# BEVERIDGE & 

# &DIAMONDY
Karen M. Hansen 1350 I Street, NW. Suite 700 Washington, D.C. 20005-3311 Direct: (202) 789-6056 Fox: (202) 789-6190 khansen@bdlaw.com August 3,2009


### VIA ELECTRONIC AND U.S. MAIL Debra Edwards, Ph.D., Director

Office of Pesticide Programs (7501P) U.S. Environmental Protection Agency One Potomac Yard 2777 S. Crystal Drive, Room S-12622 

### Arlington, Virginia 22202

Re: Receipt of EPA's July 23,2009 Letter
Dear Dr. Edwards: 

### Thank you for your letter, dated July 23,2009, acknowledging EPA's receipt of

Ashland's submissions to the Office of Pesticide Programs and the Office of Enforcement and 

### Compliance Assurance regarding Nalco's sale and distribution ofumegistered ammonia and urea biocide products in the pulp and paper industry. Ashland welcomes the opportunity to participate in the process EPA has defined to ensure compliance with FIFRA and fairness in the marketplace with respect to these products.

We are also in receipt of your correspondence to counsel for Buckman dated July 23, 

### 2009. Ashland agrees with EPA that time is of the essence in addressing the serious concerns raised in this matter, and we agree it is important to keep this process moving in accordance with 

### the timeframe identified in the Agency's May 27, 2009 letter. It is our understanding that EPA has received all materials from Ashland and Nalco, along with Buckman's July 6, 2009 

### submission. Ashland's June 30, 2009 and subsequent submissions were copied directly to counsel for Nalco and Buckman, so they have these materials already. Ashland suggests that, in order to avoid further delay, EPA proceed to circulate to all parties the materials that have 

### already been provided by Nalco, Buckman and Ashland in response to EPA's May 27,2009 

### request. We also suggest that, since EPA and the parties are now well-informed about each party's position on the FIFRA issues that have been raised, the Agency should promptly advise the parties of any additional comment period and at the same time continue to advance its own 

### review of the issues. This wil help achieve the expedited review envisioned by EPA's May 27th letter and allow the Agency to reach clear and firm decisions in this matter as promptly as possible.

Washington, D.C. Maryland New York Massachusetts New Jersey Texas California

## BEVERIGE&DIAONDpc

Debra Edwards, Ph.D., Director August 3, 2009 Page 2We also noted that your July 23, 2009 letters briefly mention the parties' interest in EPA enforcement against the ongoing sale and distribution of umegistered ammonia for "water 

### treatment." To clarify, Ashland seeks action from the Agency only for umegistered pesticide products that are used in industrial applications in the pulp and paper industry. As detailed in our June 30, 2009 submission, Ashland does not believe the Agency needs to determine in the current proceeding whether ammonia-based products used for other water treatment purposes must be registered under FIFRA. For this reason, EPA need not delay decision making on the industrial products based on the umelated drinking water concerns that have been raised by other parties.

, Finally, we wish to renew Ashland's request to meet with EPA to discuss Ashland's

proprietary analyses of 

### urea-hypochlorite chemistry. Ashland wishes to ensure that it has done everything it can to facilitate EPA's scientists having a complete opportunity to assess the scientific basis for these analyses and to address any questions EPA may have about this 

### technical information. At the same time, Ashland could address questions EPA may have, if

any, about the proprietary nature of the information and the importance of maintaining its confidentiality. On behalf of Ashland, we appreciate the time and focused attention you and the Agency 

### are giving these matters. Please contact me if you have any questions.



# B)C'

Karen M. Hansen
cc: Joan Harigan Farrelly Dennis Edwards Philip J. Ross, Esq. Don Lott Rosemarie Kelley Michael Boucher, Esq. Seth Goldberg, Esq. Kristina Woods, Esq.

1274807v2 Washington 013421