From Ross.Philipepamail.epa.gov

Sent Tuesday September 23 2008 643 PM GMT

To Boucher Michael mbouchermckennalong com

Cc Shackleford.Bettyepamail epa.gov Edwards.Dennisepamail.epa.gov Boucher

Michael mbouchermckennalong .com Noble.Velmaepa.gov

Subject Re Buckman Laboratories Inc--Copies to Nalco

Michael

Thanks for your reply Ill review it closely and discuss it with my

client

In the interim regarding your apparent confusion over the Agencys

earlier request that you provide NALCOs counsel with copies of your

communications about this matter with the Agency direct your

attention to the now-bolded and enlarged text at the end of the email

from Dennis Edwards which he sent you on July 10 2008 and by which he

provided you with numerous attached documents As you know that copy

of that email and its attachments was sent to counsel for NALCO

Thank you for your attention to this matter

Phil Ross

Philip Ross

United States Environmental Protection Agency

Office of General Counsel

Pesticides and Toxic Substances Law Office

202-564-5637

Boucher

Michael

mboucher@mckenn To

along.com Philip Ross/DC/USEPA/US@EPA

cc

09/23/2008 0229 Betty

PM Shackleford/DC/USEPA/US@EPA

Dennis Edwards/DC/USEPA/US@EPA

Velma Noble/DC/USEPA/US@EPA

Boucher Michael

mbouchermckennalong com

Subject

Buckman Laboratories

Inc--Copies to Nalco
Dear Phil

In response to your question below do not recall seeing Denniss

original request to send anything to Seth Goldberg and have not done

so Please accept my apology with the following explanation

Buckman was not copied on any of the substantial correspondence

between Nalco and EPA from October 2007 to July 2008 and ultimately

received such correspondence only after discovering of its existence by

accident and making formal request to EPA Since then Buckman has

received no indication from EPA that the initial exclusion of Buckman

from Nalcos correspondence with EPA about Buckmans ammonia

registration was improper and Buckman also has received no assurance

from Nalco or EPA that Buckman will be copied on Nalcos future

correspondence with EPA regarding Nalcos pending petition Buckmans

pending petition or any related issue For these reasons Buckman did

not understand that it had any obligation in this matter other than to

communicate directly with EPA who would further distribute or publish

Buckmans correspondence with EPA as appropriate in accordance with

FIFRA 10

Buckman does not object to EPAs sharing copy of Buckmans revised

petition with Nalco even though this same courtesy was not extended to

Buckman am not comfortable however to commit Buckman to copying

Nalco on all of Buckmans future correspondence with EPA in this matter

unless and until Buckman has Nalcos commitment to do likewise In

other words ifBuckman will be required to copy Nalco on all future

correspondence with EPA in this matter Nalco must have parallel

obligation of equal scope Furthermore with respect to Buckmans

pending meeting request if the Antimicrobial Divisions ADs plan

will be to allow Buckman face-to-face meeting only if Nalco and Mr

Goldberg are invited to attend which would turn the meeting into

hearing before the Agency please let me know

Buckman appreciates EPAs difficult position in this case the ADs many

competing demands and the complexity of the issues surrounding the

registration of ammonia for water treatment Buckman looks forward to

meeting with the AD to help address such issues and to obtaining final

registration policy on ammonia for water treatment that is fair to

Buckman protective of human health and the environment and consistent

with EPAs existing registration of Buckmans ammonia for water

treatment

Sincerely

Michael Boucher

Counsel to Buckman Laboratories Inc

McKENNA LONG ALDRIDGE LLP Attorneys at Law
Michael Boucher

Tel 202 496-7729

Fax 202 496-7756

Cell 202 306-1645

mbouchermckennalong corn

1900 Street NW Suite 100

Washington D.C 20006-1102

United States of Arnerica

Tel 202 496-7500

http //www.rnckennalong corn

ALBANY ATLANTA BRUSSELS DENVER LOS ANGELES NEW YORK

PHILADELPHIA SAN DIEGO SAN FRANCISCO WASHINGTON D.C

Original Message

Frorn Ross.Philipeparnail.epa.gov Ross.Philipeparnail.epa gov

Sent Tuesday Septernber 23 2008 1258 PM

To Boucher Michael

Cc Shackleford.Bettyeparnail.epa gov Edwards.Denniseparnail.epa.gov

Boucher Michael Noble Velrnaepa.gov

Subject Re Buckrnan Laboratories Inc--Meeting request

Michael

Did you send Seth Goldberg counsel for NALCO copy of your Septernber

petition and this follow-up ernail believe in an earlier

cornrnunication this surnrner Dennis Edwards requested that you do so when

sending us anything related to this rnatter

Please advise

Thank you

Phil Ross

Philip Ross

United States Environrnental Protection Agency Office of General Counsel

Pesticides and Toxic Substances Law Office

202-564-5637

Boucher

Michael

rnboucher@rnckenn To

along.corn Dennis Edwards/DC/USEPA/US@EPA

cc

09/23/2008 1217 Betty

PM Shackleford/DC/USEPA/US@EPA

Velrna Noble/DC/USEPA/US@EPA

Philip Ross/DC/USEPA/US@EPA

Boucher Michael
mbouchermckennalong corn

Subject

Buckman Laboratories

Inc --Meeting request

Dear Dennis

Following our electronic submission of the attached petition to EPA on

September 2008 would like to respectfully renew request on

behalf of our client Buckman Laboratories Inc Buckman for

face-to-face meeting at OPP in Arlington with you Phil Ross and your

colleagues in the Antimicrobial Division to discuss the substance of

Buckmans petition In August following my initial meeting request

understood that you were looking for possible meeting dates and would be

responding to me with suggestions but never heard anything further

from you with respect to meeting Now that there is something

concrete and detailed to discuss namely the attached petition am

hoping that you will be able to suggest date or dates to meet with me

and representatives of Buckman to discuss the serious problems

associated with the ongoing distribution and sale of unregistered

ammonia for water treatment thank you for your kind consideration of

this meeting request and look forward to reply at your convenience

Thank you Dennis

Sincerely

Michael Boucher

Counsel to Buckman Laboratories Inc

McKENNA LONG ALDRIDGE LLP Attorneys at Law

Michael Boucher

Tel 202 496-7729

Fax 202 496-7756

Cell 202 306-1645

mbouchermckennalong com

1900 Street NW Suite 100

Washington D.C 20006-1102

United States of America

Tel 202 496-7500

http//www.mckennalong.com

ALBANY ATLANTA BRUSSELS DENVER LOS ANGELES NEW YORK

PHILADELPHIA SAN DIEGO SAN FRANCISCO WASHINGTON D.C

Original Message

From Boucher Michael

Sent Tuesday September 02 2008 431 PM

To Edwards.Dennisepamail.epa.gov

Cc Sanders.Frankepamail.epa.gov
Shackleford.Bettyepamail epa gov Noble Velmaepa.gov

Ross.Philipepamail.epa.gov Boucher Michael

Subject RE Petition on behalf of Buckman Laboratories Inc

Dear Dennis

Attached is slightly amended version of Buckmans petition added

missing citation on page and fixed one typographical error on page 13

look forward to discussing with you what EPA can do to resolve the

outstanding registration issues surrounding ammonia for water treatment

Thank you

Michael Boucher

Counsel to Buckman Laboratories Inc

Michael Boucher

McKenna Long Aldridge LLP

1900 Street NW Suite 100

Washington DC 20006-1110

202 496-7729 -7756 fax

e-mail mbouchermckennalong.com

Original Message

From Boucher Michael

Sent Tuesday September 02 2008 221 PM

To Edwards.Dennisepamail.epa.gov

Cc Sanders.Frankepamail.epa.gov Shackleford.Bettyepamail.epa gov

Noble Velmaepa.gov Ross.Philipepamail.epa.gov Boucher Michael

Subject Petition on behalf of Buckman Laboratories Inc

Dear Dennis

Attached is petition that we are filing on behalf of our client

Buckman Laboratories Inc under section 553e of the Administrative

Procedures Act U.S.C 553e The petition requests that EPA

immediately prohibit any further distribution or sale of unregistered

ammonia for water treatment

Thank you for your consideration of Buckmans petition We will

telephone you to learn how EPA will handle and process the petition

Sincerely

Michael Boucher

Counsel to Buckman Laboratories Inc

Michael Boucher

McKenna Long Aldridge LLP

1900 Street NW Suite 100

Washington DC 20006-1110
202 496-7729 -7756 fax

e-mail mbouchermckennalong.com

Original Message

From Edwards.Dennisepamail.epa.gov

gov

Sent Thursday July 10 2008 510 PM

To Boucher Michael

Cc Sanders.Frankepamail.epa.gov Shackleford.Bettyepamail.epa gov

Noble Velmaepa.gov Ross.Philipepamail.epa.gov SGoldbergsteptoe com

Subject Petition to Cancel Registration of BusanR 1215 EPA Reg No

1448-43

Dear Mr Boucher

On June 25 2008 you sent letter to the Agency concerning petition

filed on behalf of NALCO concerning the Agencys approval of your client

Buckman Laboratories Inc.s applications for registration of two

ammonia products as pesticides NALCO in its petition has asked the

Agency to reconsider its approval of those registrations and has raised

questions about the status of ammonia products as pesticides when used

in combination with chlorine treated water In your letter among other

things you have asked for copy of the petition as well as any

correspondence between the Agency and NALCO concerning its petition

You also asked for copy of an interim response that the Agency sent to

NALCO after receiving its petition This email responds to those

requests for documents only and is not addressing at this time any other

statements or requests that you have included in your letter

In filling your request we are providing you with the documents which

constitute the petition and support documents as well as subsequent

correspondence between the Agency and NALCO concerning some questions

the Agency has had as of this point about NALCOs petition and support

documents We are also providing you with copy of the Agencys

interim response to NALCO which you specifically asked about in your

letter Additionally since we are sending copy of this email and the

attachments to counsel for NALCO we are including your letter to Frank

Sanders dated June 25 2008 as well as some email exchanges between you

and Agency counsel on this matter Please note that we are not

including email exchanges that Agency staff had with NALCO counsels

firm which pertained only to the need for review of various documents

for confidential business information and subsequent redactions The

documents you are being provided have been reviewed and redacted as

appropriate to remove any confidential business information The

following documents are being provided to you

December 2007 email from Seth Goldberg to Debbie Edwards It is

contained in the file named 12-4-07 email to EPA.Redacted

See attached file 12-4-2008 email to EPA.Redacted.pdf
December 2007 request from NALCO to reconsider It is contained

in the file named Redacted Request to Reconsider Ammonia Registration

See attached file Redacted Request to Reconsider Ammonia

Registration.pdf

October 31 2007 email from Seth Goldberg to Debbie Edwards It is

contained in the file named 10-31-07 email redacted

See attached file 10-31-07 email redacted.PDF

An attachment to the October 31 2007 email from Seth Goldberg

concerning ammonia It is contained in the file named Ammonia Compound

Briefing Paper REDACTED

See attached file Ammonia Compound Briefing Paper REDACTED.PDF

product label for 1448-432 MUP that was attached to the October

31 2007 Goldberg email It is contained in the file named 1448-432

MUP

See attached file 1448-432 MUP.pdf

product label for 1448-43 EP that was attached to the October

31 2007 Goldberg email It is contained in the file named 1448-433

EP

See attached file 1448-43 EP.pdf

The Agencys interim response to NALCO dated February 2008

concerning its petition It is contained in the file named NALCO resp

ltr 2.7.08

See attached file Nalco resp ltr 2.7.08.pdf

Email correspondence from Brown with Steptoe which is NALCOs

counsel dated June 26 2008 It is contained in the file named Brown

Steptoe to Holmes email 6-26-2008

See attached file Brown Steptoe to Holmes email 6-26-2008.pdf

Email exchanges involving Brown Steptoe and Holmes They are

contained in the file named Email to Brown and 7-7-2008 reply

See attached file Email to Brown and 7-7-2008 reply.pdf
10 July 2008 Ammonia Supplemental Information provided to the Agency

by Brown Steptoe It is contained in the file named 7-7-2008 Ammonia

supplemental information

See attached file 7-7-2008 Ammonia supplemental information.pdf

11 Email exchanges between Ross Agency counsel in this matter and

Boucher counsel for Buckman Laboratories Inc. They are contained in

the file named Ross-Boucher-email-exchanges-ammonia

See attached file Ross-Boucher-email-exchanges-ammonia.pdf

12 Boucher letter to Frank Sanders dated June 25 2008 It is

contained in the file named Letter to EPA re petition to cancel Busan

1215

See attached file Letter to EPA repetition to cancel Busan 1215.pdf

Should you have any questions please direct them in writing to me with

copy to Philip Ross in our Office of General Counsel You should

also provide copy of any correspondence pertaining to this matter to

counsel for NALCO

Sincerely

Dennis Edwards Chief

Regulatory Management Branch

Antimicrobials Division

703 -308-8087

CONFIDENTIALITY NOTICE

This e-mail and any attachments contain information from

the law firm of McKenna Long Aldridge LLP and are

intended solely for the use of the named recipient or

recipients This e-mail may contain privileged

attorney/client communications or work product Any

dissemination of this e-mail by anyone other than an

intended recipient is strictly prohibited If you are not

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immediately and permanently delete the e-mail any

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