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 2

We 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