Apr 28 10 03:55p

s

DEPARTMENT OF

CROP AND

SOIL SCIENCES

Michigan Stale University

Plant and Soil seienees Bldg.

East Lansing, Ml

48824-1325

517 f355-0271

FAX: 517/353-5174

WIIIW.css.msu.edu

MSU is an IIffirmalive-;Jc/ion,

equal-oppurtunity Instim/ion.

p. 1

MICHIGAN STATE

UNIVERSITY

Joan Harrigan-Farrelly, Director, Antimicrobials Division

Office of Pesticide Programs,

U.S. Environmental Protection Agency

2777 South Crystal Dr., One Potomac Yard

Arlington, Virginia 22202

April 29,2010

Dear Ms. Harrigan-Farrelly;

I am writing to respond to Nalco's Aprill3, 2010 request that EPA ignore my March 25,

2010 submission. As a preliminary matter, I wish to clarify that my March 2S letter was compelled

by Nalco's misrepresentation of my published work. Specifically, Nalco enclosed with its March 18,

2010 comments to EPA both a full copy of my 55-page presentation "Adjuvants: Principles and

Uses" and the first page of a 1995 Weed Science article for which I am a co-author. Noth ing

presented by Nalco in its April 13 letter leads me to reconsider my original rejection ofNalco's

reliance on my work

Nalco's April 13 letter does not address its earlier effort to use my work. Instead, Nalco now

questions the relevance of my expertise. I am fully competent to assess the elementary chemistry

issues raised by Na1co in this matter, and I have already provided my Curriculum Vitae to EPA for

review in that regard.

Nalco also takes issue with my conclusion that NaJco's unregistered ammonium sulfate and

urea products are not adjuvants. Yet Nalco now openly acknowledges the formation of covalent

bonds "between chlorine and ammonia or urea, resulting in the formation of monochloramine and

chlorourea" prior to treatment of its customers' process waters. The formation of such bonds

confirms that Nalcos products are used as reactants, and cannot be adjuvants.

The remainder ofNalco's arguments are of no merit, as they are all based on Nalcos

fundamentally erroneous assumption that the term "adjuvant" is broad enough to include chemical

reactants. I must, however. address the following misrepresentations of fact made in Nalco's .

submission:

• Nalco misrepresents my experience as being related to "the reaction between glyphosate and

products such as ammonium sulfate that result in a chemical change to the glyphosate

molecule," As previously indicated, when used as an agricultural adjuvant, ammonium

sulfate does not chemically react with glyphosate to form a covalent bond.

• NaJC0 states that there "is no 'reaction tank' involved" in its biocide application process and

that'v[ajll mixing occurs in-line." Yet at the parties' February 16.2010 meeting with EPA"

Nalco's representative, Stuart Passantino, explained:

Apr 29 10 03: 55p

sDEPARTMENT OF

CROP AND

SOIL SCIENCES

Michigan Staie University

Plant and Soil Sciences Bldg.

East Lansing, Mi

48824-1325

517/35-0271

FAX: 517/353-5174

Vf.css.msu.edu

MSU is an affrmalive..clion,

equal-opportity institution.

p. 1

MICHIGAN STATE UNIVERSITY

Joan Harigan-Farrelly, Director, Antimicrobials Division

Offce of Pesticide Programs,

U.S. Environmental Protection Agency

2777 South Crystal Dr., One Potomac Yard

Arlington, Virginia 22202

April 29, 2010

Dear Ms, Harrigan-Farrelly:

1 am writing to respond to Nalco's April 13,2010 request that EPA ignore my March 25,

2010 submission, As a preliminary matter, I wish to clarifY that my March 25 letter was compelled

by NaZca's misrepresentation of my published work. Specifically, Nalco enclosed with its March 18,

2010 comments to EPA both a full copy of my 55-page presentation "Adjuvants: Principles and

Uses" and the first page of a 1995 Weed Science aricle for which I am a co-author. Nothing

presented by Nalco in its April 13 letter leads me to reconsider my original rejection ofNalco's

reliance on my work.

NaIco's April 13 letter does not address its earlier effort to use my work. Instead, Nalco now

questions the relevance of my expertise, 1 am fully competent to assess the elementa chemistr

issues raised by Nalco in this mattr, and I have already provided my Curriculum Vitae to EPA for

revie", in that regard,

Nalco also takes issue with my conclusion that NaIco's unregistered ammonium sulfate and

urea products are not adjuvants. Yet Nalco now openly acknowledges the formation of covalent

bonds "between chlorine and ammonia or urea, resulting in the formation of monochloramine and

chlorourea" prior to treatment of its customers' process waters. The formation of such bonds

confirms thøJ ~aIco's product; are used as reactants, and cannot be adjuvants,

Thc remainder ofNalco's arguments are of no merit, as they are all based on Nalco's

fundamentally erroneous assumptiol' that the term "adjuvant" is broad enough t(i include chemical

reactants. I must, however. address t.he following misrepresentations of fact made in Nalco's .

submission:

. Nalco misrepresents my experience as being related to "the reaction between glyphosate and

products such as ammonium sulfate that result in a chemical change to thc glyphosate

molecule." As previously indicated, when used as an agricultural adjuvant, ammonium

sulfate does not chemically react with gZyphosale 10 form a covaZem bond,

. Nalc0 states that there "is no 'reaction tank' involved" in its biocide application process and

that"(aJII mixing occurs in-line." Yet at the paries' Februar J 6,2010 meeting with EPA,

Nalco's representative, Stuart Passantino, explained:
Apr 29 10 03:551" 1".2

... we take the EPA~registered sodium hypochlorite with the pH buffer

through our proprietary piece of equipment. We mix it. We add the

halogen stabilizer. We mix it again. And we push it with carrier water

into our customers' process.

Meeting Transcript, at P: 64. Nalco's process, whether it occurs with a segment of a

"feed line" or otherwise, is directly analogous to use of a reaction tank. The critical fact is

that the chemicals are being reacted together to generate chloramine or chlorouorea prior to

application of the pesticide. It is this newly generated chloramine or chlorourea - not

sodium hypochlorite -- that is then "pushed" into Nalcos customers' process waters. As

explained in my March 25 letter. such pre-mixing is fundamentally inconsistent with the

use of agricultural adjuvants, which must be added to a tank mix.

• Nalco acknowledges that the ASTM definition for adjuvants represents "the available

standard for agrichemical adjuvants" while disputing EPA's reliance on the same

definition. However, at the 30th Symposium on Pesticide Formulations and Delivery

Systems (hosted by the ASTM International Committee E35 on October 20, 2009), EPA

Office of Pesticides Program's Inerts Ingredient Assessment Branch Chief Dr. P. V. Shah

expressly relied on the definition of adjuvants provided by ASTM E~159, Publication of

Dr. Shah's presentation is forthcoming.

• Nalcos assertion that there is "no regulatory definition for adjuvants" ignores EPA's

longstanding regulation describing adjuvants as those "[cjompounds which function simply

to enhance or pro long the activity of an active ingredient by physical action .... " 40

C.F .R. § 153.125(a)(2).

• Nalco falsely charges that Ihave "not been made aware of the materials presented at the

February 16 meeting, the scope of the issues, the regulatory background, history and

implications, and the set of issues that Nalco has presented." As first noted in my March

25 Jetter, I have reviewed Nalco's full February 16 presentation and remarks to EPA, as

well as prior Nalco submissions to EPA regarding its two unregistered products.

Thank you once again for your attention. If you have any questions, please let me

know.

Sincerely,

~\

Donald Penner, Ph.D.

Professor, Dept. of Crop and Soil Sciences

Michigan State University

Apr 29 10 03: 55p p.2

. , . we take the EPA-registered sodium hypochlorite with the pH buffer

through our proprietar piece of equipment. We mix it. We add the

halogen stabilizer, We mix it again. And we push it with carrier water

into our customers' process.

Meeting Transcript, at,p. 64. Nalco's process, whether it occurs with a segment of a

"feed line" or otherwise, is directly analogous to use of a reaction tank. The critical fact is

that the chemicals are being reacted together to generate chloramine or chlorouorea prior to

application of the pesticide, It is this newly generated chloramine or chlorourea - not

sodium hypochlorite -- that is then "pushed" into Nalco' s customers' process waters, As

explained in my March 25 letter, such pre-mixing is fundamentally inconsistent with the

use of agricultural adjuvants, which must be added to a tank mix.

. Nalco acknowledges that the ASTM definition for adjuvants represents "the available

standard for agrichemical adjuvants" while disputing EPA's reliance on the same

definition, However, at the 30th Symposium on Pesticide Formulations and Delivery

Systems (hosted by the ASTM International Committee E35 on October 20, 2009), EPA

Offce of Pesticides Program's Inerts Ingredient Assessment Branch Chief Dr. P, V. Shah

expressly relied on the definition of adjuvants provided by ASTM E-159. Publication of

Dr, Shah's presentation is forthcoming.

. Nalco's assertion that there is "no regulatory definition for adjuvants" ignores EPA's

longstanding regulation describing adjuvants as those "(cJompounds which function simply

to enhance or prolong the activity of an active ingredient by physical action. , . ," 40

C.F ,R, § 153.125(a)(2),

. Nalco falsely charges that I have "not been made aware ofthe materials presented at the

Februar 16 meeting, the scope oftlie issues, the regulatory background, history and

implications, and the set of issues that Nalco has presented." As first noted in my March

25 letter, 1 have reviewed Nalco's full February 16 presentation and remarks to EPA, as

well as prior Nalco submissions to EPA regarding its two unregistered products,

Thank you once again for your attention. If you have any questions, please let me

know.

Sincerely,

~\

Donald Penner, Ph,D.

Professor, Dept. of Crop and Soil Sciences

Michigan State University