From Boucher Michael

Sent Monday October 27 2008 914 PM GMT

To Ross.Philipeparnail.epa.gov

Cc Edwards.Dennis@eparnail.epa.gov Boucher Michael rnboucherrnckennalong corn

Subject RE Response to your voice rnail and ernail cornrnunications

Dear Phil

Thank you for your reply below will confer with Buckman and respond to your questions promptly appreciate your update

Should copy Seth Goldberg on the further reply that we send to you ask only because Seth does not appear to be copied on your

message below

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

mboucher@mckennalong.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.Philip@epamail.epa.gov Ross.Philip@epamail.epa gov

Sent Monday October 27 2008 505 PM

To Boucher Michael

Cc Edwards.Dennisepamail.epa.gov

Subject Response to your voice mail and email communications

Dear Michael

am sending you this email in response to your recent phone and email communications am covering several items in it that pertain

to the petition you have submitted to the Agency concerning your clients ammonia product-related concerns

The Agency is in the process of examining the documents submitted to date on this matter Should the Agency need any further

materials from you or clarification of anything you have submitted we will contact you

You recently requested that the Agency schedule meeting with you and your client This was done around the same time that you

filed petition with the Agency concerning NALCO and its ammonia product marketing It was not clear from your request what the

purpose of the meeting would be especially given your submission of petition to the Agency Please let us know at your
convenience in writing what you would envision covering at such meeting why you believe such meeting is needed at this time

given your recent petition submission and the attendees you would envision accompanying you to such meeting

Please bear in mind that if there are any additional matters you would wish the Agency to consider in its review of your petition the

Agency would need to receive such material or information in writing so it can be part of the materials considered as part of the

petition With that in mind it is not clear what purpose meeting would serve at this time

As you know the Agency will be providing NALCOs counsel with copies of all materials that comprise your petition and any

communications with you such as this email and others concerning the matters related to your petition The Agency intends to do so

in timely manner draw your attention to previous request made to you by Dennis Edwards of the Agencys Office of Pesticide

Programs that you provide NALCOs counsel with copies of any documents or communications you send to the Agency note that

you did not do this when you sent your petition and other related communications to the Agency Hence the Agency will have to

provide NALCO with copy of the petition and related communications

We trust in the future that you will provide copies of any such communications to the Agency to counsel for NALCO at the time you

send them to the Agency We will be asking NALCO to do the same should it send any related documents or communications to the

Agency

So that the Agency can provide copy of your petition and any related communications to counsel for NALCO in the very near future

we ask that you inform us within two weeks of the date of this email whether you and your client assert any CBI claims about any of

the material included in the petition or any related communications to the Agency including but not limited to any email

communications of any nature If you do provide us within the same two week time period with identification of all such

information your basis for claiming CBI status and redacted versions with any such CBI removed that are appropriate for release to

NALCOs counsel Provide us with hard copies of any such redacted versions as well as pdf copies If you do not assert any CBI

claims inform us within the same two week time period that such is the case

Finally in previous email you asked if there has been any correspondence between EPA and Nalco about ammonia for water

treatment since July 10 2008 when EPA responded to Buckmans June 25 2008 FOIA request and presumably included any such

correspondence as of July 10 2008 asked my client and have been informed that there has not been any such correspondence

We look forward to receiving the requested information Thank you in advance for your timely cooperation in this matter

Sincerely

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 Philip Ross/DC/USEPA/US@EPA

cc

10/24/2008 0135 Dennis Edwards/DC/USEPA/US@EPA

PM Boucher Michael

mbouchermckennalong com

Subject

RE your phone message

Dear Phil

Thank you for your electronic message below and your kind assistance in this matter As an aside Buckman was not trying to
complicate EPAs life with the September 2008 petition to register ammonia for water treatment but Buckman is having tough

time in bad economy to compete with unregistered ammonia for the same water treatment applications and limited number of

industrial customers With its petition Buckman was trying only to provide EPA with additional information to facilitate the

Agencys resolution of the ammonia registration issue raised by Mr Goldberg for Nalco Buckman wants to be constructive part of

the deliberative process going on within EPA whatever that process is and only if there remains anything useful for Buckman to do

Accordingly we look forward to receiving further guidance from you next week at your convenience

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

mboucher@mckennalong.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.Philip@epamail.epa.gov Ross.Philip@epamail.epa gov

Sent Friday October 24 2008 114 PM

To Boucher Michael

Cc Edwards.Dennisepamail.epa.gov

Subject your phone message

To Michael BoucherSony missed your call

will tiy to be back in touch with you next week with response to your question have call into my client to check on something

Thanks

Phil Ross

Philip Ross

United States Environmental Protection Agency Office of General Counsel Pesticides and Toxic Substances Law Office

202-564-5637