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 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 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 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 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 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 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 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 LOS ANGELES NEW YORK

PHILADELPHIA SAN DIEGO SAN FRANCISCO WASHINGTON D.C

Original Message

Frorn Boucher Michael

Sent Tuesday Septernber 02 2008 431 PM

To Edwards.Denniseparnail.epa.gov

Cc Sanders.Frankeparnail.epa.gov

Shackleford.Bettyeparnail epa gov Noble Velrnaepa.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 for water

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

Frorn Boucher 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 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