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

MSUis 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 byNalco'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



# s

DEPARTMENT 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 itoccurs with a segment of a "feedline" 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