From Ross.Philipepamail.epa.gov

Sent Tuesday September 23 2008 458 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--Meeting request

Michael

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

petition and this follow-up email believe in an earlier

communication this summer Dennis Edwards requested that you do so when

sending us anything related to this matter

Please advise

Thank you

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 Dennis Edwards/DC/USEPA/US@EPA

cc

09/23/2008 1217 Betty

PM Shackleford/DC/USEPA/US@EPA

Velma Noble/DC/USEPA/US@EPA

Philip Ross/DC/USEPA/US@EPA

Boucher Michael

mbouchermckennalong com

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.Frankeparnail.epa.gov Shackleford.Bettyepamail.epa gov

Noble Velmaepa.gov Ross.Philipeparnail.epa.gov SGoldbergsteptoe corn

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

arnrnonia 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 arnrnonia products as pesticides when used

in cornbination with chlorine treated water In your letter arnong 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 interirn response that the Agency sent to

NALCO after receiving its petition This ernail responds to those

requests for docurnents only and is not addressing at this tirne any other

staternents or requests that you have included in your letter

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

constitute the petition and support docurnents as well as subsequent

correspondence between the Agency and NALCO concerning sorne questions

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

docurnents We are also providing you with copy of the Agencys

interirn response to NALCO which you specifically asked about in your

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

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

Sanders dated June 25 2008 as well as sorne ernail exchanges between you

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

including ernail exchanges that Agency staff had with NALCO counsels

firrn which pertained only to the need for review of various docurnents

for confidential business inforrnation and subsequent redactions The

docurnents you are being provided have been reviewed and redacted as

appropriate to rernove any confidential business inforrnation The

following docurnents are being provided to you

Decernber 2007 ernail frorn Seth Goldberg to Debbie Edwards It is

contained in the file narned 12-4-07 ernail to EPA.Redacted

See attached file 12-4-2008 ernail to EPA.Redacted.pdf

Decernber 2007 request frorn NALCO to reconsider It is contained

in the file narned Redacted Request to Reconsider Arnrnonia Registration

See attached file Redacted Request to Reconsider Arnrnonia

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

named recipient you are prohibited from any further

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use of the e-mail or attachments If you believe you have

received this e-mail in error notify the sender

immediately and permanently delete the e-mail any

attachments and all copies thereof from any drives or

storage media and destroy any printouts of the e-mail or

attachments

Amended petition.pdf deleted by Philip Ross/DC/USEPA/US