OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION **UNITED ST AT**  **ES ENVIRONMENT AL**  **PROTECTION A GENCY** 

WA SHINGTON, D.C. 20460

**VIA E -**  **MAIL and CERTIFIED MAIL** February 2 4 , 2011 David L . Olson Director, Regulatory

Affairs United Phosphorus, Inc. 630 Freedom Business Center, Suite 402 King of Prussia, PA 19406 RE: EPA Consultation with the National Marine Fis heries Service (NMFS) Regarding the Effects of the Pesticide Ory

zalin on Pacific Salmonids Dear Mr. Olson: As a technical registrant of the pesticide oryzalin , yo ur company is considered an applicant for purposes of EPA’s Endangered Species Act (ESA) co nsultations with the National Marine Fisheries Service (NMFS) regarding the effects of this pesticide to threatened and endangered Pacific salmonids and their designated critical habitat. The purpose of this letter is to inform you of your compan y’s right s in the ESA consultation process as well as the timeline for completion of the consultation process. EPA initiated these formal consultation s with NMFS in 2003 and 2004 pursuant to section 7 of the Endangered Species Act of 1973, as amended , 16 U.S.C. 1 531 et seq . After the formal consultation was initiated, the federal government entered into a settlement agreement to resolve litigation brought against NMFS for unreasonable delay in completing the c onsultations. That settlement agreement includes a sc hedule for NMFS to complete these consultations by February 29 , 2012. The agreement and schedule for completion of consultations is available at : http://www.epa. gov/oppfead1/endanger/litstatus/effects/biopschedule11
- 8 - 10.pdf
. Pesticide Registrant Rights As a registrant of ory

zalin , your company is considered an applicant for purposes of this consultation under the ESA , and as such, has certain rights includin g the following:

 To s ubmit information to EPA for consideration during the consultation between EPA and NMFS; To review and comment on any draft biological opinions NMFS provides to the EPA;  To p rovide expertise in identifying reasonable and prudent al ternatives to the action if NMFS determines it is likely

to jeopardize listed species or destro y or adversel y modify critical habitat; and

,  To receive a cop y of the final biological opinion from NMFS. How to Participate in the Consultation Process as an Applicant If you wish to participate in this consultation as an applicant, please respond to this letter and provide the following information:

 A statement certifying that you are a technical registrant of the active ingredient specified

in this lette r ;  A statement that you wish to be considered an applicant for purposes of this consultation ;  A single point of contact (please provide name, mailing address, courier address, e
- mail

and phone number) ; and

,  A list of company names, addresses, and contacts for an y company you supply with the technical active ingredient identified in this letter, for use in a registered pesticide, and who wishes to be considered an applicant for purposes of this consultation
. Your response may

be submitted either electronic ally or in paper to Christina Scheltema , the Chemical Review Manager (CRM) for ory zalin
. Electronic submissions should be sent via an e
- mail to the CRM at scheltema.christina@epa.gov
. Paper submissions vi a US mail should be sent to the attention of the CRM at the following address: Front End Processing Desk, P esticide Re
- evaluation Division, Mail Code 7508P, Office of Pesticide Programs, Office of Chemical Safety and Pollution Prevention, US Environmental Protection Agency, 1200 Penns yl vania Ave., NW, Washington, DC 20460. Paper submissions via courier should be sent to : Front End Processing Desk, Pesticide Re
evaluation Division, Mail Code 7508P, Office of Pesticide Programs, Office of Chemical Safety and Pollution Prevention, US Environmental Protection Agency , One Potomac Yard, 2777 Cry stal Drive, Arlington , VA 22202. If you or another applicant wishes to submit information or data to EPA for consideration during consultation, you should also submit su ch information to NMFS at the same time. Information or data may be submitted to EPA through the electronic docket at : http://www.regulations.gov/ fdmspublic/component/main?main=DocketDetail&d=EPA
- HQ - OPP 2008 - 0654 . Each document submitted to the EPA docket should be identified with the **active ingredient name and your company’s name as the first two words in the “title” of the**  **submission.** A cop y o f the information submitted to the EPA docket for consideration during consultation should also be submitted to Dr. Tony Hawkes of NMFS at the following address: National Marine Fisheries Service, 510 Desmond Drive SE, Suite 102, L acey, WA 98503 by June 30 , 2011 . NMFS must receive all data or other information from applicants by this date to fully consider such information during this consultation
. You may submit any

information or data not already provided in connection with EPA’s consultations that may inform the outcome of the consultations. However, NMFS has indicated a specific interest in the following : Any

toxicity data, field studies or mesocosm studies not part of the consultation package, or EPA’s Reregistration Eligibility Decision for the pe sticide active ingredient;  Labels for all end
- use products (preferabl y master labels, when available); and  Other pertinent use information describing how the pesticides are used in practice, including information about application methods and equipment , and ty pical and maximum single and seasonal application rates. Please contact Christina Scheltema of m y staff if you have any questions about this letter or about the consultation with NMFS. She may be reached at (703)308
- 2201 or scheltema.christina@epa.gov
. Sincerel y, Michael Goodis, P.E., Chief Risk Management and Implementation Branch 3 Pesticide Re
- evaluation Division Office of Pesticide Programs cc: Lois Rossi, RD Ric hard Keigwin, PRD Therese Conant , NMFS