804901. 

Discussion of formation of impurities (OPPTS 830.1650) 

Cited data listed in Creosote RED, i.e., MRlDs 41597801 and 43804901. 

Preliminary analysis COPPTS 830.1700) 

Cited data on Reilly Industries, Inc. 's PI/PI3 creosote that are equivalent to the data 

listed in the Creosote RED, i.e., MRlD 44141201. Lene Star Specialty Products, LLC's 

("Lone Star") has bought Reilly Industries' Lone Star, TX creosote production 

establishment and proposes producing PIIP13 creosote products that are substantially 

similar to those previously registered to Reilly Industries. 

Certified limits (OPPTS 830.1750) 

Cited data listed in Creosote RED, i.e., MRlDs 41597801 and 43804901. 

Enforcement analytical method COPPS 830.1800) 

Cited data on Reilly Industries, Inc.'s PIIP13 creosote that are equivalent to the data 

listed in the Creosote RED, i.e., MRlDs 44141201, 44141202 and 44141203. Lone Star 

Specialty Products, LLC's ("Lone Star") has bought Reilly Industries' Lone Star, TX 

creosote production establishment and proposes producing PIIP13 creosote products that 

are substantially similar to those previously registered to Reilly Industries. 

2 
78

Reports o[multiple phys/chem characteristics (OPPTS 830.6300) 

Cited data on Reilly Industries, Inc.'s PlIP13 creosote that are equivalent to the data 

listed in the Creosote RED, i.e., MRIDs 44141202 and 44141203. Lone Star Specialty 

Products, LLC's ("Lone Star") has bought Reilly Industries' Lone Star, TX creosote 

production establishment and proposes producing PIIPl3 creosote products that are 

substantially similar to those previously registered to Reilly Industries. 

Color (OPPTS 830.6302) 

Relying on data in the open literature. The product is dark brown to black, 2.SY2/2 to 

2.SY4/2 on the Munsell color scheme. See February 14, 2008, EPA memorandum titled 

"Product Chemistry Science Chapter for Creosote (PIIP13 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Physical state (OPPTS 830.6303) 

Cited data listed in the Creosote RED, i.e., MRID 46027001. 

Odor (OPPTS 830.6304) 

Relying on data in the open literature. The chemical is reported as having a strong 

aromatic, wood-like odor. See February 14,2008, EPA memorandum titled "Product 

Chemistry Science Chapter for Creosote (PIIP13 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Stability (OPPTS 830.6313) 

Relying on data in the open literature. The chemical is stable at nonnal temperatures and 

pressure. An accelerated stability study was perfonned on four constituents of the 

chemical, i.e., naphthalene, phenanthrene, pyrene, and chrysene, for a period of 30 days 

at 60°C. At the end of the 30-day period, the naphthalene remaining was 96.5%, the 

phenanthrene remaining was 872%, the pyrene remaining was 86.9%) and the chrysene 

remaining was 94.2%. See February 14,2008, EPA memorandum titled "Product 

Chemistry Science Chapter for Creosote (PIIP13 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Flammability (OPPTS 830.6315) 

Relying on data in open literature. Product has a flash point of >200°F (>93.3°C). 

Explodability (OPPTS 830.6316) 

Relying on data in open literature. Product is not explosive. 

Storage stability (OPPTS 830.6317) 

3 
79

Citing data from Creosote RED on North American composite test material ("CTM") for 

creosote PllP13 and on Reilly Industries Pl/P13 creosote, Le., MRIDs 45355601 and 

45356201. 

Corrosion characteristics (OPPTS.6320) 

Citing data from Creosote RED on North American composite test material C'CTM',) for 

creosote Pl/P13 and on Reilly Industries PllP13 creosote, i.e., MRIDs 45355601 and 

45356201. 

pH (OPPTS 830.7000) 

Relying on data in open literature. The chemical has a pH ranging between 7 to 8. 

Boiling point/boiling range (OPPTS 830.7220) 

Relying on data in the open literature. The boiling point is > 180°C (>356°F). 

Density/relative densitylbulk density (OPPTS 830.7300) 

Cited data listed in the Creosote RED, i.e., MRID 75341. 

Partition coefficient (OPPTS 830.7550, 7560 or 7570) 

Relying on data in the open literature. The log P reported for this chemical is 3.247. See 

February 14,2008, EPA memorandum titled "Product Chemistry Science Chapter for 

Creosote (Pl1P13 and P2 Fractions) Registration Eligibility Decision (RED) Process". 

Water solubility (OPPTS 830.7840) 

Relying on data in open literature. The solubility reported for this chemical is 313 uglmL 

See February 14, 2008, EPA memorandum titled "Product Chemistry Science Chapter for 

Creosote (PI1P13 and P2 Fractions) Registration Eligibility Decision (RED) Process". 

Vapor pressure (OPPTS 830.7950) 

Relying on data in the open literature. The vapor pressure reported for this chemical is 

11.1 mm Hg at 24.4 0c. . See February 14, 2008, EPA memorandum titled "Product 

Chemistry Science Chapter for Creosote (Pl/PI3 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Ecological Effects - OPPTS Series 850 

Leaching study for release of creosote components from creosote-impregnated wood 

(Non-Guideline) 

4 
80

Lone Star has used the cite-all option to address this data requirement. 

Aquatic invertebrate acute toxicity, freshwater (OPPTS 850.1010) 

This data requirement is reserved under the Creosote RED. 

Fish acute toxicity. freshwater (OPPTS 850.1075) 

This data requirement is reserved under the Creosote RED pending the results of field 

studies. 

Fish earlv-life stage testing - freshwater (OPPTS 850.1300) 

Ibis data requirement is reserved under the Creosote RED pending the results of field 

studies. 

Invertebrate life-cycle testing freshwater (OPPTS 850.1400) 

This data requirement is reserved under the Creosote RED pending the results of field 

studies. 

Field study or simulated study for aquatic structures. sediment concentration study 

(OPPTS 850.1920) 

Lone Star has used the cite-all option to address this data requirement. 

Avian acute oral toxicity (OPPTS 850.2100) 

This data requirement is reserved under the Creosote RED pending the results offield 

studies. 

Seedling emergence dose-response in rice (OPPTS 850.4225) 

This data requirement is reserved under the Creosote RED pending the results of field 

studies. 

Vegetative vigor dose-response in rice (OPPTS 850.4250) 

This data requirement is reserved under the Creosote RED pending the results of field 

studies, 

Aquatic vascular plant dose-response toxicity (OPPTS 850.4400) 

This data requirement is reserved under the Creosote RED pending the results of field 

studies. 

5 
81

Acute algal dose response toxicity - 4 species (OPPTS 850.5400) 

This data requirement is reserved under the Creosote RED pending the results offield 

studies. 

Toxicology OPPTS Series 870 

Acute oral toxicity (OPPTS 870.1100) 

Cited data listed in Creosote RED, i.e., MRID 4303210 1. 

Acute denna! toxicity (OPPTS 870.1200) 

Cited data listed in Creosote RED, i.e., MRID 43032102. 

Acute inha!ation toxicity (OPPTS 870.1300) 

Cited data listed in Creosote RED, i.e., MRID 43032103. 

Acute eye irritation (OPPTS 870.2400) 

Cited data listed in Creosote RED, i.e., MRID 43032104. 

Acute denna! irritation (OPPTS 870.2500) 

Cited data listed in Creosote RED, i.e., MRID 43032105. 

Skin sensitization COPPTS 870.2600) 

Cited data listed in Creosote RED, i.e., MRID 4367301. 

90-day denna! toxicity - rodent (OPPTS 870.3250) 

Cited data listed in Creosote RED, i.e., MRIDs 43616101 and 43616201. 

28/90-day inhalation toxicity - rat COPPTS 870.3465) 

Cited data listed in Creosote RED, i.e., MRIDs 43601001 and 43600901.. 

Developmental toxicity (OPPTS 870.3700) 

Cited data listed in Creosote RED, i.e., MRIDs 43584201, 43584202 and 44839802. 

2-generation reproduction - rat (OPPTS 870.3800) 

Cited data listed in Creosote RED, i.e., MRID 42893201. 

6 
82

Chronic toxicity (OPPTS 870.4100 and 870.6200) 

Cited data listed in Creosote RED, i.e., MRlD 4484440 I. 

Oncogenicity (OPPTS 870.4200) 

Cited data listed in Creosote RED, i.e., MRlD 44844401. 

Dermal absorption (Non-Guideline) 

Cited data listed in Creosote RED, i.e., MRIDs 47179501 and 47179502 

Exposure study (Non-Guideline). 

Cited data listed in Creosote RED, i.e., MRlD 45323401. 

Product-Specific Data 

Product Chemistry - OPPTS Series 830 

Product identity and composition (OPPTS 830.1550) 

Cited data on Reilly Industries, Inc.'s PlIP13 creosote products that were previously 

registered, i.e., MRlD 44141201. Lone Star Specialty Products, LLC's ("Lone Star") has 

bought Reilly Industries' Lone Star, TX creosote production establishment and proposes 

producing PIIP13 creosote products that are substantially similar to those previously 

registered to Reilly Industries. In addition, new data submitted with the application for 

registration. 

Description of materials used to produce product (OPPTS 830.1600) 

Data submitted with application for registration. 

Description of production process (OPPTS 830.1620) 

Data submitted with application for registration. 

Discussion offormation of impurities (OPPTS 830.1670) 

Data submitted with application for registration. 

Preliminary analysis (OPPTS 830.1700) 

Cited data on Reilly Industries, Inc.' s P liP 13 creosote products that were previously 

registered, i.e., MRlDs 44141201 and 44141202. Lone Star Specialty Products, LLC's 

7 
83

("Lone Star") has bought Reilly Industries' Lone Star, TX creosote production 

establishment and proposes producing PlfP13 creosote products that are substantially 

similar to those previously registered to Reilly Industries. In addition, new data 

submitted with the application for registration. 

Certified limits (OPPTS 830.1750) 

Data submitted with application for registration. 

Enforcement analytical method (OPPS 830.1800) 

Cited data on Reilly Industries, Inc.'s PI/Pl3 creosote products that were previously 

registered, i.e., MRlD 44141201. Lone Star Specialty Products, LLC's ("Lone Star") has 

bought Reilly Industries' Lone Star, TX creosote production establishment and proposes 

producing PlIP13 creosote products that are substantially similar to those previously 

registered to Reilly Industries. In addition, new data submitted with the application for 

registration. 

Color (OPPTS 830.6302) 

Relying on data in the open literature. The product is dark brown to black, 2.5Y2/2 to 

2.5Y4/2 on the Munsell color scheme. See February 14,2008, EPA memorandum titled 

"Product Chemistry Science Chapter for Creosote (PlIPI3 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Physical state (OPPTS 830.6303) 

Cited data listed in the Creosote RED, i.e., MRID 46027001. 

Odor (OPPTS 830.6304) 

Relying on data in the open literature. The chemical is reported as having a strong 

aromatic, wood-like odor. See February 14, 2008, EPA memorandum titled "Product 

Chemistry Science Chapter for Creosote (PlfP13 and P2 Fractions) Registration 

Eligibility Decision (RED) Process". 

Oxidation/reduction, chemical incompatibility (OPPTS 830.6314) 

Not applicable. Product does not contain an oxidizing or reducing agent. 

Flanunability (OPPTS 830.6315) 

Relying on data in open literature. Product has a flash point of >200°F (>93.3°C). 

Explodability (OPPTS 830.6316) 

8 
84

Relying on data in open literature. Product is not explosive. 

Storage stability (OPPTS 830.6317) 

Cited data on Reilly Industries, Inc.'s P11P13 creosote products that were previously 

registered, i.e., MRID 45356201. Lone Star Specialty Products, LLC's ("Lone Star") has 

bought Reilly Industries' Lone Star, TX creosote production establishment and proposes 

producing P11P 13 creosote products that are substantially similar to those previously 

registered to Reilly Industries. In addition, new data submitted with the application for 

registration. 

Miscibility (OPPTS 830.6319) 

This requirement is not applicable, because the product is not an emulsifiable liquid that 

will be diluted with petroleum solvents. 

Miscibility (OPPTS 830.6319) 

This requirement is not applicable, because the product is not an emulsifiable liquid that 

will be diluted with petroleum solvents. 

Corrosion characteristics (OPPTS 830.6320) 

Cited data on Reilly Industries, Inc. 's P11P 13 creosote products that were previously 

registered, i.e., MRlD 45356201. Lone Star Specialty Products, LLC's ("Lone Star") has 

bought Reilly Industries' Lone Star, TX creosote production establishment and proposes 

producing P11P13 creosote products that are substantially similar to those previously 

registered to Reilly Industries. In addition, new data submitted with the application for 

registration. 

Dielectric breakdown voltage (OPPTS 830.6321) 

This requirement is not applicable. The product will not be used around electrical 

equipment. 

pH (OPPTS 830.7000) 

Relying on data in open literature. The chemical has a pH ranging between 7 to 8. 

Viscosity (OPPTS 830.7100) 

Relying on data in open literature. The viscosity is 14.60 mm/s. See February 14,2008, 

EPA memorandum titled "Product Chemistry Science Chapter for Creosote (P IIP13 and 

P2 Fractions) Registration Eligibility Decision (RED) Process". 

Density/relative density/bulk density (OPPTS 830.7300) 

9 
85

Cited data listed in the Creosote RED, i.e., MRlD 75341. 

Particle size. fiber length. and diameter distribution (apPTS 830.7520) 

Lone Star has used the cite-all option to fulfill this data requirement. 

Toxicology - OPPTS Series 870 

Acute oral toxicity (apPTS 870.1100) 

Cited data listed in Creosote RED, i.e., MRlD 43032101. 

Acute dennal toxicity (apPTS 870.1200) 

Cited data listed in Creosote RED, Le., MRlD 43032102. 

Acute inhalation toxicity (aPPTS 870.1300) 

Cited data listed in Creosote RED, i.e., MRlD 43032103. 

Acute eye irritation (apPTS 870.2400) 

Cited data listed in Creosote RED, Le., MRlD 43032104. 

Acute dennal irritation (aPPTS 870.2500) 

Cited data listed in Creosote RED, Le., MRlD 43032105. 

Skin sensitization (apPTS 870.2600) 

Cited data listed in Creosote RED, i.e., MRlD 4367301. 

10 
86

• • 

STAR 

TIES, LLC 

Jacqueline McFarlane 

Product Manager, Team 34 

Antimicrobials Division (7510P) 

Office of Pesticide Programs 

March 21,2011 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460-0001 

WWW,LONESiARSPECIALTIES 

Re: Application for Registration of Lone Star Specialty Products, Inc.'s Creosote 

Products 

Dear Ms. McFarlane: 

I hereby authorize Mr. Walter G. Talarek to act as L'One Star Specialty Products, 

Inc.'s ("Lone Star's") agent and representative for the purpose of registering its 

creosote products with the Environmental Protection Agency. These products 

contain either P1/P13 or P2 creosote as the sole active ingredient. This authority 

includes, without limitation, the authority to sign all documents necessary to 

accomplish this purpose and to access any confidential information and files that 

have been submitted in support of Lone Star's applications for registration. 

Sinc~rely yours, ~ 

/If'(!j ~ . • U",,-> . L/hv 

Chris O. Smith 

President 

County of fJ10r (I j 

State of Texas 

) 

) 

) 

"", , , 

. , 

, , , , , , , 

" " , , ' ,,,, , , 

Sworn and subscribed before me '" my presence by Mr. Chris Smith, PreSident, 

the one Star Specialty Products, Inc. on Marchd/~~2011. 

My commission expires: _-L/_' ·-'.t",d=--· _-Ic,-:J..=-__ 

physical 16412 U.S. Hwy 259 South Lone Star, TX 75666-3102 

mailing I P.O. Box 247 Lone Star, Texas 75666 

main i903.656.2536 

to!! 1800.256.2032 

fax 1903.656.2151 
87

7'i'tl 

Lone Star Specialty Products, LLC ()9/O7 

4200 E. Skelly Drive, Ste 600 

Tulsa, OK 74135-3210 

(918) 488-1339 

.. 0' 

SUMMIT BANK 

TULSA, OK 74135 

8&-1295/1039 

4275 

3/30/2011 

~ rf!bg ItJ tIw $ ~ ~f_E_n_v_iro_n_m_e_n_t_al_p_r_ot_e_cti_'o_n_A-,g~e_n-,cy,---_________________ ---'1 **1,158.00 

i.~~~~~~============ ~. One Thousand One HUndred FiftY-Eight and OO/100***, .. n .. " '" , .. uu ..... Uuu. 'U.U4U"*_4U ...... *****************@oIlaM tD ~ 

" " 

~ ~ 

;;3 

?f 

c. 

c 

o 

o. 

Environmental Protection Agency 

,'-\ i'11('II{· 

Lone Star Specialty Products, LLC 

Environmental Protection Agency 

Date Type Reference 

3/29/2011 Bill 

Cash - Operating Acc 

"Ii itl:lSll:O$ L'Ii iL!" itt n1l"Uij'" "PI! 'k" itt " ..... It' "I. d ..... laiJit:lSSti 

Original Amt. 

1,158.00 

3/30/2011 

Balance Due Discount 

1,158.00 

Check Amount 

, } " " 

,J, , 

", , 

" , 

4275 

Payment 

1,158.00 

1,158.00 

, , 

1,158.00 

Page 87-*Commercial/financial information may be entitled to confidential treatment*
88

FILE SYMBOL 

REGISTRATION NO. c 

1.20;;' tf - J--

DENTIAL STATEMENT OF FORMULA ENCLOSED 

_. 

SUBMITTED BY (.) 

APPLICANT BASIC SUPPLIER 

...... 

---

Do Not Write Comments, 

Formula, or Parts of Formula 

on This Envelope 

NOTE 

It shall be unlawful-for any person to use for his own advantage 

or to reveal. other than to the Secretary. or offlclals or employees of 

the United states Department of Agriculture or other Federal agencies, 

or to the courts In response to a subpoena, or to physicians, and In 

emergencies to pharmaCists and other qualified persons, for use In 

the preparation of antidotes, In accordance with such directions as the SecretarY may prescribe, any Information relative to formulas of 

products acquired by authority of Section 4 of the "Federal Insecticide I 

FUngicide, and Rodenticide Act." 

USDA.ARS 
Pages 89-90-*Confidential Statement of Formula may be entitled to con