# From Ross.Philipeparnail.epa.gov 

# Sent 

# Monday October

# 27 2008 

# 943 

# PM

# GMT To Boucher Michael 

# rnboucherrnckennalong corn 

# Cc Edwards.Denniseparnail.epa.gov 

# SGoldbergsteptoecorn 

## Subject 

# RE Response to 

## your voice rnail 

## and ernail 

### cornrnunications

Michael 

## Yes please send 

### copy of 

### your reply

## and any other 

### communications that 

### you send to the

### Agency regarding this 

### matter to Seth 

### Goldberg 

## who is representing 

# NALCO Asyou

## may notice he is included as 

# cc on this reply and the attached chain of emails His email address is 

### SGoldbergsteptoe 

## com according to 

## my records

In the event that 

### you believe that any 

### communication 

## may contain 

# CBI send 

### copy of the full 

### communication to the

### Agency along with an identification and explanation of any 

### CBI claims 

### and copy of the redacted version that 

### you provide to

# NALCO
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 10/27/2008 

## 0514 Dennis 

## Edwards/DC/USEPA/US@EPA 

# PM Boucher Michael 

## mbouchermckennalong 

# com Subject 

# RE Response to 

### yourvoice mail 

### and email 

### communications

Dear Phil

### Thank you for

### your reply

### below will confer with 

## Buckman and respond to 

### your questions 

### promptly appreciate 

### yourupdate Should 

### copy Seth 

### Goldberg on the further reply that 

## we send to

# you ask only because Seth does not appear to be copied 

### on yourmessage 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 

## 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.Philipepamail.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 

### yourrecent 

### phone and email 

### communications 

## am covering several items in itthat pertain to the petition 

### you have submitted to the

### Agency concerning 

### your clients 

### ammonia product-related 

### concerns The Agency is in theprocess of 

### examiningthe

### 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 

# NALCOand 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 suchmeeting 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 ifthere 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 

### meetingwould serve at this 

### time 

## Asyou

# 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 thematters 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 

# NAL COs counsel with copies of any 

### documents or

### communications you send to the 

## Agency note that 

### you did not

### do this

## whenyou sent

### your petition 

### and other related 

### communications to the

## Agency Hence the

### Agency will 

### have to provide 

# NALCOwith 

### 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 

# NALCOto 

### 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 thevery 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 forrelease 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 ifthere has 

### been 

## any correspondence 

### between 

# EPAand 

### Nalco about 

### ammonia for water treatment since July 

## 10 2008 when 

# EPAresponded to

## Buckmans June 

## 25 2008 

## FOIA request 

### and presumablyincluded 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 

### RossUnited 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 yourphone 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 forthe

### same water treatment applications 

### and limited 

### number of industrial 

### customers With its petition 

## Buckman was tiyingonly to provide 

# EPAwith additional information to facilitate the

### Agencys resolution of the

### ammonia registration issue raised 

### by

# MrGoldberg 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

### yourconvenience
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 FridayOctober 

## 242008 

## 114

# PM To Boucher Michael 

# Cc Edwards.Dennisepamail epa gov Subject 

### yourphone message To Michael BoucherSony missedyour call

will 

### by 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 

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