From Ross.Philipeparnail.epa.gov

Sent Monday October 27 2008 943 PM GMT

To Boucher Michael rnboucherrnckennalong corn

Cc Edwards.Denniseparnail.epa.gov SGoldbergsteptoe corn

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 As you 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 your voice mail

and email communications

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

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.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 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 NAL COs

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 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 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 foryour 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 tiying 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

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 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 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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