# EPA Jacket 82024

‐ 1

# NEW APPLICATIONS

DATE: APR - 7 2011



# FILE NUMBER: 5:;"o'Yf 

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# FEP (OPPIN ENTRY) LU 

# 4/e)2 o 

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# & date)

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# FILE ROOM:

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# date)



# SIG: (Initial & 

# date)



# FILE ROOM:

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# / ASSIGN TO PM 34 

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# __ JACKET 

# TO SHELF (DATA)

### --- 

## ISB'S Front-end PRlA Completeness Screen Draft 3; 10/25107



### EPA Receipt Date: 

## APR -7 2011 EPA Reg. Number: 

# Ii!!. o:U/- R 

# ','.**·'Ch~ck:,~1,~t;X~~.)·;;~:~~-;ft:B1,rt~;;;;~!f,~i13Jt:,?::':',:',** 

# ::***~~::** 

# ..•... :N,ii'

I Has the PRIA Fee been Paid; is a copy 

### of the check 

### orr;:.-'::':-' 

# j !"y.gov receipt included in the Submission

## package?cr~ 

# r-- Is an Application Form (EPA FOIm 8570-1) Included in the 

# 'i-. 2 Submission Package, is 

### it completely filled 

### out and signed including package type?

,-- 

### Is a Confidential Statement of Formula (EPA Form 8570- 

# X

3 29) Included in the Submission Package, is it completely filled out and signed (boxes 1-21)?

4 

### Is a Formulator's Exemption Statement (EPA Form 8570- 

# X 27) 

### Included in the Submission Package?



### -._-- --

c 

### Is <:l 

### Certification**wit~** 

### Respect to Citation of Data (EPA 

# >(

., Form 8570-34) Included in the Submission Package?

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### 6 

### Is a Bata Matrix (EPA FOIm 8570-35) Included in the 

## )( Submission Package?



## -. 7 Is a Label Included in 

### the Submission Package? 

### ;(
H 

### Arc Data lncluded in the Submission Package?**~** 

## _. 9 Is the Submission an Amendment? 

# lil/A

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# Material Sent for Data Extraction
Reg. # 

# f?Z() 

# 21·-/ Description:

_____________ _ 

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

# )t! New Stamped Label Dated 

# 1;j3;ZO/

D Notification Dated 

# 7' New CSF(s) Dated 

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# D Other: 

# rp{ Decision #: 

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# D Other 

# Action/Comments:

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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 (ISe) (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:

# C)rUfre1~)**~~** 

# tfldl

Phone: Division:**_-LBI-'=D~** 

# __ _ Date: 

# /1/;;3/ 201 / I**!IN.!~, ~** 

# JT~L**PROT~~~;~U'** C, *,1"'"'4, R,S· Date of

," 

# '"

", U.S. 

### ,,",vi 

## f**~** AGENCY Number, Issuance,

## \~, Office of Pesticide Programs 

### 82024-1 

## 'tl'J 

## V '**~** , ,,}' Antimicrobials Division (7510P) 

### '. 

## 2011

"'4( PROl\c- .' 1200 Pennsylvania Avenue NW 

### Wash'lngton, 

### D,C, 20460 Term of Issuance:
I



### NOTICE OF PESTICIDE. Name of Pesticide product,

X



### --- Registration Creosote-Solution



### --- Reregistration

(under FIFRA, as amended]

Name and Address of Registrant (include ZIP Code]:

Lone Slar Specialty Products, LtC.
1008 Riva Ridge Drive

Greal Falls, VA 22066-1620

Note: Changes in Ij)bellng differing In substance from that accepted in connection with this registration must be submitted to and aece'pted,by the Registl<!tion Division prior to use of the Jab,eJ in commerce. In any cwrespondence on this product always refer ,to the
above EPA registration number,

On the basis of information furnished by the registrant, the above named pesticide is hereby registered under the Federal Insecticide, Fungicide and Rodenticide Act.

Registration Is in no way 10 be construed as an endorsement or recommendation of this product by the Agency. In order to protect
health and the environment, the Administrator, on his motion, may at any time suspend or cancel the registration of a pesticide 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. 447506) is unconditionally registered in accordance with FIFRA

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

L Submit and/or cite all data required for registration of your product under FIFRA sec. 3(c)(5) when the Agency requires all registrants of similar products to submit such data; and submit acceptable responses required for re-registration of your product under FIFRA 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. 82024-1 ".

, 

# (",/1 

# ?if4in s Offidal, Date:



### November 23, 2011 Man ger eam-34

## ~**~** Branch II

# ~ _AFt;

sY

•• '''', n" ","-'

DATE

EPA Fonn 1320-1A (11901 

## - , COpySYMBOl..

SURNAME

OATE 

### \

, UNJ"i 

### _J STATES ENVIRONMEtUAL**PROTECT~_** ,AGENCY Page 2 EPA Reg. No.: 82024-1

b. Revise the "Precautionary Statements" on page 2 to add the following statements, "Avoid breathing vapors of heated materiaF' 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 of recommended 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 J910.1002. ProJonged 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 term, should, and stating "must."

A stamped copy of the label is enclosed for your records. Submit one (1) copy of your fmal 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 prod uct constitutes acceptance of these conditions.

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

Enclosure: Stamped Label

# 'I~" oduct Manager Team-34 egulatory Management Branch II Antimicrobials Division (75 lOP)

COHCURR!HaS 

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...................... 

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

# .... ............. 

# ................ ................. ................. 

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

EPA Form 1320-1A (1190) OFFICIAL FILE COPYRESTRICTED USE PESTICIDE Due to chronic toxicity in animal 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 Applicator's certification.



## CREOSOTE-SOLUTION

FOR PRESSURE TREATMENT OF WOOD

Active Ingredient:
Coal Tar Creosote (AWPA P2j

............................................ . 97.5%
CAS No. 8001-59-9 Inert Ingredients

......................................................................... . 2.5%
100.0% Total



## CAUTION

See [sideJ(backJ panel for additional precautionary statements, First Aid and directions for us

EPA Reg. No. 82024-
EPA Est. No. 82024-TX-l

NET CONTENTS:

Manufactured by: lone Star Specialty products, Inc.
P.O. Box 247**'_'n~** 

### , L:J! '

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 a 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.

Pagelof6• Call a pOison control center or doctor for treatment advice.

If inhaled • Move person to fresh air

• If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible.

• Call a poison control center or doctor for further treatment advice. Have the product container or label with you when calling a poison control center or doctor, or gOing for
treatment. For emergency information on this product, call1-800-858-737B, 6:30 am to 4:30 pm Pacific Time, seven days a week. During other times, call the poison control center at 1-BOO-222-1222. NOTE TO PHYSICIAN Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration pneumonia.

PRECAUTIONARY STATEMENTS HARDOUS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Causes moderate eye irritation. 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, chew'mg gum, or using tobacco.

PERSONAL pROTECTIVE EQUIPMENT (PPE) All personnel handling treated wood or handling treating equipment (including poles/hooks used to retrieve charge cables) 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 long pants,

.. Chemical resistant gloves,

.. 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, all personnel located within 15 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 soles, 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 equipmentthat is contaminated with the wood treatment preservative (e.g. cyi'mders 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 material 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 restrictions) are permitted.

USER SAFETY REQUIREMENTS -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 (NPOES) permit and the permitting authority has been notified in wiring prior to discharge. Do not discharge effluent containing this product to sewer systems
without previously notifying the local sewage treatment plant authorHy. For guidance, contact your State Water Board or Regional Office of the EPA.

DIRECTIONS FOR USE
It is a violation of federal law to use this product in a manner inconsistent with its labeling.

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods for util'rty poles/cross arms, railroad 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 for the Pressure Treatment of Wood -Cylinder openings 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 charge 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 period based on wood species, retention levels, and commodity treated to

remove excess preservative from the wood.

Page30f6-At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or any air moving device utilized in conducting the air purge must terminate into a containment vessel such

as a treating solution work tank or water/effluent tank -The ventilation process may be accomplished by one of the following methods: 1) activating an air purge system that operates while the cylinder door remains closed; or 2) using a device to open and hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the

vacuum pump. -If the second method is utilized, at the conclusion of the treatment, no personnel may be located within 15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. -In the event of equipment malfunction, 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 completely 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 a pplied 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-half 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 (560 KPa) (adjusted for elevation) vacuum for a minimum of one and

one half 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 locking/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 applicable Federal, State and local regulations. Contaminated materials 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 UOS1 hazardous waste and must meet the treatment standards specified in 40 CFR 268 Subpart D. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative

Page 4 of 6

# I at the nearest EPA Regional Office for guidance.

BATCH CODE

Supplemental Labeling for Creosote-Solution
EPA Reg. No. 82024-

Creosote (P2) 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 edition 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 Commodity Examples UC4A Posts, round, y.; and X round for highway construction (including guide, sign and sight) and farm fencing. UC4B Posts, round, y.; and Y.: round for highway construction (including guardrail posts, spacer blocks) and for road salt/brine storage Posts, round, Yz and Y.: 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 mechanrcally-Iamrnated

AWPA Commodity Specification: Piling AWPA Use Category 

## I Commodity Examples UC4C 1 Foundation and land & Fresh Water Piles

AWPA Commodity Specification Marine: (Salt Water/Brackish Water) Applications AWPA Use Category Commodity Examples UC SA, 5B, and SC Bulkhead sheathing

Page S of6AWPA Use Category UC 1, 2, and 38

UC4A

UC48

UC4C

AWPA Use Category UC 1,2, and 38

UC4A

UC 48

UC4C Lumber/timbers use, including timbers, cross bracing, and highway construction Piles for marine applications Plywood for bridge and marine construction

AWPA Commodity Specification: Sawn Products Commodity Examples Guardrails for highway construction, including for golf course bridges meeting highway construction standards Lumber/timber for highway construction, including for golf course bridges meeting highway construction standards Cross arms Fence rail (farm/agricultural only, round, X round, Yz round) Highway bridge decking (above ground, structural, subject to critical/severe decay) Road salt/brine storage Highway construction materials, including cribbing, lighting Piles (structural support construction) Posts (sawn 4 sides) for highway construction, farm/agricultural use, spacer blocks, important building structural use Poles for structural building use lumber/timbers (5 inches or greater) for structural use; highway construction and cribbing; retaining walls for highway uses; residential/business building support lumber/ Timbers (2 x 8 inches and/or 3 x 6 inch or greater) for marine

use (out of water, ground contact, including salt water splash zone) Piles for structural support

AWPA Commodity Specification: Wood Composites Commodity Examples Composite lumber for structural uses Glue- or nail laminated structural members Plywood for agriculture, and farm use PSl & lVl composite lumber for highway construction Members (laminates) Plywood for bridge and farm/agricultural use 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) 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

Page 6 of 6OrmAPP!OV 

# ".

- <0- " 

## , '",,,,, 

### -


# . F A ed OMB N 2070 0060 20' 00r7 20-o.-C**tO~ 2~70·0t22**  2070 0164



# .... 

# " UNITED STATES ENVIRONMENTAL PROTECTION AGENCY I**-.~** 

# \l!I!'Z' 1200 Pennsylvania Avenue, N.W.



# -'" WASHINGTON, D.C. 20460 

# .

--- Paperwork Reduction Act Notice: The pubJjc reporting burden for thiS collection ofinfurrnation is estimated to average t.'::5't.oulJ,x,r resp<..l

. .e for ro:.g:Stratio;, 

# . . • and 0.25 hours per response for reregistration and spccial review activities, including time for reading the il1Structions and completing the necessary forms, SeD:! comments regarding burden estimate or any other aspect of this collection ofinfonnation, including suggestions for reducing the burdcn to: Director, Collection Strategies Division (2822n, U.S, Environmental Protection Agency. t200 Pennsylvania Avenue, NW., WashingtOn, DC 20460. Do not send the completed funn
to this address,

Certification with Respect to Citation of Data
ApplicanfsJReQistranfs Name, Address, and Telephone Number EPA R€11istration Number/File Symbol Lone Star Specialty Products, LLC 1008 Riva Ridge Dr. Great Falls, VA 22066-1620 703-759-4837 82024-R

Active Inoredientts) and/or representative test comPOundts) Date Creosote Coal Tar Novembtlr t9, 

### aot!

General Use Pattem{s) (Ust all those claimed for this product usinr:J 40 CFR Part 158) ProdUct Name Wood Preservation

- Pressure Treatment Creosote Solution
NOTE; If your product is a 100% repacl<aging 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 Fonn 8570·27). 

# 0 I am responding to a Data-CalHn Notice, and have included 'Nith this fonn a list of companies sent offers of compensation (the Data Matrix fonn shOUld be used for this purpose).

SECTION I: METHOD OF DATA SUPPORT (Check one method onty) 

# 0 I am using the cite·aU method of support, and have included 'Nith this form 

# [2] I am using the selective method of support (or cite--all option
a list of companies sent offers 0/ compensation (the Data Matrix form under the selective method), and have included 'Nith this fonn a should be used for this purpose). completed list of data reqUirements (the Data Matrix form must be used).

SECnON II: GENERAL OFFER TO PAY
IRequired if using the cite--all method or when using the cite--all option under the selective method to satisfy one or more data requirements] 

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

SECTION lit: CERTlACATlON

I certify that this app,'lcation for registration, this fonn for reregistration, or th'ls Data·Call·ln response is supported by all data submrtted or cited in the application for registration, the form for reregistration, or the Data-CalI-In response. In addition, if the cite-ali option or cite-all option under the selective method is indicated in Section I, this application is supported by aU data in the Agency's files that (1) concern the properties or effects ofthis product or an identical or substantiaUy 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 appUcation sought the inilial registration of a product of identical or simllar composition and
uses.

I certify that for each exclusive use study cited in support of this registration or reregistration, that I am the original data submitter or that I have obtained the written pennission 0/ the original data submitter to cite that study.

I certify that for 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 of the original data SUbmitter to use the stLKly in support of this application; (c) all periods of eligibility for compensation have expired forlhe study; (d) the study is in the public literature; or (e) I have noMed 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)(B) of FIFRA; and Qi) to commence negotiations to determine the amount and tenns of compensation, if any, to be paid for the use of the sfudy.

I certify that in all instances where an offer of compensation is required, copies of all offers to pay compensation and evidence of their delivery in accordance with sections 3(c)(1)(F) and/or 3(c)(2)(B) of FtFRAare available and 'Nill be submitted to the Agency upon request. Should I fail 10 produce such evidence to the Agency upon request, I understand that the Agency may initiate action to deny. cancel or suspend the registration of my product in conformity 'Nith FIFRA.

t certify that the statements I have made on thiS form and all attachments to it are true, accurate, and complete. I acknowledge that any knowingly false ormisteading stat/may be punishable by fine or imprisonment or both under applicable law.

Signature

# ~**1(~~** Date Typed or Printed Name and Title
11ft9/11 Walter G. TalareklAuthorized Agent

EPA Form 857Q..34 (12-2003) Ij!lectronic and Paper versions available. Submit only Paper version.Forni'XpprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460,,,PaperworkRcductionActNotice:Thcpublicreportingburdenforthiscollectionofinformationisestimatedtoavcrage0.25huursperrcsponseforrcgisti.;:itfou"ac·iivitiesand02S[lOursforrereglstrlltionaudspecialreviewactivities,includingtimeforreadingtheinstructionsandcompletingIhencccssaryforms.ScndcommcntsregardingIheburdenestimatcorallYothcraspectofthiscollectionofInformation,includingsuggestionsforreducingtileburdento:Dircctor,OPPEInformationManagcmcntDivision(2137),U.S.EnvironmentalProtectionAgeucy,401MStrect,S.W.,Washinton,DC20460.Donotsendtheformtothisaddress.DATAMATRlX(Generic)'vate:NovcmberIS,20IIEPARel!:,NoJFileSvrnbol:S2024·RPa\!cIof5Applicant'sJRegistrant'sName&Address:LoncStarSpecIaltyProducts,LLCProduct:Creosote-SolutiollP.O.247LoncStar,TX75668Inl!redicnt:CreosotcGuidelilleReferenceNumbcrGuidelineStud_vNamcMRIDNumberSubmitterStatusNote830J550Productidentityandcomposition441412041456OLD830J600Startingmaterialsandmanufacturing4159780154774OLD830J620process830J650438049013008OLD830,1700PreliminafY.analysis441412041456OLD830.1750Certifiedlimits4159780154774OLD438049013008OLD'100.1800Enforcementanalyticalmethod441412041456OLD441412051456OLD441412061456OLD4850660182024OWN4862240182024OWN830.6300ReportsofmUltiplephys/chemcharacteristics441412051456OLD441412061456OLD4848080282024OWNOpenLitcraturc830.6302Color4848080282024OWNOpenLiteraturc830.6303Physicftstate4602700175341PAYSignatureNameaudTitlcWalterG,TalarekDateIlIIS/IIAuthorizedAgentr..,.D"""","m.h<•.__'.__••__•.•.__.,___".>t_,-••"...."__.,,n__._..h_.:•..0.__•__1•••____• T•••,,__."FormApprovedOMRNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460PaperworkReductionActNotiee:Thepnbliereportingbnrdenforthiscollectionofinformationisestimatedtoavcrage0.25IIOUrspel'respoaseforregistrationaetiviticsand0.25hoursperrcspouseforreregistrationandspecialreviewactivities.includingtimeforreadingtheinstructions andeompletiagthenecessaryforms.Sendcommentsregardingtheburdenestimateoranyotheraspectofthiscollectionofinformlltion,ineludiugsnggestionsforreducingtheburdento:Directur,OPPEInformationMnnagementDivision(2137),U.S.EnvirnmnentalProtectionAgency,401MSweet,S.W.,Washinton,DC20460.Donotsendtheformtothisaddress.DATAMATRIX(Generic)Date:November18,2011EPARcg.No.lFileSymbol:82024-RPage2of5Applicant'slRegistrant'sName&Addrcss:LoneStarSpecinltyProducts,LLCProduct:CreosoteSolutionP.O.Box247LoneStar,TX75668Inredient:CreosoteGuidelineReferenceNumberGuidelineStudYNameMRIDNumberSubmitterStatusNote830.6304Odor4848080282024OWNOpenLiterature830.6313Stability4848080282024OWNOpenLiteraunc830.6315F1ammabi1Ll)'4848080282024OWNOpenLiterature830.6316Exp10dability4848080282024OWNOpenLileralilre830.6317StorageStability4535560263700PAY4535620261483PAY0.6320Corrosioncharacteristics4535560263700PAY"--4535620261483PAY830.7000!pH4848080282024OWNOpenLiterature830.7220Boilingpoint4848080282024OWNOpenLilerature830.7300Density/relativedensity/bulkdensity4602700175341PAY830.7550Partitioncoefficient4848080282024OWNOpenLiteratllre830.7560830.7570830.7840Solubility4848080282024OWNOpenLiterature830.7860/'Signatore'JS42>J!NameandTitlcWalterG.T:darekDate:lllt8/1tAuthorizedAgentEI'AForm.11;;70·3;;{97\"ndPnnerve",ionsSuhmitonlvP9ncrverSion.AgencvlnternaillscCODYFOI'mApPl'ovedOMBNo,•....v.",N"V'20460.(Date::1'18,2011UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460......_v.forthiseollcetionisestimatedtoaverage0.25hourspergtimcforrcadingtheinstrnetionsandcompleline:theneeessal'Yforms.Send---OAT,III.PARNf.NnIeburdcn,I:82024-RApplieant'slRegistmnt'sName&AddressLoneStatSpecialtyProducts,LLCP.O.Box247Product:CreosoteSolutionr,TXand0.25GuidelineReferen:eNumberGuidelinlMRIDNumberSubmitterStatus830.795uVaporNon-CLeachingstudyforreleaseOJ____fromcreosote-impregnatedwoodAuaticinvertebrateacutetoxicitI850,1(\1(\850.1075Fishacutetoxicityfreshwater(Rainbow"'J850.13000.1400850.1950I1850.2100850.4225850.4250i1l70.1100SignatureIFishearly-litestageInvertebratelife-cycletesting-freshwaterdstudyforaquatic----'--·'-nstudyAvianacuteoraltoxicity(quail/duck)Seedlingemergencedose-responseinriceVegetativevigorIAcutealgal,eoraleinrice'''.Y:y-4species4848080282024OVVNL-tNameandTitleWalterG.Talill-ckAuthorizedAgentPAY[PAYIOLDEPAForm:ieande,Submit,!rversion.AgeueyInternalUscCopyIeforS.W.,(Paf,;c3of5\Notenv,v,I'v"umgfieldstudiesReservedpendingfieldSiudiesReservcdpendingJle!d__dpendingfieldsludies_'__..u"'gfieldstudiesReservedpendingfieldsludic,Reservedpendingfieldstudi_es_dpendingfieldstudicsDate:t1l18/11!yormAprroved.OMBNt.,2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON.D.C.20460PaperworkReductiollActNotice:Thepublicreportingburdenforthiscollectionofinformationisestimatedtoaverage0.25IlOlirsperresponseforregistrationactivitiesand0.25hoursperresponseforreregistrationandspecialreviewactivities,includingtimeforreadingtheinstructionsandcompletingthenecessaryforms.Sendcommentsregardingtheburdenestimateoranyotheraspectofthiscollectionofinformation,includingsuggestionsforreducingtheburdento:Director,OPPEInformationMauagementDlvisiou(2137),U.S,EnvironmentalProtectionAgency,401MStreet,S.W.,Washiugton,DC20460,Donotsendtheformtothisaddress.Date:November18,2011Applicant's/Registrant'sName&Address:LoneStarSpeeiHltyPI'oduets,LLCP.O,Box247LoneStar,TX75668l!!gredient:CreosoteGuidelineReferenceNumbel'GuidetineStudyNHme870.1200Acutedermaltoxicity870.1300Acuteinhalationtoxicity870.2400Primaryex.eirritationrabbit870.2500Prim<'.lfydermalirritation-rabbitDATAMATRIX(Generic)EPARee.No.!FileSymbol:82024-RProduct:CreosoteSolutionMRiDNumberISubmitterIStatus430323021637001OLD430323031637001OLD43032304163700IOLD43032305163700IOLD43675201163700IOLD"70.2600Dennalsensitization4367530163700OLDof5Note0.325090-daydermaltoxicity-rodent4361610163700OLD1870.3465870.4100870.6200870.3700870.3800Signature28!90-dayinhalationtoxicity-ratChronictoxicityDevelopmentaltoxicity-rat2-gs;:nerationreproduction-rat4361620163700OLDI43601001163700IOLD43600901I63700IOLD44844401163700IPAY43584201435842024483980242893201637006370063700218NameandTitleWalterG.TalurekAuthorizedAgentOLDOLDPAYOLDDate:**11118/11**EPAForm8570-30/(9-97)Electronic!UldPaperversionsavailable,SubmitonlyPaperversion.AgencyInternalUscCopy..FormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.....WASHINGTON,D.C.20460·.·:.....:·-"PaperworkReduetionActNotice:Thepublicreportingburdenfnrthiscollectionofinformationisestimatedtoaverage0.25honnperresponseforregistratiollactivitiesand0.25hoursperresponseforreregistrationandspecialreviewactivities,illcludingtimeforrcadillgtheinstructionsandcompletingtheIlceessaryforms.Sendcommentsregardingtheburdenestimateoranyothel'aspectofthiscollectionofillformation,includingsuggestionsforreducingtheburdento:Director,OPPEInformationManagementDivision(2137),U.S.EnviroumentalProtectionAgency,401MStreet,S.W.,Washinton,DC20460.Donotsendtheformtothisaddress.DATAMATRIX(Generic)'uate:November18,2011EPARelLNoJFileSvmbot:82024-RPae:e5of5Appllcallt's/Registrant'sName&Address:LoneStarSpeeialtyProdncts,LLCProdnet:CreosoteSotutiOIlP.O.Box247LoneStar,TX75668Inp"rediellt:CreosoteGuideJllleReferenceNumberGUidelineStudvNameMRlDNumberSubmitterStatusNote4483980163700PAY870.4200Oncogenicity4484440163700PAY8705450Ratdominantlethaltesting4394170263700OLD870.7600DermalabsoJ;tion4717950163700PAY4717950263700PAYGuidelineSeries875CreosoteCouncilStudy-Exnosure4532340163700PAYNon-GuidelineCreosoteprotectiveclothingpermeabilitystudy4660350163700PAY-Siguature'f0i;1oJ)HfCNameandTitleWalterG.TalarekDate:11118111AuthorizedAgent&'".IO'n__"",..,ll..,,,Ill.."r.lnn'_n_.nn_.'..n__'____.._<l_I.In"...._..n_I••D___•.•.__"'n..•____•.1••••___I •rnM•.FormApprovedOMBNo.2070-0{l60UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460PllperworkReductionActNotice:Thepublicreportingburdenforthiscollectionofinforrnationisestimatedtoaverage0.25hoursperresponseforrcgistratiollactivitiesand0.25hoorsperresponseforreregistrationandspecialreviewactivities,includingtimeforreadingtheinstructionsandcompletingtheneCCJ;saryforms,Sendcommentsregardingthebordenestimateoranyotheraspectofthiscollectionofjnformation,includingsuggestionsforreducingtheburdento:Director,OPPEInformationMllllagcmcntDivision(2}37),U.S,EuvirOlimentalProtectionAgency,401MStreet,S.W.,Washiuton,DC20460.Donotsendtheformtothisaddress.DATAMATRIX".,.ate:November18,2011EPAReI!.NoJFilePage1of3Applieant'slRegislrallt'sName&Address:LnneStarSpecialtyProducts,LLCProduct:CreosoteSOilltiOIlP.O.Dox247LoneStar,TX75668In'rediellt:CreosoteGuidelineReferenceNumberGoidelineStudyNameMRIDNUlUberSubmitterStatusNoteGuidelineSeries810Efficacy4850120182024OWN830.1550Productidentityandcomposition4844530182024OWN830.1600Descriptionofmaterialsusedtoproduceproduct4844530182024OWN830.1620Descriptionofproductionprocess4844530182024OWN830.1670DiscussionoHonnationofimpurities4844530182024OWN830.1700Preliminaryanalysis441412041456OLDi-441412051456OLD4844530282024OWN4844530482024OWN830.1750CertifIedlimits4844530382024OWN830.1800Enforcementanalyticalmethod441412041456OLD4850660182024OWN4862240182024OWN830.6300Reportsofmultiplephys(chemcharacteristics441412051456OLD441412061456OLD./4848080282024OWNSigoatureI-:---}1./NameaudTitleWlliterG.TalarekDate11118111---EPAForm8570-35(9-971EeetroniealldPn..----,-___"._...L "__L___'.______...._,_._,__•_____•., ..f"ofp'"UNITEDSTATESENVIRONMENTALPROTECTIONAGENCYFormApprovcCOMIiNfl.2070·0060...".401MStreet,S.W.WASHINGTON,D.C.20460---"-PaperworkReductionActNotice:Thepublicrcportillgburdenforthiscollectionorinformationisestimatedtoaverage0.25hourspcrresponseforregistrat[oL:activ>1icsperreregistrationandspecialreviewactivities,inCludingtimeforreadingtbeinstructionsDlldeompJetingthenecessaryforms.SendcommentsregardingtileburilencsfLmuteoranyotlLeL'aspectofthiscollectionofinformati011,includingsuggestionsfurreducingtheburden10:Director,OPPEInfol"LnationManugeLncntDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S,W.,Washing!on,DC20460.DonotsendthefornLtothisaddress.DATAMATRIX-<,ProductMSpecific)te:November18,2011EPARI!I!.NoJFlle§ymbol:82024-RPal!.e2of3'Applleant's/Rel,,'islrllllt'sName&Address:LoneStarSpecialtyProduets,LLCProduct:CreosoteSolutiouP.O.Box247LoneStar,TX75668Ingredient:CreosoteGuidelineReferenceNumberGuidelineStudy_NameMRIDNumberSubmitterStntusNote830_6302Color4848080282024OWNOpenLiterature830.6303Physicalstate4602700175341PAY830_6304Odor4848080282024OWNOpenLiterature830_6313Stability4848080282024OWNOpcnLiterature830.6314Oxidation/reduction:chemicalreactionNlA830.6315Flammability4848080282024OWNOpenLiteralure830.6316Explodability4848080282024OWNOpenLiterature830.6317StorageStability4535620261483PAY)_6319MiscibilityN/A1530.6320Corrosioncharacteristics4535620261483PAY830_6321DielectricbreakdownvoltageN/A830_7000pH4848080282024OWNOpenLiteralure830.7050UV/visibleabsorptionN/A830_7100Viscosity4848080282024OWNOpenUterature830_7300Density/relativedensity/bUlkdensity4602700175341PAY830.7520Particlesize,fiberlength,anddiameterPAYdistributionSigoature})vrifJJNameandTItleWalterG,TalarekDate:11/18111AutborizedAgentErA-Form(9-97fElecln:liiicandPaperversionsavailable.SllbmitonlyPaperversion.-AgencyInternalUseCopyUNITEDSTATESENVIRONMENTALPROTECTIONAGENCYFormN,!.2070-0060401MStreet,S.W.WASHINGTON,D.C.20460-PaperworkReductionActNotice:ThepuhHereportinghurdenfurthiseol[tetiouofinformalionlsestimatedtoaverage0.25honrsperresponseforregislralior:,aetivi"<iesb_9>jryperreregistrationandspteialreviewaelivities,inelndingtimeforreadingtheinstructionsandcompletingthenteessaryforms.Sendcommentsregardingthebnrden'estlmiteoranyotherIlspeelofthiseolltclionofinformation,includIngsuggestionsforreducingtbehnrdtnto:Direelor,OPPEInformationManagementDivision(2137),U.S.EnvironmentalProtectionAgeuey,401MStreet,S.W.,DC20460.Donotsendtheformtothisaddress.DATAMATRIX(ProductMSnecific)Ie:November18,2011EPARMY.No.!FiltSvmbol:82024-RPa"e3of3"Applieant's/Regislrant'sName&Address:LoneStarSptclaltyProducls,LLCProduct:CreosoteSolutionP.O.BOK247LoneSlar,TX75668In"redicnt:CreosoteGuidelineReferenceNumberGuidelineSludvNameMRIDNumberSubmitterStatusNote870-1100Acuteoraltoxicity4303230163700OLD870-1200Acutedennaltoxicity4303230263700OLD870.1300Acuteinhalationtoxicity4303230363700OLD870.2400Primaryeyeirritationrabbit4303230463700OLD870.2500Primarydermalirritation-rabbit4303230563700OLD870.2600Dennalsensitization4367530163700OLD4367520163700OLDSignatureNmneandTitleWallerG.Talal'ekDate:11118111AnthOlizedAgentEPAFm'm1I<;711.JC'/9_971FltetronleJlmlPaDerversionsSubmitonlvPsnelversion.Af'enevCon\'LAW OFFICES OF WALTER G. TALAREK, PC

1008 Riva Ridge Drive Great Falls, VA 22066-1620

PHONE: 703-759-4837

FAX: 703-759-5548 E-MAIL: wtalarek@verizon.net

November 19, 2011

DELIVERED BY CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Creosote Council III 11S0 18 th Street, N.W. Suite 1000 Washington, DC 20036

Dear Madam or Sir:

I am writing to your on behalf oflone Star Specialty Products, llC oflone Star, Texas ("lone Star"). lone Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act (IFlFRA") to the U.s. Environmental Protection Agency ("EPA N ) 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 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. oesPP 830.6317 and 830.6320

- MRID 45355601; Sparacino (1999); Research Triangle Institute; Lab Project Number: 70C-6939/7674: RTI/6939/7674; 2. DesPP 830.6317 and 830.6320

- MRID 45355602; Sparacino (1999); Research Triangle Institute; Lab Project Number: 70C-6939/7674: RTI/6939/7674; 3. oespp 870.3700

- MRID 44839802; York (1994); International Research & Development Corp.; Lab Project Number: 672-002; 4. DeSpp 870.3800

- MRlD 44839801; York (1995); International Research & Development Corp.;
Lab Project Number: 672-006; 5. oespp 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. oespp 870.7600

- MRID 47179502; Fasano (2007); E.!. DuPont de Nemours and Co.; Dupontj21647, 16308, 1377;

Page 1 013

### 8. oespp Guideline Series 875

- MRID 45323401; Bookbinder (2001); American Agricultural Services, Inc. and**En~Cas** 

### laboratories; AA990308:**98~0079;** 

### and 9. Non-Guideline

- Creosote Permeability Study

- MRID 46603501; Hooton, D. (2P04); Midwp.st Research Institute; Project Number 310361/1/003. '

Forthe 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 forthe 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 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 of the 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 (OPPTS 830.7520); 2. Field study or simulated study for aquatij: 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 consortium was listed on EPA's Data Submitters List under PC Code 2S004 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 20f3

### 3. Formulation on which the study was conducted, i.e., name and percentage of active ingredient and relevant AWPA Standard; 4. AuthorofstudYi 5. 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 ofthe 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 forthe 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.

Walter G. alarek Authorized Agent Lone Star Specialty Products, LLC

Page 30f3LAW 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

OElIVEREO BY CERTIFIEO MAIL- RETURN RECEIPT REQUE5TEO Osmose Utilities Services, Inc. 980 EllicottStreet 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 2Soo4) 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, ORD/12CfO.

If you require compensation for the above study identified by MRID number, please provide the fo11owing information 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 of the study, data evaluation review or in registration or reregistration correspondence; 

### 4. Actual cost of the study, along with receipts and an explanation of how each cost figure was derived; S. 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 1 of2For the above data cited by MRID number, Lone Star hereby offers to pay compensation to the extent required by FIFRA section 3(c}(1)(Fl, and offers to commence negotiations to d'!-terr;line th2 om..:>i.lnt atl(',
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. 

# SinrVVOj:t:

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

DEUVERED BY CERTIFIED MAll- RETURN RECEIPT REQUESTED KMG-Bernuth, Inc. 9555 W. Sam Houston Pkwy. South 5uite 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 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 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 45356201; 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 

### 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 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 compensationj and



### Page 1 012

### 6. 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 comr:cmc:tlon to the**~xlent** 

### 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 FIFRA.

Thank you very much for your cooperation.

,.,'



### 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 Spray Drift Task Force 1900 KStreet, 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 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 foraquatic 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. Formulation on which the study was conducted, 

### i. e, name and percentage of active ingredient and relevant AWPA Standard;

Page 10f2

### 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 ofthe 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.

Forthe 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.

Walter

. Talarek Authori ed 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 RutgersVFT 9555 W. Sam Houston Pkwy. S. #600 Houston, TX 77099

Dear Madam or Sir:

I am writing to your on behalf I?f 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 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. Master Record Identification Number;

Page 1 of2

### 3. Formulation on which the study was conducted, i. 

### e, name and percentage ot active ingmdient 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 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.

Sincerely yours,

WalterG. alarek Authorized Agent lone Star Specialty Products, llC

Page 2 of2LAW OFACES 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 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 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 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 fisted

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 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-ali option, lone Star hereby offers to pay compensation to the
extent required by FIFRA section 3{c){1j{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.

Sincerely yours

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@verlzon.net

November 19,2011

DELIVERED BY CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Engineering P.O. Box 2497 Inverness, FL 32651

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 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**(non~** guideline). This data requirement was identified in the Creosote RED.

Your company was listed on EPA's Data Submitters List under PC Code 2S004 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. Formulation on which the study was conducted, i. e, name and percentage of active ingredient and relevant AWPA Standard;

Pagelof2

### 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 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.

Forthe 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 forand 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 you ,

# J~ Walter

. Talarek Authorized Agent lone Star Specialty Products, LLC

Page2of2LAW OFFICES OF WALTER G. TALAREK, PC

1008 Riva Ridge Drive Great FaUs, VA 22066 w 1620

PHONE: 703 w 7S9 w 4837 FAX: 703 w 759 w SS48 EwMAll: wtalarek@verizon.net

November 19, 2011

DELIVERED BY CERTIFIED MAIL

- RETURN RECEIPT REQUESTED 

### 1. Schneid P.O. Box 16247 Atlanta, GA 30321

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-aU option. In this regard, Lone Star has identified three data requirements listed in the Creosote RED for which it is using the citewall 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 w 08 w 007; September 2008)i 3. leaching study for release of creosote components from creosote-impregnated wood (non w 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 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. Formulation on which the study was conducted, i. e, name and percentage of active ingredient and relevant AWPAStandard;

Page 1 of2

### 4. Author of study; 5. Name of Laboratorywhich 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

### Lab~~atory Pra'ctice 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)(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.

Sincerely yo

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 Reilly Industries, Inc. 300 North Meridian Street Suite 1S00 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 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 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 830.7S20); 2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 8S0.1950). 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 10f23. 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 ofthe 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.

### SinCereIYYOJ~

Authorized Agent lone Star Specialty Products, 

### llC

Page 20f2 

### "


### , , , "

,LAW OFFICES OF WALTER G. TALAREK, PC

1008 Riva Ridge Drive Great FaITs, VA 22066-1620

PHONE: 703-759-4837

FAX: 703-759-5548 E-MAIL: wtatarek@verizon.net

November 19,2011

DELIVERED BY CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Trenton Sales, Inc. P.O. Box 155352 lufkin, TX 75912

Dear Madam or 5ir:

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 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 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 (OPPTS 850.1950). This data requirement was identified In the Creosote RED (EPA 739-R-08-007; September 200B)i 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 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; S. Name of laboratory which conducted the 

### studYi
6. Date study was conducted;

Page 10f2

'.

### 7. Date study was submitted to EPA; 8. Certification that the study was conducted in accordance with EPA's Goed**4~oratOl** 

### Y,Pr,&,(:tice 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-ali option, lone Star hereby offers to pay compensation to the
extent required by FIFRA section 3(c)(I)(F), and offers to commence negotiations to determine the
amount and terms of compensatlon, 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.

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 Coopers Creek Chemical Corp. W/S River Road West Conshohocken, PA 19428

Dear Madam or Sir:

I am writing toyour 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-al1 option. In this regard, Lone Star has identified three data requirements listed in the Creosote RED for which it is using the cite-al1 method of data support, and which are listed asfol1ows:

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-08-007i 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 Hke 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; 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 of2

### 6. Date study was conducted; 7. 

### Date study was submitted to EPA; 8. 

### Certification that the study was conducted in accordance with EPA's Goo>1 lab:oratory Prddicp. 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.

Forthe data in EPA's files that you own which addresses the three aboveMidentified data requirements for which Lone Star is using the citeMatt 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 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

Authorized Agent Lone Star Specialty Products, LLC

Page 2 of2UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460pcrrcsponscthcinstructionsandcompletingthencccssaryforms.Scudcommentsregardingtilebnrdcuestimateoranyburdento:Director,OPPEInformationMauagemcntDivision(2137),U.S.EnviroumcntalProtectionAgcucy,401MStrcet,S.W.,•"1plicnnt's/Registran!'sNamc&Address:LoneStarSpccialtyProducts,LLCP.O.Box247SignatureProduct:Creosotc-SolntionNamcandTitleWalterG.Talal'ckAuthorizedAgeutOLDDatc11118/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460readingtheinstructionslindcompletingtbenecessaryforms.Sendtheburdento:Director,OPPEInformationManagemeatDivision(2137),U.S.1'--plieant's/Registrant'sName&Address:LoneStarSpecialtyProducts,LLCP.O.Box247Prodncl:CreosoteSolntionSignatureNameandTitleWalterG.TalllrekAuthorizedAgentoranyAgency,401MStreet,S.W.,Dale:11/18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460avcragcU.25houl'sperresponseforregistrationactivitiesandU.2511onrsperresponsethcinstructionsandcomplctingthenecessaryforms.Sendcommentsregardingthcburdenestimatcoranyothcraspectofthisto:Director,OPPEInformationManagementDivision(2137),U.S.EnvironmentalProtectionAgency,401MStrect,S.W.,_lllicaut'slRegistrant'sNmne&AddressLoneSturSpecialtyProducts,LLCP.O.Box247Product:CreosoteSolutionSignatureNamcandTitleWalterG.TatarekAuthorizedAgentPAYDate:11/18/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet.S.W."h.l'plieaut'S/Registlllut'sName&Address:LoneStarSpecialtyProducts,LLCP.O.Box247SignatureWASHINGTON,D.C.20460responseregardingtheburdenestimateoranyotheraspectofthisU.S.EnvironmentalProtectionAgency,401MStreet,S.W.,Prodoet:CreosoteSolution218Nameand'ntleWalterG.TalarekAuthorizedAgentOLDDate:11118111UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460theInstructionsandeompletingto:Director,OPPEInformationManagemcntDivision(2137),u.s.EnvironmcutalProtectionAgency,"oIiCllnt's/Registrant'sName&Address:LoneStarSpecialtyProduets,LLCP,O.Box247Product:CreosoteSolutionSiguHlureNameHnrlTitleWalterG.TalarehAuthorizedAgentthisMStreet,S.W.,DatI':11/18/11i 

### Lone Star Specialty Products Creosote Solution (82024-R) and Creosote Oil (820243-E)

# {'ite~~ ::alter Talarej(

,,%,,,,,,#k 

### Juan Negron 10112/201103:57 

### PM Cc: chris smith Hide Details From: Walter Talarek <wtalarek@verizon.net>

To: Juan Negron/DC/uSEPAlUS@EPA

Cc: chris smith <chris@lonestarspecialties.net>

Please respond to Walter Talarek <wtalarek@verizon.net>

3 Attachments
1rnlI- 

# -'-**~-** Scan _Doc0082.pdf Scan

_ Doc0084.pdf Scan

_ Doc0083.pdf



### CONTAINS CONFIDENTIAL BUSINESS INFORMATION

Dear Juan, Page 1 of2

It was my pleasure speaking with you today concerning how Lone Star Specialty Products, Inc. (Lone Star) is addressing certain product chemistry data requirements in support of its applications for registration of Creosote Solution, EPA File**Symbo182024~R** 

### and Creosote Oil, EPA File**Symbo182024~E.** 

### In response to your request, I am providing the following information and the attached data and information.

With regard to the enforcement analytical method data requirement, OCSPP 830.1800, Lone Star has cited the data submitted previously by Reilly Industries, the previous owner of its Lone Star, Texas facility, and has ./' submitted a 

### MS/GC method. The Reilly data cited for Lone Star's Creosote Solution are MRIDs 44141204,

### 44141205~d 4414120MThe Reilly data cited for Lone Star's Creosote Oil are 44141201';"44141202 and 44141203:-1'he 

### MS/GC method submitted by Lone Star is MRID 48506601. In addition, as we discussed, I have attached to this e-mail a copy ofAWPA Standard AI-06. This standard contains a flame distillation method that

can be used by EPA for enforcement. This is the method that the industry uses to ensure that its creosote products conform to AWPA standards. Lone Star also will be submitting this method through EPA's front-end unit and getting a MRID number for it.

With regard to the preliminary analysis data requirement, OCSPP 830.1750, Lone Star has cited the data

file 

### :IIC:\Documents and Settines\ineero02\Local Settinrrs\ Temn\notp.sR7944**R\~Wf'h794?** 

### htm lnl11I'Jnli

### Page 2 of2

submitted previously by Reilly Indus

.....

## ~~'s and has submitted two studies of its

## ow~. The Reilly Industries data cited for Lone Star's Creosote Solution are MRlDs 44141204 and 44141205. The Reilly Industries data cited for Lone Star's Creosote Oil are MRIDs 44141201 and 44141202. The data submitted by Lone Star are MRIDs 48445302 and 48445304. MRID 48445302 contains an analysis of Lone Star's Creosote Oil and lists and quantifies the product's components. MRID 48445304 contains analyses of AWPA Standard PIIP13and AWPA Standard P2 creosote products produced prior to September 4, 2007, at Lone Star's Lone Star, Texas facility. This facility belonged to Reilly Industries prior to this date. The analyses were conducted according to the A WP A Standards A 1 in effect at the time.

Next, turning the Confidential Statements of Fonnula (CSFs) for the products. I have attached to this e-mail revised CSFs. The revised CSFs have new information in Boxes 7, 8 and 9. Box 7 now contains specific gravity values that are based on the data contained in MRlD 48445304. The values are the averages of the first five values for each product found in this MRID. See pages 5 to 9 for the Creosote Oil (PIIP13) 

### data and pages 14 to 

### 18 for the CreosOte Solution (P2) data. 

### If two values are shown for specific gravity on a page, the second value is the correct value.

With regard to Box 8 on the CSFs, i.e., pH, Lone Star has revised the box to state that the requirement is not applicable (NA). The requirement is not applicable because creosote is not soluble or dispersible in water.

With regard to Box 9 on the CSFs, Le., flash point/flame extension, Lone Star has revised the box to state that the requirement is not applicable. The requirement is not applicable because the open literature indicates that the flash point for creosote is greater than 93.3 degrees C (greater than 200 degrees F), and EPA's Label Review Manual (LRM) indicates that at this temperature a product is not flmmable. See page 9-2 of the LRM.

1 hope this information and data will now allow you to complete a favorable review of Lone Star's applications for registration.

Sincerely,

Walt Walter G. Talarek Authorized Agent Lone Star Specialty Products, Inc. 703·759-4837

NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged at law. It is nol intended for transmission to, or receipt by, any unauthorized persons. If you have received this eieclronic mail transmission in elTor, please delele it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected.

file:IIC:\Documents 

### and Settings\jnegro02\Local Settings\ T ernp\notes87944 B\-web 7942.htrn 1011 3/20 11

# AI-06 AMERICAN WOOD PROTECTION ASSOCIATION STANDARD
02010 All Rights Re,elved

### -----~:....-.-----.------- STANDARD METHODS FOR ANALYSIS OF CREOSOTE AND OIL-TYPE PIlESERVAlIVES

Jud,diqion: AWPA Subcommit!ee P-S
Reaffumed in :2000, amended in 2006. This AWPA Standard Is promulgated according to an open, consen,us procedure.

## PRIA 2 - 21 Day Content Screen Review Worksheet (EPA/OPP Use Only) 

### 3/23/09 21 Day Screen Start Date: 

### -'Or:H1J/"'o'-!'j-,!I.!JII_"'c-o,----_-c---,-

__

## ~ Experts In-Processing Signature: 

## \H'OoiKV QcaodtJVV DateC!:t/ldll Fee Paid: Yes 

### Division management contacted on issues No Yes Date

______ _

EPA Reg. Number:**.~.;J** 

## 0 Q't

- 

# R EPA Receipt Date: 

## Dt..! 

# /Or/ Ii

1

2

3



### 4

5 

### Items for Review

Application Form (EPA Form 8570-1)(link to form) signed & complete including package type Yes No 

### N/A*



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

# X

a) All 

### inerts (link 

### to http://www.epa.gov/opprdOOllinensl), including fragrances, approved for the proposed uses (see Footnote


### Certification with Respect 

### to Citation of Data (EPA Fonn 8570-34) (Link to form) completed and signed 

### (N/A if 100% repack)

Certificate and data matrix consistent

If applicant is reI ying 

### on data that are compensable, is the offer
to pay statement included. (see Footnote B)

If 

### is yes no

completed and (N/A 

### if 

### source is unregistered or applicant owns the



### Data Matrix (EPA Form 8570-35) (Link 

### to form) both internal and external copies cPR 98-5) (Link to PR 98-5) completed and signed 

### (NI A if 100%

Selective Method (Fee
b) Cite-All (Fee category experts use)

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

# x

5 Copies of Label (link to htlp:llwww.epa.gov/oppfeadlllabeIing!!rmD 

### 6 (Electronic labels on CD are encouraged and guidance is available)( 

### link to 

# X

http://www.epa.gov/pesticides/regulatinglregistering/submissions/index.htm#labels



### 1

### 7 

### Is the data package consistent with PR 

### Notice**86~5** 

### (link to PRN 86-5) 

# X

Notice of Filing (link to 

### 8 htt(!://www.eI!a.gov/l!£sticides/regulatimutolerance I!etitions.htm) included 

# X with petitions (link to httl"i/w w w.eoa.2 ov /pesticides/rel!Ulatin2/tolerances.htm)

9 If 

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

# X http://www.epa.gov/opprdOOllworkplan/reducedrisk.htmI)

Required Data (link to httJ.!://www.el,!a.gov/I!esticides/regulatin2/data reguirements.htm) and/or data waivers. See Footnote C.

a) 

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



### 10

2

### Comments: 

# No inut-s 

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Footnotes

A During the 21 day initial content review, all CSFs 

### will be reviewed to detennine 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 

### eSF, 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 information, fonus, 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/QPprdOOllinerts/lists.htrnll 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 andlor 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 lIAB. 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 loppbppd 

### 1!b iopesticidesl contacts bppd.htm 

## J.

When a brand, trade, or proprietary name of an inert ingredient is listed on a CSF, additional infonnation such as an alternate name of the inert, CAS number or other information (link to http://www.epa.gov/opprd001/inerts/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:

L 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 (R31 I , 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 A53l. 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 04/1412011 

### 03:53 AM Cc: chris smith Show Details



### Dear Jennifer, Page lof2

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.Jennifer@epamaii.epa.gov>
wrote:

From: Brandon.Jennifer@epamail.epa.gov <Brandon.Jennifer@epamail.epa.gov> Subject: EPA Submission: Creosote Solution, Creosote Oil (82024-R, E) To: wtalarek@verizon.net Cc: Nair.Sree@epamail.epa.gov Date: Wednesday, April 13, 2011, 2:02 PM

Mr. Walter,

I forgot to mention over the phone earlier today that I will be out of the office on Friday 04/15/2011. 

### 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.iennifer@e~** 

### Page 20f2UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



### April 8, 2011

OPP Decision Number: D-447506 EPA File Symbol or Registration Number: 82024-R Product Name: CREOSOTE-SOLUTION EPA Receipt Date: 07-Apr-20ll EPA Company Number: 82024 Company Name: LONE STAR SPECIALTY PRODUCTS, LLC.

MICHAEL A. JACKSON BRAZOS ASSOCIATES, INC. LONE STAR SPECIALTY PRODUCTS, LLC. 1806 AUBURN DRJVE CARROLLTON, TX 75007-1451 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES



### 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-86-5 screen will be communicated separately. During the administrative
screen, the Office of Pesticide Programs has detennined 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: 

### A5S0

NEW PRODUCT;NON-FAST TRACK;OTHER USES;

Your request for waiver has been forwarded for review. You will be notified in writing when a detenmnation 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.

Sincerel,+-,**;;;?Y~.** 

### FrontJ3ne!

# t~**;f«"~** 

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# _4_/_7/_2_01_1--J

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# D This item is NOT subject to FFS action.
Action Code: [i 

# I Parent/Child Decisions: I

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# I AS 5D 

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# I A. 550 

# I

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# $ 

# L:/,IO) 

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## Inert Cleared for Intended Use [§l 

## Uncleared Inert in Product

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## Remarks: 

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uses other than FIFRA section 2(mm) and contaJns old active ingredient from unregistered source. Applicant is requesting small business fee waiVer. Applicant may be contacted atwtalarek@verizon.netor703-759-S548(fax).

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## -(Bc (Yl. • Certification must be $ubm/ttfJd Unit Pllckeging wgt. 

### U

3. Utcetion of Net Contents Infonnation 4. Size I.) Rotail Container 

# o Container 

### 10,000 

### & 18,000 gals. OM liner 2.**T~** of Contelner

# ::~o Gle

.. .'PM Other tSPDcify),

_______ 

# .1

5. Locetion of label Directiona



### c::::J On Label 

### l!:J On l.eboling 8ccornpenying product

6. Menner in Which Lebo! ie Affixed to Product Uthograph P.aper aluM Stencifed**Do~'** 

# ______________ __
Section**~** 

### IV

t. Contact Point ICompiat. ittmlS dirfICt/y bfllow for idtmtificstion of individulll to bo tontllClod, H nfICII$$IUY. to proc.ss thi$ .pplicatkJn.) N_ Walter G. Talarek TItle Authorized Agent 

# ! TelePhone No.**(I~~~II** Area Cedll) 703-759-4837

## f-------------------------------------------JL---------------------------------~'**~,** ) '6. Ollte'Application Certification
I certify that the statoments I**ha~D** mado this form and aU ettachments thereto are true, accurate and co.'Tij):,to. lecknowledgll tlWIt eny knowingly I or misJeeding atetllment may be puniaheblo by fine or irnpriaol'll'1ltlnt or; both undllr applicabllllaw. 

### '.Si,MM' J 

# J.,«s1". xf\ 

# A/ 3.''''

## ,-~ l./\) 

# fJ :**~ ~**  Authorized Agent

4. Typlld NIIITI4I Walter G. Talarek

EPA Form 8570-t IRev. u.941 PreVIous odition. lire obsoillte. 5. Date April 4, 2011

WhIt. • EPA FIIto Copy lorIglnall Received (Stamped) "


### , 

# .

Y.llow • Appllc.nt Copy**""'e,.a~on** 

# ..,.,. 

# ...**F~" ~**  

# ..

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# §
Registration OPfJ Identifier Number 

# oEPA Environmental Protection Agency Amendment W

.. hlngton, DC 20460 

### x Other

Application for Pesticide**~** 

### Section I

1. COl'l'lp4lny/Product Number 2. EPA Produot**M.na~r** 3. PropoMd Cla

.. lfication 82024 Jacqueline McFarlane

4. Cempanv/Product (N.rn.) 

## PM' 

# 0 NOM 

# o flntrietad
lone Star Specialty Products, lLC 34

5. Name aTld**~** of Applioam (1nr:hRn ZIP (;QdaJ 6. Expedited Review. In accordance with F1FRA Section 3Ic)[3)

lone Star Specialty Products.llC Ib)[i), my product Is similar or Identical In composition and iBbeling
c/o WalterG. Talarek PC 1008 Riva Ridge Drive to,

Great Falls, VA 22066-1620 0 EPA Reg. No. 

# o
Check if this " ./lew

## IIddr~ Product Name 

### Section

- Ii 

# 0 ArrIfl'Idrnont·**~ain** below. 

# o Final printM label. In r.tpolHla to 

# 0 

# o Agency letter dllted Re.ubmluion In reap.on.e to Agency lattar datH -MIt Too- AppIloation. 

# 0 Notificetian· Exploin below. 

# 0 Other

- ExplaIn below. 

# 0p::tCtiCCi 

# app\ i 

# Com

Explanation: Uaa addjjjcl'llli pagals) If nacou.ary. IFor eaction I and Section II.}

# ~fm 

# 'lN1**Ci,Q()~-** 

# of C\iiCl f1C- W Change of company's address (COADR). 

## 04/14/1 1 

## ,



# - Section

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t. Matan.l Thk Pr<xIuct 

### wm

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Chlld·Ra"tant PacJtaaing Unh: Packaging Watar SoIubls PadYJQing 2. Type of ContaiMl" 

# B:'- Bv" B V

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# o lob. 

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# a
Onlabal On Labeling accompenying produCt

6. Manner in Whioh Labat I, Affixed to Product 

# f= Uthograph 

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### Section**~** 

### IV

1. Contact Point (Compht. ft_ dirwctJy bmw for idMItific#lrkNt 0/ indlvidulll to be**r:olltfICt~.** ;( nK'8.S$aI)'. to proNU thilll appbtion.J 

# N_**T~' TaI~hona**  No. (Includa 

# A,.. Coda) WalterG. Talarek Authorized Agent 703-759-4837

Certification 6. Data Appliclltilln 

# I**~"fy** "",

...**'''''~~;** <hi,**fo~** and 

## 011 

# """hm,"U

""!Of<> ." Iru •••**~"""** • ., '""'PO". flocei\l1ld
I acknowlado- that any knowingl

.. or mislaadinQ statamant May be**puni~a** bV fine or imprisonment or (Stamped) IUIth und,r.ppUc.bhI 

### "w.

2. Signature

# fIYJ~ 3. Tltla

Authorized Agent

4. TypI'dN_ 

## I 5. Oat"
Walter G. Talarek April 12,2011



## .. EPA Forni 857Q-1lRev. 8-S4) Provrouo edibon. an ob.oleto. V,Vow • Applicant CopV

# STAR AlTI!=S, 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, 

### NW. Washington, D.C. 20460-0001

Re: Application for Registration of Lone Star Specialty Products, Inc. 's Creosote Products



### Dear Ms. McFarlane:

I hereby authorize Mr.**Wa~er** 

### G. Talarek to act as Ltme Star Specialty Products, Inc.'5 ("Lone Star's") agent and representative for the purpose of registering fts creosote products wrrh the Environmental Protection Agency. These products contain errher P11P13 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 infonmation and files that 

### have been**submitt~** 

### in support 

### of Lone star's applications for registration.

# (i7&s,~ Chris 

### O. Smith 

### President

County of 

# i!1orri S ) ) State ofTexas )

Swom and subscribed before me ,;; my presence by Mr. Chris Smith, President, the one StarS!,!,cialty Products; Inc. on

### Marc~2011.

# ~~~I**~~L!JjI-""-l:L-,(SEAL)** 

# e -.......,.**~ ~~~~**  Notary P lie

.. _.--..

. My ctimmission expires:

# _~/,---,Id=-_-"-j<-".;I,~~~~~·_--"';;;;;;;;;.J

physical I 6412 U.S. Hwy 259 South Lone star. TX 75668-3102 main 1903.655.253 IoU 1800.256.203CONTAINS CONFIDENTIAL BUSINESS Jacqueline McFarlane PM 34, Antimicrobials Division LAW OFFICES OF WALTER G. TALAREK, 

### p.e.

1008 RIVA RIDGE DRIVE GREAT FALLS, VA**22066~1620**

PHONE:**703~759-4837**

FAX;**703~7S9~5S48 E~MAIL:**  WTALAREK@VERIZON.NET

April 4, 2011

c/o Document Processing Desk (REGFEE)(APPL) Office of Pesticide Programs (7504P) U.S. Environmental Protection Agency Room S-49OO, 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 25004, CAS No.**8001~S8~9,** 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, Le., EPA Est. No.**82024-TX~1,** is the same facility at which Reilly Industries, Inc. ("Reilly"; EPA Company Number 1456) produced its coal tar enamel and registered creosote products, Le.,**1456~TX~1,** from 1950 to 2006.

Lone Star purchased the Reilly facility in 2007. Since 2007 Lone Star has been producing coal tar enamel. pitches and other**distjJIate~ojl** non-pesticide products at this facility for coal tar suppliers. Therefore, Lone Star's production facility has operated continuously under different owners from June 1950 to the present day, with over 10,000 days of coal tar processing.

Pagelof3

### Second, Lone Star will be producing AWPA Pl/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 of these 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 Pl/P13 and P2 creossote products at the Lone Star, Texas facility until20D7. }. 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 Pl/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 Oil (Pl/P13) and KMG-Bernuth's P2 product. The lone Star Pl/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 Pl/P13 and P2 products produced by Reilly and lone Star at the lone Star, Texas facility. The analyses were conducted using AWPA Standard Al.

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 (OPPTS 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 (i) 

### 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 Star'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 Pl/P13 and P2
creosote products in EPA's files, specifically the data on preliminary analysis (OPPTS 830.1700), enforcement analytical method (OPPTS 830.1800), reports of multiple physical and chemical characteristics (OPPTS 830.6300), storage stability (OPPTS 830.6317) and corrosion characteristics (OPPTS 830.6320). Further, with regard to the acute toxicity data requirements, lone Star is citing old data that were submitted by the Creosote Council (EPA Company Number 63700) and that are listed in the Data Requirement Table of Appendix B of the Creosote RED (EPA 739-R-08-007j September 2008).

Page20f3

### 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 files 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 stability (OPPTS 830.6317) and corrosion characteristics (OPPTS 830.6320). For these four data reqUirements, lone Star has cited Reilly 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 ASSO. lone Star's Creosote Oil and**Creosote~Solution** 

### wood preservative products are substantially similar 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 preservative 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 products. Therefore, lone Star believes that PRIA fee category ASSO 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 2S 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 Certification Form for Pesticide Registration Fee Waiver/Reduction, (2) IRS Forms 1120S forthe years 2008, 2009 and 2010 and(3) IRS Form 941 for the third quarter of 2010. Therefore, I am submitting two checks, each in the amount of $1,lS8, to cover the registration fees for lone Star'S products.

If you have any questions about these applications, please feel free to contact me.

Enclosures

- Applications for Registration

CC: Chris Smith, Lone Star

Page 3 

### of 3

### TRANSMITTAL DOCUMENT



### 1. Name and address of submitter

lAme 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 of Creosote-Solution



### 3. Transmittal date

April 4, 2011



### 4. List of submitted studies



### Volume 1 Administrative Materials (See Table ofC tents)

Company Official: Walter G. Talarek Authorized Agent



### Company Name: Lone Star Specialty Products. LLC



### Company Contact: Walter G. Talarek Name



### Page 1 of! (703) 759-4837 Phone

"


### ,

J',
,Form Aooroved OMS Nos. 2u

........ 0060; 2070-0057; 2070-0t07; 2070-0122; 2070-0164

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1200 Pennsylvania Avenue, N.W. WASHINGTON, D.C. 20460

Paperwork Reduction Act Notice: The public reporting burden for this collection ofinfimnation is estimated toaverage 1.25 hours perresponsc for rcgisuation and 0.25 hours per response fur reregistration and special review activities, including time for reading the instructions and completing the necessary forms. Send conuncnts regarding burden estimale orany other aspect of this collection of infonnation. including suggestions for reducing the burden to: Director. Collection Strategies Division (2&22D. U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. Do not**~end** the completed fonn to this address.

Certification with Respect to Citation of Data

Appllcanl'slRefjlstrant's Name, Address, and Telephone Number lone Slar Specially Products, llC P.O. Box 247 Lone Star, TX 75668

Active Inaredient(s) and/or representative test compoundfs) Creosote Coal Tar

General Use Pattem(s) (list all those claimed for this product**usin~** 40 CFR Part 158) Wood Preservation

- Pressure Treatment EPA Registration NumberlFile Symbol 82024-

Date April 4. 2011

Product Name Creosote-Solution

NOTE: If your product is a tOO% repackaging of another purchased EPA-registered product labeled for all the same uses on your label, you do not need to**subm~** this form. You must submlt the Formulators Exemption Statement (EPA Form 8570-27). 

# D

D I am responding to a Data-Call-In Notice, and have included with this form a list of companies sent offers of compensation (the Data Matrix form should be used for this purpose).

SECTION I: METHOD OF DATA SUPPORT (Check one method only)

I am us"ng the cite-all method of support, and have included with this form

a list of companies sent offers of compensation (the Data Matrix form Should be used forthis purpose). I am using the selective method of support (or cite-all option under the selective method), and have included with this form a completed list of data requirements (the Dala Matrix form must be used).

SECTION II: GENERAL OFFER TO PAY

IRequired if using the Cite-all method or when using the cite-all option under the selective method to satisfy one or more data requirementsi 

# [Jil I hereby offer and agree to pay compensation, to other persons, with regard to the approval of this applicalion. to the extent required by FIFRA.

SECTION !II: CERTIFICATION

I certify that this application for registration, this form for reregstration, or this Data-Call-ln response 'IS supported by all da'a subm"itted or ciled in the applicatioo for registration, the form for reregistration, or the Data-Call-In response. In addition, ffthe cite-all option or cite-all option under the selective method is indicated in Section I, this appliCation is supported by all data in the Agency's files that (t) 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 sooght the iniUal registration of a product of identical or similar composition and

uses

.
I certify that for each exdusive use study cited in support of this registrat"lon or reregistration, that I am !he original data submItter or that I have obtained the written permission of !he original data submitter to cite that stUdy.

, >- • I certify Ih:rt for each study cited in support of this registlaUon or reregistration that is not an eXClusive use study, either: (a) I am th'J**p.1~inal** data submitter; (b) I have obtained the permission of the original data submitter to use the study in support of this application; (c)**~trpefiods** of eligibility,for compensalion have expired for the study: (d) the study is in the public literatLre; or (e) I have notified in writing the companytl"lat subm"itted the study and have offered (t) to pay compensation to the extent required by sections 3(c)(t)(F) and/or 3(c)(2)(B) of FIFRA; and (ii) to commence**,!el"l0~a\ions** to detennlne the amount and terms of compensation, if any, to be pa'ld for the use of !he study. ' j**~** 

### , ,**~** '"


### , I certify that in all instances 'Nhere an offer of compensation is required, copies of all offers to pay compensation and**e~i~~nce** of their**deiiV~** in accordance with sections 3(c)(1)(F) and/or 3(c)(2)(S) ofFIFRA are available and will be submitted to the Agency upon requesl. 3hOl

.. 

### \d I fail to propuce such evidence to !he Agency upon request, I understand that the Agency may initiate action to deny, cancel or suspend the registratior,of my product in conformily with FIFRA. '",:

I certify that the statements t have made on thiS form and all attachments to it are true, accurate, and complete. I**ackn0V:'I,!<!Q~~ttlat** any knowIngly false or misleading statement '/ punishable by fine or imprisonment or both under applicable law. '

Signature Dale Typed or Prinled Name and Title

4/4/t1 Walter G. TalarekJAu\horized Agent

EPA Form 8570-34 (t2-2003) Bec!roic and Paper versions available.**Subm~** only Paper version.UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460readingIheinstructionsandcompletingthenecessaryforms.Sendcommentsthebllrdento:Director,OPPEInformationManagementDivision(2137),U.S.Applicalll'slRegistrant'sName&Address:LoneStarSpecialtyProducts,Ll,CP.O.Box247Product:Creosote-SolutionSignature54774NamcandTitleWalterG.TalarekAuthorizedAgent.MStreet,OLDDate4/4/1tu"UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460_perresponscthcInstructionsandcompletingthenccessaryforms.Sendcommentsregardingtheburdencstimateoranyotheraspectofthisto!Director,OPPEInformationManagcnlcntDivision(2137),U.S.EnvironmentalProtectionAgency,401MStreet,S.W.,Appticant'siRegistrant'sName&Addrcss;LoneStarSpecialtyProduets,LLCP.O.Bo:.:.247Product;CrcosoteSolutionSiguature63700NamcandTitlcWalterG.TalarekAuthorizedAgentDatc:4/4/IlUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460lindcompletingthenecessaryforms.Sendcomments.Director,OPPEInformationManagementDivision(2137),U.S.Applicllnt'sJRegistnlllt'sName&AddrcsslAmcStarSpecialtyProducts,LLCP.O.Box247Product:CreosoteSolutionSignatureNameandTitleWalterG.TaflirckAuthorizedAgcntAgcucyPAYPAYDlIIe:414/11UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S,W.WASHINGTON,D,C.20460poeandeompletingthelIeeessll.ryforms,Sendcommentsthebllrdento:Direetor,OPPEInformationManagementDivision(2137),U,S,Applieant'sJRegistrant'sName&Address:LoneStarSpeehdtyProduets,LLCP,O.Box247Product:CrcosoteSolutionSignatureNameundTitleWalterG,Tahl.rckAuthorizedAgcntAgency,Date:4/4/11FormdOMBNa..UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.illofiIDMe:AprU4,2011)tsendWASHINGTON,D.C.20460,IgburdenforthiscollectionofiuformationisI"__..______"__.L-,.._._••_.,_,.______._"to:DirectOl',OPPEDATAAPplicant'slReglstranfsName&LoneStarSpecialtyProducts,LLCP.O.Box247wneSignatureEPAForm8570·35(9-97)icandrapic.SubmitI:rvel'sion.'sperresponsefOl',-------"ugtheI.IRPA:82024-Prodnct:.CreosoteSolution.:saud0.25hoursper- ,,,-...,O"Ahtofthis,.v401M'>IIIPageSof5SubmitterStatusNote63700PAY63700PAY63700PAYNameandTitleWalterG.TalarekAuthorizedAgentAgencyInternalUseCopyDate:414111FormAppl'ovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460PaperworkReductionActNotice:Thepublicreportingburdenforthiscollectionofinformationisestimatedtoaverage0.25hoursperresponseforregistrlltionactivitieslind0.25hoursperresponseforreregislrationandspecialreviewactivities,includingtimeforreadingtheinstructionslindcompletingthenecessaryforms.SendenmlnentsregardiugtheburdenestimateoranyotherllSpectofthiscollectionofinformation,includingsuggestionsforreducingtheburdento:Director,OPPEInformationManagementDivision(2I37),U.s.EnvironmentalProtectionAgency,401MStreet,S.W.,Washington,DC20460.Dol'Iotsendtheformtothisaddress.DATAMATRIXDate:ApljI4,2011EPAReg.No.lFileSymbol:82024-Page1of2Applicant's/Registnlnt'sName&Address:LoneStarSpecialtyProducts,lLCProduct:Creosote-SolutionP.O.Box247LuneStar,TX75668Ingredient:CreosoteGuidelineReferenceNumberGuideliueStudyNameMRIDNumberSubmitterStatusNote830.1550Productidentityandcomposition82024OWN830.1600Descriptionofmaterialsusedtoproduceproduct82024OWN830.1620Descriptionofproductionprocess82024OWN830.1670Discussionoffonnationofimpurities82024OWN830.1700Preliminaryanalysis441412041456PAY441412051456PAY82024OWN830.1750Certifiedlimits82024OWN830.1800Enforcementanalyticalmethod441412041456PAY830.6300ReportsofmultiplephyS/chemcharacteristics441412051456PAY441412061456PAY830.6302ColorOpenLiterature830.6303Physicalstate4602700175341PAY830.6304OdorOpenLiterature830.6313StabilityOpenLiterature-830.6314Oxidation/reduction:chemicalreaction.NlA..-830.6315F1ammabi1iv.OpenLite,-ature·SignatureNameandTitleWalterG.Talarek·Date..AuthorizedAgent."'...11-<:'7[1..7.'::IQ_Q'71nlhQ.,,J..",,...'·FormApprovedOMBNo.2070-0060UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S,W.WASHINGTON,D.C.20460PapenvorkReductionActNotice:TbepublicreportingburdenfOl'thiscollectionofinformationisestimatedtoaverage0.25hoursperresponseforregistrationactivitiesand0,25hoursperresponseforreregistrationandspecialreviewactivitics,includingtimeforrendingtheinstructions audcompletingthenecessaryforms.Sendcommcntsregardingtheburdenestimateoranyotheraspectofthiscollectionofinformation,inctudingsuggestionsforreducingtheburdento:Director,OPPEInformationManagementDivision(2137),U.s.EnvironmentalProtcctionAgeney,401MStreet,S.W.,Washington,DC20460.Donotsendtheformtothisaddress,DATAMATRIX(ProductMSpecific)Date:AprilI,20llEPAReg.No.fFileSymbol:82024-Page2of2AppUcant's/Registrant'sName&Address:LoneStarSpecialtyProducts,LLCProduct:Creosote-SolutionP.O,Box247LoneStar,TX75668Ingredient:CreosoteGuidelineRcferenceNumberGuidelineStudyNameMUmNumbcrSubmitterStatusNote830.6316Exp10dabilityOpcnLiterature830.6317StorageStability4535620261483PAY830.6319MiscibilityN/A830.6320Corrosioncharacteristics4535620261483PAY830.6321DielectricbreakdownvoltageN/A830.7000pHOpenLiterature830.7100ViscosityOpcnLiterature830.7300Density/relativedensitylbulkdensity4602700175341PAY830.7520Particlesize,fiberlength,anddiameterPAYdistribution870.1100Acuteoraltoxicity4303230163700OLD870.1200Acutedermaltoxicity4303230263700OLD870.1300Acuteinhalationtoxicity4303230363700OLD870.2400Primaryeyeirritationrabbit4303230463700OLD870.2500Primarydermalirritation-rabbit4303230563700OLD870.2600Dermalsensitization4367530163700OLDSignatureyNameandTitleWalterG,TalarckDate:4/IIIlAuthol'i:7-cdAgentvluT.'__0.,.,,,100.,I"nA'__H'Aun,I"DnnA_..o_o'_H.••n"nhlQ_HI..Pnnu_..A_o'nHA""H_"..lITo"f'"""UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460completingthenecessaryrespollseestimoieoranyotheraspectto:Dircctor,OPPEInformationl\'fon!l.gementDivision(2137).ProtectionAgency,40iStrcct,S.W.,Applicant'slRegistrant'sNamc&Address:LoneStarSpeCialtyProducts,LLCP.O.Box247SignaturcI'rodllct:Creosotc-SotntionNameandTitleWaltcrG.TalarekAuthorizedAgentD\lte4/4111UNITEDSTATESENVIRONMENTALPROTECTIONAGENCY401MStreet,S.W.WASHINGTON,D.C.20460lheinstructionsandcompletingtheneecssaryforms.Sendcommentsregardingtheburdenestimateto!Direetor,OPPEInformationManagementDivision(2137),U.S.EnvironmentalProteetionAgeney,Applicant'sfReglstrant'sName&Address:LoneStarSpecialtyProducts,LLCP.O.Bo)(247Product:Creosote-SolutionSigllatureNameandTitleWalterG.TalarekAuthorizedAgentthisMStreet,S.W"Date:4flfllRESTRICTED USE PESTICIDE Due to chronic toxicity in animal 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-SOLUTION

FOR PRESSURE TREATMENT OF WOOD

Active Ingredient:
Coal Tar Creosote (AWPA P2)

............................................. . CAS No. 8001-59-9 Inert Ingredients

.......................................................................... . Total



## CAUTION 97.5%

2.5% 100.0%

See (side][back] panel for additional precautionary statements, First Aid and directions for us

EPA Reg. No. 82024-
EPA Est. No. 82024-TX-l

NET CONTENTS:

Manufactured by: Lone Star Specialty Products, Inc.
P.O. Box 247
lone Star, TX 75668 USA

FIRST AID , , > •


### ,

, 

## ,

, , , > ,

If in eyes • 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.

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

If swallowed • Call a 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.

If on skin or clothing • Take off contaminated clothing.

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

Pagelof6 Ii • Call a poison control center or doctor for treatment advice.

If inhaled • Move person to fresh air

• If person is not breathing, calf 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, call1-XXX-XXX-XXXX, [insert days of operation], [insert hours of operation]. After [insert time after which number is not available], call your poison control center at 1-800-222-1222. NOTE TO PHVSICIAN Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration pneumonia.

PRECAUTIONARY STATEMENTS HARDOUS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Causes moderate eye irritation. 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.

PERSONAL PROTECTIVE EQUIPMENT (PPE) All personnel handling treated wood or handling treating equipment (including poles/hooks used to retrieve charge cables) 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 cyUndergasketjequipment or working with
concentrate or wood treatment preservative 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 soles, and 

### * A full face shield.

In the event of equipment malfunction, or fordoor spacer placement, all personnel located within 1S feet of the cylinder opening prior to cylinder ventilation must wearthe 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 soles, 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.

Page 2 of6 

### ,USER SAFETY REQUIREMENTS**~Personnel** must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any other material contaminated with preservative at the treatment facility. -Follow manufacturer's 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 restrictions) are permitted.

USER SAFETY REQUIREMENTS**~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 dean clothing.

ENVIRONMENTAL HAZARDS
This product is toxic to aquatic organisms. 

### 00 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. 

### 00 not 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 the EPA.

DIRECTIONS FOR USE
It is a violation offederallaw to use this product in a manner inconsistent with its labeling.

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods for utility poles/cross arms, railroad 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 for the Pressure Treatment of Wood -Cylinder openings 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 charge 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

Page30f6held for an appropriate time period based on wood species, retention levels, and commodity treated to

remove excess preservative from the wood. -At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or any air moving device utilized in conducting the air purge must terminate into a containment vessel such

as a treating solution work tank or water/effluent tank -The ventilation process may be accomplished by one of the following methods: 1) activating an air purge system that operates while the cylinder door remains closed; or 2) using a device to open and hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the

vacuum pump. -If the second method is utilized, at the conclusion of the treatment, no personnel may be located within 15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. -In the event of equipment malfunction, or to place the spacer to hold the door open during venting, only personnel wearing specified PPE are permitted within 1S feet of the cylinder opening prior to ventilation. -After ventilation is complete, the cylinder door may be completely 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-half 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 (560 KPa) (adjusted for elevation) vacuum for a minimum of one and

one half 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 locking/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 applicable Federal, State and local regulations. Contaminated materials 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 UOS1 hazardous waste and must meet the treatment standards specified in 40 CFR 268 Subpart D. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a
Page 4 of 6violation of Federal Law. If these wastes cannot be disposed of by use according to label instructions,
contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative
at the nearest EPA Regional Office for guidance.

BATCH CODE

Supplemental Labeling for Creosote-Solution
EPA Reg. No. 82024-

Creosote (P2) 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 edition 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 Commodity Examples UC4A Posts, round,:v., and**~** round for highway construction (including guide, sign and sight) and farm fencing. UC4B Posts, round, :v., and**~** round for highway construction (including guardrail posts, spacer blocks) and for road salt/brine storage Posts, round, :v., and**~** round for building construction Round posts, for structural members in agricultural uses

AWPA Commodity Specification: Poles AWPA Use Category Commodity Examples UC 4A, 48, and 4C Utility poles (including laminated) Poles for highway and agricultural construction, lighting, building structural use Note: poles may be glued-or mechanically-laminated

AWPA Commodity Specification: Piling AWPA Use Category Commodity Examples
UC4C Foundation and Land & Fresh Water Piles

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

Page S of 6AWPA Use Category Commodity Examples UC SA, 58, and 5C 8ulkhead sheathing lumber/timbers use, including timbers, cross bracing, and highway construction Piles for marine applications Plywood for bridge and marine construction

AWPA Commodity Specification: Sawn Products AWPA Use Category Commodity Examples UC 1, 2, and 38 Guardrails for highway construction, including for golf course bridges meeting highway construction standards UC4A lumber/timber for highway construction, including for golf course bridges meeting highway construction standards Cross arms Fence rail (farm/agricultural only, round, X round, Y:i round) UC48 Highway bridge decking (above ground, structural, subject to critical/severe decay) Road salt/brine storage Highway construction materials, including cribbing, lighting Piles (structural support construction) Posts (sawn 4 sides) for highway construction, farm/agricultural use, spacer blocks, important building structural use Poles for structural building use lumber/timbers (5 inches or greater) for structural use; highway construction and cribbing; retaining walls for highway uses; residential/business building support lumber/ Timbers (2 x 8 inches 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 

# I 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. lammates can be glued or mechamcally fastened
Note: PSL '" parallel strand lumber, lVl '" laminated veneer lumber
Page6of6

# I RESTRICTED USE PESTICIDE Due to chronic toxicity in animal 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 Applicator's certification.



## CREOSOTE-SOLUTION

fOR PRESSURE TREATMENT Of WOOD

Active Ingredient:
Coat Tar Creosote (AWPA P2)

.............................................. 97.5%
CAS No. 8001-59-9
Inert Ingredients

........................................................................... 2.5%
Total 100.0%



## CAUTION

See (side][back] panel for additional precautionary statements, First Aid and directions for us

EPA Reg. No. 82024-
EPA Est. No. 82024-TX-l

NET CONTENTS:

Manufactured by:
Lone Star Specialty Products, Inc.
P.O. Box 247
Lone Star, TX 75668 USA , 

### ,

, ,

fiRST AID , , > , ,

If in eyes • 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.

If swallowed • Call a 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.

If on skin or clothing • Take off contaminated clothing.

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

Pagelof6 

# i I

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

If inhaled • Move person to fresh air

• If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible.

• Call a poison control center or doctor for further treatment advice. Have the product container or label with you when calling a poison control center or doctor, or going for
treatment. For emergency information on this product, call l-XXX-XXX-XXXX, [insert days of operation], ['Insert hours of operation]. After [insert time after which number is not available}, call your poison control center at 1-800-222-U22. NOTE TO PHYSICIAN Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration pneumonia.

PRECAUTIONARY STATEMENTS HARDOUS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Causes moderate eye irritation. Harmful jf 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.

PERSONAL PROTECTIVE EQUIPMENT (PPE) All personnel handling treated wood or handling treating equipment (including poles/hooks used to retrieve charge cables) 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 sales.

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 long pants, 

### * Chemical resistant gloves, 

## * Socks plus industrial grade safety work boots with chemical resistant sales, and '" A full face shield.

In the event of equipment malfunction, or fordoor spacer placement, all personnel located within 15 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 lnd ustrlal grade safety work boots with chemical resistant sales, and '" A properly fitting half mask elastomeric respirator with appropriate cartridges and/or filters.

Entry to confined spaces is regulated by Federal and/or State Occupational Safety and Health Programs. Compliance is mandated by law. Individuals who enter pressure treatment cylinders or other related equipment that is contaminated with the wood treatment preservative (e.g. cylinders that are not free of treatment preservative or preservative storage tanks) must wear protective clothing and/or equipment as required by Federal and/or State Occupational Safety and Health Compliance laws.

Page20f6 

# IUSER SAFETY REQUIREMENTS -Personnel must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any other material contaminated with preservative at the treatment facility. -Follow manufacturer's 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 restrictions) are ermitted.

USER SAFETY REQUIREMENTS -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 not 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 the EPA.

DIRECTIONS FOR USE
It is a violation of federal law to use this product in a manner inconsistent with its labeling.

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods for utility poles/cross arms, railroad 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 for the Pressure Treatment of Wood -Cylinder openings 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 charge 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

Page30f6held for an appropriate time period based on wood species, retention levels, and commodity treated to

remove excess preservative from the wood. -At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or any air moving device utilized in conducting the air purge must terminate into a containment vessel such

as a treating solution work tank or water/effluent tank -The ventilation process may be accomplished by one of the following methods: 1) activating an air purge system that operates while the cylinder door remains closed; or 2) using a device to open and hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the

vacuum pump. -if the second method is utilized, at the conclusion of the treatment, no personnel may be located within 15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. -In the event of equipment malfunction, or to place the spacer to hold the door open during venting, only personnel wearing specified PPE are pennitted within 15 feet of the cylinder opening prior to ventilation. -After ventilation is complete, the cylinder door may be completely 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-half 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 (560 KPa) (adjusted for elevation) vacuum for a minimum of one and

one half 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 locking/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 D!SPOSAL 00 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 applicable Federal, State and local regulations. Contaminated materials 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. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a
Page 4 of6violation of Federal Law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative at the nearest EPA Regional Office for guidance.

BATCH CODE

Supplemental Labeling for Creosote-Solution
EPA Reg. No. 82024-

Creosote (P2) 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 edition 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 Commodity Examples UC4A Posts, round, }} and 

### J4 round for highway construction (including guide, sign and sight) and farm fencing. UC4B Posts, round, }} and 

### J4 round for highway construction (including guardrail posts, spacer blocks) and for road salt/brine storage Posts, round, Y, and**~** 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-lam mated

AWPA Commodity Specification: Piling AWPA Use Category Commodity Examples UC4C Foundation and Land & Fresh Water Piles

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

Page 5 of 6AWPA Use Category Commodity Examples UC SA, 5B, and 5C Bulkhead sheathing lumber/timbers use, including timbers, cross bracing, and highway construction Piles for marine applications Plywood for bridge and marine construction

AWPA Commodity Specification: Sawn Products AWPA Use Category Commodity Examples UC 1, 2, and 3B Guardrails for highway construction, including for golf course bridges meeting highway construction standards UC4A lumber/timber for highway construction, including for golf course bridges meeting highway construction standards Cross anns Fence rail (farm/agricultural only, round, X round, Y2 round) UC4B Highway bridge decking (above ground, structural, subject to critical/severe decay) 

# I Road salt/brine storage Highway construction materials, including cribbing, lighting Piles (structural support construction) Posts (sawn 4 sides) for highway construction, farm/agricultural use, spacer blocks, important building structural use Poles for structural building use lumber/timbers (5 inches or greater) for structural use; highway construction and cribbing; retaining walls for highway uses; residential/business building support lumber/Timbers (2 x 8 inches 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 3B 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) UC 4C Composite (PSl & lVl) lumber highway structural use Members (laminates) for critical structural uses Note. laminates can be glued or mechanIcally fastened
Note: PSl '" paralJel strand lumber, lVl '" laminated veneer lumber
Page 6 of 6

## TABLE OF CONTENTS

1. Letter to Ms. Jacqueline McFarlane, Product Manager, Team 34, explaining the application 2. Voluntary Small Business Certification Form 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 Form 8570-1 9. Confidential Statement of Formula (CSF)

- Basic Formulation; EPA Form 8570-4 10. Certification 

### with Respect to Citation of Data; EPA Fonn 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



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### 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

Re: Application for Registration of Lone Star Specialty Products, Inc.'s Creosote Products

Dear Ms. McFarlane:

I hereby authorize Mr. Watter G. Talarek to act as Lone 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 prod ucts 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.

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### Sworn and subscribed before me**;~** 

### my presence by Mr. Chris Smith, President, the one Star Sp.,ecialty Products, Inc. on**MarchdJ~2011.**

physical I 6412 U.S. Hwy 259 South Lone Star, TX 75668-3102 mailing I P.O. Box 247 Lone Star, Texas 75668 main 1903.656,2536 toll 1800.256.2032 fax 1903.656.2151PRFORM9-11(MARCH2006)lillrn(illrnO!Jrn(ill)JFILESYMBOLREGISTRATIONNO.i?.:I0;).'-I-{CCONFIDENTIALSTATEMENTOFFORMULAENCLOSEDDATESUBMITTEDBY(......)SUBMITTEDAPPLICANTBASICSUPPLIERAPR-72011DoNotWriteComments,Formula,orParisofFormulaonThisEnvelopeNOTEItshallbeunlawful-foranypersontouseforhisownadvantageortoreveal,otherthantotheSecretary,orofficialsoremployeesoftheUnitedStatesDepartmentofAgricultureorotherFederalagencies,ortothecourtsInresponsetoasubpoena,ortophysicians,andInemergenciestopharmacistsandotherqualifiedpersons,fOruseInthepreparationofantidotes,Inaccordancewithsuchdirectionsasthesecretarymayprescribe,anyInformationrelativetoformulasofproductsacquIredbyauthorityofSection4ofthe"FederalInsecticide,Fungicide,andRodenticIdeAct.ffUSDA·AI