# From Boucher Michael 

# Sent Tuesday September 

# 23 2008 

# 629

# PM

# GMT To Ross.Philipepamail.epa.gov 

# Cc Shackleford.Bettyepamail epa.gov 

# Edwards.Dennisepamail.epa.gov Noble.Velmaepa.gov Boucher Michael 

# mbouchermckennalong 

# com Subject 

# Buckman Laboratories 

## Inc--Copies to 

## Nalco

Dear Phil

In response to

### yourquestion 

### 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 

# EPAfrom 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 

# EPAregarding 

### Nalcos pending petition 

## Buckmans pending petition or any related issue 

### Forthese reasons 

## Buckman did not understand that it

### had any obligation in this matter otherthan to 

### communicate directly with

# EPAwho would further distribute orpublish 

## 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 if 

## Buckman 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 

### meetingonly if

### Nalco and

# MrGoldberg are invited to attend 

### which would turn the meeting into hearing before the

## Agency please let

## meknow Buckman appreciates 

# EPAs difficult position in this 

### case the

# ADs many competing 

## demands and the complexity of the issues surrounding the registration of

### ammonia forwater 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 forwater 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 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 LOSANGELES 

# NEW YORK PHILADELPHIA 

# SAN DIEGO

# SAN FRANCISCO 

# WASHINGTON D.C

Original 

### Message 

## From Ross.Philipepamail.epa.gov Ross.Philip@epamail.epa

## gov Sent Tuesday September 

## 23 2008 

## 1258

# PM To Boucher Michael 

# Cc Shackleford.Bettyepamail.epa 

## gov Edwards.Dennisepamail.epa.gov Boucher Michael Noble 

## Velmaepa.gov Subject 

# ReBuckman 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

# EPAon 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 yourcolleagues in the Antimicrobial Division to discuss the substance of

## Buckmans petition In 

### August following 

# my initial meeting request understood that 

### you were looking forpossible meeting dates 

### and would be responding to

## me with suggestions but never heard anything further

### fromyou 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 

### problemsassociated 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

### yourconvenience Thank 

## you Dennis Sincerely

### Michael Boucher Counsel to 

### Buckrnan 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 LOSANGELES 

# NEW YORK PHILADELPHIA 

# SAN DIEGO SAN FRANCISCO 

# WASHINGTON D.C

Original 

### Message FrornBoucher Michael Sent Tuesday Septernber 

## 02 2008 

## 431 

# PM To Edwards.Denniseparnail.epa.gov 

# Cc Sanders.Frankeparnail.epa.gov Shackleford.Bettyeparnail epa

# gov NobleVelrnaepa.gov Ross.Philipeparnail.epa.gov Boucher Michael Subject 

# RE Petition 

### on behalf of

## Buckman Laboratories 

### Inc

Dear Dennis Attached is slightly arnended version of 

### Buckrnans petition 

### added rnissing 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 arnrnonia forwater treatrnent 

### Thank 

## you Michael Boucher Counsel to 

### Buckrnan Laboratories 

### Inc Michael Boucher 

## McKenna Long Aldridge 

## LLP 1900 Street 

# NW Suite 100 

### Washington 

# DC 20006-1110 

# 202 496-7729 -7756 

# fax e-rnail 

### rnboucherrnckennalong.corn

Original 

### Message FrornBoucher Michael

### Sent Tuesday September 

## 02 2008 

## 221 

# PM To Edwards.Dennisepamail.epa.gov 

# Cc Sanders.Frankepamail.epa.gov Shack1eford.Bettyepamai1.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 

# EPAimmediately prohibit any further distribution or sale of unregistered 

### ammonia forwater treatment 

### Thank you for

### yourconsideration 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 

# EPAReg 

# No 1448-43



### Dear

# Mr Boucher 

## On June 

## 25 2008 you sent letter to the

### Agency concerning petition filed 

### on behalf of

# NALCOconcerning the

### Agencys approval of

### your client 

## Buckman Laboratories Inc.s applications forregistration 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 

# NALCOconcerning its petition 

## You also asked for 

### copy of an interim response that the

### Agency sentto

# 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 

# NALCOconcerning 

### 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

# NALCOwhich 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

# NALCOcounsels firm

### which pertained only to the

### need for review of various 

### documents forconfidential 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

# NALCOto 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 

# AmmoniaCompound 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

# NALCOdated February 

## 2008 concerning its petition It is contained in the file 

### named 

# NALCOresp 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 Emailexchanges 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

# EPArepetition 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