# EPA Jacket 82024

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# NEW APPLICATIONS

DATE: _A_PR_-7_2_011

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

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# FEP (OPPIN ENTRY) LtJ Lf( 8 

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# & date)

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# FILE ROOM:

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SIG: (Initial & date)



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# date)

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# PM .Y! 

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# _ JACKET 

# TO SHELF (DATA)

## ISB'S Front-end PRlA Completeness Screen Draft 

### 3; 10125107

EPA Receipt Date: 

## APR - 7 

## 2011 EPA Reg. Number: 

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

# ftAl) X Pay. gOY 

### receipt included in the Submission Package?

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- 

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### 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- 

# / 

# x: 27) Included 

### in the Submission Package?

5 1,<; cl 

### Certification**wit~** 

### Respect to Citation of Data (EPA 

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

6 

### Is a Data Matrix (EPA Form 

### 8570-35) Included in the 

# I. Submission Package?



### 7 Is a Label Included in the Submission Package? 

# t<

K 

### Are Data Included in the Submission Package? 

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<) 

### Is the Submission an Amendment? 

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# Material Sent for Data Extraction Reg. # 

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Description:

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# o Material(s) Sent to Data Extraction Contractors:

# ~. New Stamped Label Dated 

# JJg;-l/jz::yi('7//



# o Notification Dated

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New CSF(s) Dated 

# o Other:

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# Decision #: 

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Other ActionjComments:

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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-d 

# CM 

# 'f/d:(

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

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# Date: 

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# /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 COpySYMBOL

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

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## ................................. - 

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# Mana~;~am-34 egulatory Management Branch II Antimicrobials Division (751 OP)

COKCURR!KCI!S



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EPA Form 1320-tA (1190) OFFICIAL FILE COPYRESTRICTED 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 10f6If 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.

Page20f6USER 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-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,

Page40f6contact 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

# 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

Page6of6Form ADoroved OM6 Nos. 2070-0lJuv; 207C--{)OE7;**~79-C!107',** 2070-0122; 2070·0164



# - - 

# - 

# ""' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

- ft '\ 

# \."., 1200 Pennsylvania Avenue, N.W.



### ,J 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.FormApprovedOMSNo,2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY" " v401MStreet,S.W.WASHINGTON,D.C.20460Redncti(lnActNotice:ThcpubliCreportingburdenforthiscollcctionofinformationisestimatedtoavcrage0.25hourspcrresponseforrcgistrationactivitieslind0.25hourspcrresponsefOl'Nregi,;trationandspecialrcviewactivities,Includingtimcforreadingthcinstructionslindcompletingthenecessaryforms.Sendcommcntsrcgardlngthebnrdencstlmateoranyotheraspectofthiscohcdlonofsuggcstionsforreducingtheburdcnto:DireCtOl·,OPPEInformationManagementDivision(2137),U.S.EnvironmentalProtectionAgcucy,401MStreet,S.W.,\VlIso;ngton,DC2u460.uonotscndtheformtothisaddress.ccDATAMATRIX(Generic)Date:Novembcr18,201:"-,,-,,-,,-.-,,EPARcg.NoJFileSvmbol:82024-EPage1of5cApplicant'slRegistrant's&Address:LoncStarSpccialtyProducts,LLCPl'Oduct:CreosoteOilP.O.Box247ccLoneStarTX75668Ingredient:CreosotcGuidellncReferenceNumberGuidelineStudyNameMRIDNumberSubmittCI·StatusNote830c1550Productidentityandcomposition44141201V'1456OLD830J600Startingmaterialsandmanufacturing4159780154774OLD830J620process830J650438049013008OLD830c1700Preliminaryanalysis44141201_1456OLD830c1750Certifiedlimits4159780154774OLD438049013008OLD830J800Enforcementanalyticalmethod44141201V"1456OLD44141202--1456OLD441412031456OLD4850660182024OWN4862240182024OWN830c6300ReportsofmUltiplephys/chemcharacleristics44141202v1456OLD441412031456OLD4848090282024OWNOpCI\Literature830c6302Color,/4848090282024OWNOpenLileratureNameandTitleWaltcrG.TalnrekDlItellII8/tlAuthorizcdAgent."n.___..,,,.,,,...'",,.,,,.,.••..__,.__._.._.__.,_...._.._.".'-,_<"__'-.,.n-_..._.,.-._...-,..._.._.,,,--.FormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460.-..-ReductiouActNotice:ThepublicreportingburdenforthiseollectiouofinformationisestimatedtoIIvemge0.25houi'sperresponseforreglstratioulletlvitiesaud0.25hoursperrespouseforandspecialreviewactivities,includingtimeforreadingtheinstructionsandcompletingtheneccssaryforms.SendcommentsregllrdingtheburdenestimateoranyotheraspectofthiscollectiOnofinfOl:n::t.I!.!I.:I;:includingsuggestionsforreducingtheburdento:Director,OPPEluformationMamlgementDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S.W.,\Yasn;u!!ton,DC211460.lJonotScudtheformtothisaddress.CccDATAMATRIX_(Genericlc ,Date:NovemberEPARell:.No/FileSvmbol:82024-EPII'l.e2of5Applieant's!Registrant'slIo/ame&Address:LoneStIlrSpecialtyProducts,LLCProduct:CreosotcOil,1'.0.Box247LoneStar,TX75668Iuredieut:CreosoteGuidellneReferenceNumberGuideliueStndvNameMRlDNumberSubnlitterStatusNotc830,6303Physicalstate4602700175341PAY830-6304Odor4848090282024OWNOpcnLiterature830,6313Stability4848090282024OWNOpenLiterature830,6315Flammability4848090282024OWNOpenLiterature830,6316Explodability4848090282024OWNOpenLitcrahlre830,6317StorageStability45355601v63700PAY4535620161483PAY830,6320Con'osioncharacteristics4535560163700PAY4535620161483PAY830,7000pH4848090282024OWNOpenLiterature830,7220Boilingpoint4848090282024OWNOpenLiterature830,7300Density/relativedensity/bulkdensity4602700175341PAY830,7550Partitioncoefficient4848090282024OWNOpcnLiterature830,7560830,7570/SignatureNamelindTitleWlliterG.TalarekDate:II/18/IIAuthorizedAgent""..II'1"{n..,.."..1t'finu,UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460rthiscollcctionofinformationiscstimatedtoaverage0_25hoorsper-·•._.__.___•..____,.__r'forgtimcforI-.instructionsandcomplctingthencccssary(Ol·ms_Sendcom--Ieburdenestimatcoranyotheraspectofthis-._----._----_..to:Director,OPPEInformationManagcmentDivislollu.".DC20460.DoIIeforrIltothisaddrcss_DATAI18_2011)lame&AddrcssLoncSlarSpecialtyProducts,LLCP.O.Box247830.7840830.7860:cNombcrNon-Guideline850.1010850.10751850.1300I850.1950r,TX756681Sol:-o.;,yI-Fieldstudy",_.componentsvtrout)dstudyforaquatic•••t1studyacuteoralI(q<K)emergenceinriceVegetativevigordose-responseinrice1001850.4225850.4250850.4400Signaturc'''YIMRIDNllmbc]'48480902'{version.I82024-ECrcnsoteOil82024NamcandTitleWaIte]'G,TalarekAuthorizcdAgentAgencyInternat..."'OmMStrect,S.\V.,IStIltusOWNIOWNPAYIPAYIl'age3of5INotejpendingfieldstudiesReservedpendingfieldstudiesfieldiReservedpendingfieldstudiesfield:ReservedpcndingfieldsludiesReservedpendingfieldstudiesDntc:11/18/11I·'ormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S,W.WASHINGTON,D.C.20460cPaperworkNotice:Tlicpubtiereportingburdcnfortillseollectlnnofinformationisestimatedtoaverage0.25hoursperresponseforregistrationactivitiesand0.25hoursperresponseforand'Specialrevlcwactivities,includingtimeforreadingtheInstructionsandcompletingthenecessaryforms.SendcommentsregardingtllcburdenestimateoranyotheraspectofthisofinforlnMion,includingsuggestionsforreducingtileburdento:Directnr,OPPEInformationMallagementDivision(2137),U.S.EllvironmelltalProtectionAgency,401MStreet,S.W.,DC20460.Donotsendtheformtothisaddress."'.,-"---"0: c c : cocDATAMATRIX(Generic)020llApplieunt'slRegkt:-r..n,:'J:'>lame&Address:LoneStarSpecialtyProducts.LLCP.O_Box247LoneStar,TX75668._.-----cIngredient:CreosoteGuidelineReferenceNumberGuidetineStudr.,NameMRlDNumber850c5400Acutealgaldose-responsetoxicity4species870J100Acuteoraltoxicity43032101....-870J200Acutedermaltoxicity43032102'"870J300Acuteinhalationtoxicity43032103v8702400Primaryeyeinitationrabbit43032104v870.2500Primarydermalirritation-rabbit43032105'"8702600Dermalsensitization43675301v'870325090-daydennaltoxicity-rodent4361610143616201v870346528/90-dayinhalationtoxicity-rat43601001v43600901870.4100Chronictoxicity44844401v870c62008703700Developmentaltoxicity-rat43584201,/43584202-44839802V"SignatureEPAForm8570-35l9-97)EteetronleandPaperversionsllvailable.SubmitonlyPaperversion.,EPAReg.No./FileSymbot:82024-£Page4of5Prodoet:CreosoteOilSubmitterStatnsNoteReservedpendingfieldstndics63700OLD63700OLD63700OLD63700OLD63700OLD63700OLD63700OLD63700OLD63700OLD63700OLD63700PAY63700OLD63700OLD63700PAYNameandTitleWalterG.TaturekDate:tI/I8/IIAuthorizedAgentAgencyInternalUscCopyFormApprovedOMSNo.2070·0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460PupenvorkNntlee:Thepublicreportingburdenforthiscollectionofinformationisestimatedtoavelllge0.25hOllrsperresponseforregistrationactivitiesand0.25hoursperI'esponsefOI'reregistrationandspeeinlTeviewactivities,includIngtimeforI'endiugtheinstructionsandcompletingthenecessaryforms.Sendcommentsregardingtheburdeuestimateoranyotheraspectofthisincludingsuggestionsforreduciugtheburdento:Director,OPPEInformationMnuagementDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S.W.,DC20460.PoIIDtsendtheformtothisaddress."..,---c cccDATAMATRIX(Generic)c, ,",-c "c"ctS',20IlEPAReg.NoJFileSymbol:82024-EPageSof5Name&Address:LoneStarSpecialtyProducts,LLCProdnet:CreosoteOil1'.0.Box247LoneStar,TX7566S.-_.,,--IUl!redient:CreosoteGuidelineReferenceNumberGuidelineStudyNameMRlDNumbel'SubmitterStatusNote870.38002-generationreproduction-rat42893201218OLD44839801V'63700PAY870.4200Oncogenicity44844401...-63700PAY870.5450Ratdominantlethaltesting43941701./63700OLD870.7600Dennalabsorption47179501V'63700PAY47179502_63700PAYGuidelineSeries875CreosoteCouncilStudyExposure45323401v63700PAYCreosoteprotectiveclothingpermeabilitystudy46603501,/63700PAY----SignatureNlImeandTitleWalterG.TlIhlrekDate:IIIISIIIAuthorizedAgent-----EPAForm-S570-35(9.,&)ElectronicandPaperversionsaVlIillIble.SubmitonlyPlIperversiou.AgencyluternalUseCopyFormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.,",-"WASHINGTON,D.C.20460,""Papel'workRedue,ion-;r;;tNotice:Thepublicreportingbnrdenforthiscollectionofinformationisestimatedtoaverage0.25perresponseforregistratinnactivitiesand0.25hourspcrI'esponseforands;Jcclalreviewactivities,inclndingtimefOl'readingtileinstrnctionsandcomplctingthenccessaryforms,Sendeommcntsregardingthebnrdencstimateoranyntheraspcctofthisc(>;.kd:JI'ofinformation)nclndingsuggestionsforreducingthebordento:DircetOl',OPPEInformationManagcmentDivision(2137),U.S.EnvironmentalProtectiOIlAgency,401MStreet,S.W.,notsendtheformtothisaddress.DATAMA1RIX(ProductwSpccific)"Date:'November18,2011EPAReI!,.NoJFileSymbol:82024-EPne.e1of3Name&Address:LoncStarSpecialtyI'roducts,LLCProduct:CreosoteOilP,O.Box247:LoneStnr,TX75668Ingredient:CreosoteGnidellneReferenceNnmberGuidelineStndyNameMRlDNnmbcrSnbmitterStatusNoteGuidelineSeries810Efficacy4850120182024OWN830.1550Productidentityandcomposition4844530182024OWN830.1600Descriptionofmaterialsusedtoproduceproduct4844530182024OWN830.1620Descriptionofproductionprocess4844530182024OWN830.1670Discussionofformationofimpurities4844530182024OWN830.1700Preliminaryanalysis441412011456OLD441412021456OLD4844530282024OWN4844530482024OWN830.1750Certifiedlimits4844530382024OWN830.1800Enforcementanalyticalmethod44141201v'1456OLD4850660182024OWN4862240182024OWN830.6300Reportsofmultiplephys/chemcharacteristics44141202v1456OLD441412031456OLD4848090282024OWN830.6302Coh5r4848090282024OWNOpenLiteratureSignatnreNameandTitleWalterG.TlI.larekDatelItI8tllAuthorizedAgentI':PAForm"<;703<;19_97)RleNron;enor!Panerversionsavailahle.Suhmitonlvl'anpl'version.A"pnevInternallIs..ConvFormApprovedOMUNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W."..,, ,WASHINGTON,D.C.20460,PllperworkReduc,io-;JNotice:Thepnbliereportingburdenforthiseoneetionofinformationisestimatedtoaverage0.25honrsperresponseforregistrationactivitiesand0.25hourspcrresponseforrc,tg:s:r-,tt!onandreviewactivities,includingtimeforreadingtheinstructionsandcompletingthenecessaryforms.Sendcommentsregardingthcbnrdenestimatcoranyotherllspectofthisca.!bC:tbnofinformatiOlt,includingsuggestionsfOl·reducingtheburdento:Director,OPPEInformationManagemcntDivision(2137),US.EnvironmentalProtectionAgency,401MStreet,S.W.,DCvonotsendtheformtothisaddress.,DATAMATRIX(Product-Specific)T'.-'Dae:N"ovember18,2011EPARc.NoJFile§.:(mbol:82024-EPllge2of3Name&Address:LuncStarSpecialtyProducts,LLCProduct:CreosoteOilP.O.Uox247:.LoneStar,TX75668Inl!redient:CreosoteGuidelineReferenceNumberGuldclineStudYNameMRIDNumberSubmitterStatusNote830,6303Physicalstate4602700175341PAY83M304Odor4848090282024OWNOpenLiterature830,6313Stability4848090282024OWNOpenLiterature830,6314Oxidation/reduction:chemicalreactionNlA830,6315Flammability4848090282024OWNOpenLiterature830.6316Explodability4848090282024OWNOpenLiterature830.6317StorageStability45356201·61483PAY441412031456OLD830.6319MiscibilityN/A830.6320Corrosioncharacteristics4535620161483PAY830.6321DielectricbreakdmvnvoltageN/A830.7000\pH4848090282024OWNOpenLiterature830.7050UV/visibleabsorptionN/A830.7100Viscosity4848090282024OWNOpenLiterature830.7300Density/relativedensi.!}ibulkdensity4602700175341PAY830.7520Particlesize,fiberlength,anddiameterPAYdistr!hutioo'SignptureNanlellndTitleWaiterG.TalarekDllte:11/18111Autliori'lOOAgentEPAForm8570·35ElectronicllndPaperversionsavailable.SubmitonlyPllperversion.AgencyInterrIllIUscCopyFormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460..,-,"pQpcrworkRcductionA(:tNotice:Thepubliercportingbm'dCIIforthiscollectionofinformiltionisestlmatcdtoaverQgc0.25hourspcrresponseforregistrationactivitiesand0.25hourspcrresponseforreregish'ationrcvicwactivities,includingtimcforrcadingtheinstructions andcompletingthcncccssaryforms.ScudcommcntsregardingtheburdenestimQtcoranyotheraspectofthiscollcctionofinformation,includingsuggestionsforreducingtheburdento:Director,OPPEInformationMallllgementDivislou(2I37),U.S.EnvironmentalProtectionAgcncy,401!\1Street,S.W.,DC20460.notsendtheformtothisaddress.'DATAMATRIX(Product-Specific)N"vcrubcr;-8,2(,HEPAReI!.No.IJ:<'ileSvmbol:82024-EPal!e3of3&Addrcss:LoneStarSpecialtyPruduets,LtCProduct:CrcosoteOilP.O.Box247LoneStar,TX75668Ingredient:CreosoteGuidelineRcferenceNumbcrGuidelincStudvNameMRlDNumberSubmitterStatnsNotc870JI00Acuteoraltoxicity/'4303210163700OLD870J200Acutedermaltoxicityv4303210263700OLD870,1300AcuteinhalationtoxicityV4303210363700OLD8702400Primaryeyeirritationrabbitv4303210463700OLD8702500Primarydermalirritation-rabbitv4303210563700OLD8702600Dennalsensitizationv'"4367530163700OLD.--"SignatureNameamITitleWalterG.TalarehDate:II/I8/HAuthorizcdAgentEPAForm8570-35(9-W)ElectronicandPaperversionsavailable.SubmitonlyPaperversion.AgencyIntcrnalUseCopyUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460perl'csponseinstructionscommentsregardingtheburdenestimateoranyto:Director,OPPE(2137),U.s.EnvironmentalProtectionAgency,401MStrcet,S.W.,A....\llicant'slRcgistrant'itName&Address:LoneStarSpecialtyProdncts,LLCP.O,Box247SignatureProdnct:CreosoteOilNamcandTitleWalterG.TalarckAnthorizedAgcntDatc11118/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460theinstructionsandcompletingthenecessaryforlllS.Sendcommcntsestimateoranyotheraspcet".to:Vil'cctor,OPPEIuformationManagementDivision(2137),U.S.ProtectionAgcncy,401MStl'cet,S.W.,&Addrcss:LoncStarSpccialtyProducts,U"CP.O.Box247SignatureProduct:CreosoteOilNamcandTitlcWaltcrG.TahlrebAuthorizedAgentDate:11/18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460perrcsponseinstrucnonsaudcomplctingthenecessaryforms.Scudcommentsregardingtheburdenestimateoranyto:Director.OPPEInformationManagemcntDivision(2137).U.s.EnvironmentalProtectionAgcncy,401MStreet,S.W.,AppliCllnt's/Registrant'tName&Address:toncStarSpecialtyProducts,LLCP.O.Box247Signature"dProduct:CreosoteOilN:uneandTitlcWaltel'G.TalarekAutholizcdAgentDale:IlIIS/ItUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460pc\'response_readingtheinstructionsandcompletingtheforms.SendcommentsregardingtheburdenestimateoranyothertheburdclIto:Dircctor,OPPEInformationManagementDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S.W.,plicant's/Registr!l.nt'sNAme&Address:LoneStarSpecialtyProdncts,LLC"P.O.Bo:.:247Product:CreosoteOilSignatnreNamcandTitleWaltcrG.TalarekAuthorizedAgentDateIIJ1S/1lUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460theinstructionsnndcompleting01'nnyotherburdcnto:Dircctor,Ol'PEillformntionManngemcntDivisionProtectionAgency,401MStrcet,S.W.,&Address:LoncStarSpecialtyProducts,LLCP.O.Box247SignatnreProdoct:CreosoteOilNamenndTitleWalterG.TlllarckAutlwrizcdAgclltPAYDate:1111811tUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460pcrresponsetorregistrationactivitiesandlI.25liourspcr.Scndcommentsregardingthcburdeuestimateoranyothcraspectofthisto:Director,OPPEDivision(2137),U.s.EnvironmentalProtectIonAgcncy,401MStreet,S.W.,!Same&AddressLuncStarSpecialtyproducts,LLCP.O.BOl(247Product:CreusoteOilSignatureNameandTitleWalterG.TalarekAuthorIzedAgcntPAYPAY1tl18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460P"oranyotheraspect(2137),U.S.EnvironmentalProtectiollAgency,401MStrcct,S.W.,Applicll.ut'slRegi!C1cd:Jt'::!Same&Address:LoneStarSpecialtyProduets,LtCBox247SignDtureProduct:CrcosoteOilNameDndTitleWalterG.TalarekAuthorIzedAgentDate:11/18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S,W.WASHINGTON,D.C.20460instructionsandcompletingthcnecessaryestimateoranyothcra$pectto:Director,OPPEInformationManagcmentDivisiou(2137),U.s,ProtectionAgency,401MStreet,S,W.,l'l"ame&Addrcss:LoneStarSpccialtyProducts,LLCP,O.Box247,--,-v-.-,'-SignatureProduct:Crco$oteOilNameandTitleWalterG.TlllllrekAuthorizcdAgentDate:II/I8tllUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.c'20460forreadingtheinstructionsandcompletingtbenecessaryforms.SendcommentsrcgordingtheburdenestimateorallYotheraspccttheburdento:Dircctol',OPPEInformationManagementDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S.W.,)ticant'sJRegistraut'sName&Address:LoneStarSpecialtyProducts,LLCP.O.Box247SignatureProduct:CrcosoteSolutionNamcandTitlcWalterG.TalarekAuthorizedAgClltDate11/18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,s.w.WASH1NGTON,D.C.20460rcadingthcinstructionsalldcomplctingthenecessaryforms.Sendcommentstheburdento:Director,OPPEInformationManagcmentDivision(2137),U.S.ATJplicant'sIRegistrant'5Name&Address:LoneStill'SpecialtyProducts,LLCP.O.Box247Product:Cl'eosotcSolutionSignatureNameandTitleWalterG.TalarekAuthorizedAgentDate:tlft8/1!UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460"di»1J'dMto:Director,OPPEEnvironmentalProteelionAgeney,401MStreet,S.W.,Applieant'slRegistrant'sName&Address:LoneStarSpecialtyProducts,LLCP.O.Box247Signatureversiou.Product:CreosuteSolutiouNameandTilleWalterG.TalarekAuthorizedAgeutDate:tlf18fULAW 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

### 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 20f2LAW 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 ("l one 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

'.: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 of2LAW 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

### 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 20f2LAW 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

### 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

PageZof2LAW 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 10f24. 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 of2lAW 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

### 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



### Page20f2LAW 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

### 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 20f2LAW 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

### 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

Page2of2LAW 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

### 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 of2LAW 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

### 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

Page2of2LAW 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 18 th 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

### 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

### 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

## 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

### 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 

# X with petitions (link to 

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

9 

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

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

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

### Comments:

• 1"10 

## if\{Jtsf\lnUltW ,Technical Clne( 

### irnpUrlllU> CirlLL 

# O

. (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 

## Q C 

# 0r iS 1'fClm Stnt 

## <JfLlcL'IJ' IAlM.LL1)OOJ 

# G\liJY\'O 

# 'WJa v.:;P'f} 

# up fhl QPplrcdnDY'< 

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# 'Wi Q 

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# 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

### 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

### 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

### 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

### 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

### 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 20f2UNITED 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
M 

### 5 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

# 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


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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

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## u"'I"r1C~odrte<:>':---1 

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# A SoD I 

## [I



## Granted: 

# I A ssO 

# 1

1



## Amount Due: 

# $ 

# '-ib Dl ['----

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_____________ _


### D 

## Inert Cleared for Intended Use D 

## Uncleared Inert 

## in Product


# Reviewer: YON' \ Date: y 

# I qj II
Remarks:



## APR - 8 2011Print Letler

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# FEE 

# FOR SERVICE

# "'

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### 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 

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# t~r-'" r- 

### v

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# ~MO'. X 

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# Ix No**acta~J** 

## CwllC>Wi 

# nO' pt.-dc Glase

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### • "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

# ---- .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

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## • 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



# __ Bi graPh 

# D°·'"**Pap~ufJd** 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

# 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.

# 2a7&~~ Chris 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 1800.256.203CONTAINS 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

### 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 , 

### "


### , , 

### "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 , 

### , , 

# .
, >"),, ",'

, ,



### "

,

, 

## , ) ., 

### ,

, ' ",.-; ,

### 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 "


### , • 

## .,

## 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

'"


### ,

### 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 , ,

, 

### ,

, "

,


### , , 

### "



### • • , " >,

### 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

### 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

### 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

### 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

### 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

### 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

### ("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

### 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

### 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

# • •

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,

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. L/hv Chris O. Smith President

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### Sworn and subscribed before me '" my presence by Mr. Chris Smith, PreSident, the one Star Specialty Products, Inc. on

### Marchd/~~2011.

My commission expires: 

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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 1903.656.21517'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 

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3/30/2011

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Lone Star Specialty Products, LLC
Environmental Protection Agency Date Type Reference 3/29/2011 Bill

Cash

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1,158.00'RFORM9-11MARCH2008)FILESYMBOLREGISTRATIONNO.c1.20;;'tf-J--CONFIDENTIALSTATEMENTOFFORMULAENCLOSEDDATESUBMITTEDAPR-72011------_.SUBMITTEDBY(.)APPLICANTBASICSUPPLIER......---DoNotWriteComments,Formula,orPartsofFormulaonThisEnvelopeNOTEItshallbeunlawful-foranypersontouseforhisownadvantageortoreveal.otherthantotheSecretary.orofflclalsoremployeesoftheUnitedstatesDepartmentofAgricultureorotherFederalagencies,ortothecourtsInresponsetoasubpoena,ortophysicians,andInemergenciestopharmaCistsandotherqualifiedpersons,foruseInthepreparationofantidotes,InaccordancewithsuchdirectionsastheSecretarYmayprescribe,anyInformationrelativetoformulasofproductsacquiredbyauthorityofSection4ofthe"FederalInsecticideIFUngicide,andRodenticideAct."USDA.ARS