OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

VIA E-MAIL and CERTIFIED MAIL

February 24, 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 Fisheries Service (NMFS) Regarding the Effects 

of the Pesticide Oryzalin on Pacific Salmonids 

Dear Mr. Olson:

As a technical registrant of the pesticide oryzalin, your company is considered an applicant for 

purposes of EPA’s Endangered Species Act (ESA) consultations 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 

company’s rights in the ESA consultation process as well as the timeline for completion of the 

consultation process. 

EPA initiated these formal consultations with NMFS in 2003 and 2004 pursuant to section 7 of the 

Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 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 consultations. That settlement 

agreement includes a schedule 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 oryzalin, your company is considered an applicant for purposes of this consultation 

under the ESA, and as such, has certain rights including the following:

 To submit 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 provide expertise in identifying reasonable and prudent alternatives to the action if NMFS 

determines it is likely to jeopardize listed species or destroy or adversely modify critical 

habitat; and,

 To receive a copy 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 letter;

 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 any 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 electronically or in paper to Christina Scheltema, the 

Chemical Review Manager (CRM) for oryzalin. Electronic submissions should be sent via an e-mail 

to the CRM at scheltema.christina@epa.gov. Paper submissions via US mail should be sent to the 

attention of the CRM at the following address: 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, 1200 Pennsylvania Ave., NW, Washington, DC

20460. Paper submissions via courier should be sent to: Front End Processing Desk, Pesticide Reevaluation Division, Mail Code 7508P, Office of Pesticide Programs, Office of Chemical Safety and

Pollution Prevention, US Environmental Protection Agency, One Potomac Yard, 2777 Crystal 

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 such 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-OPP2008-0654. 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 copy of 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, Lacey, 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 pesticide active ingredient; 

 Labels for all end-use products (preferably 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 typical and maximum single and 

seasonal application rates.

Please contact Christina Scheltema of my 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.

Sincerely,

Michael Goodis, P.E., Chief

Risk Management and Implementation Branch 3

Pesticide Re-evaluation Division 

Office of Pesticide Programs 

cc: Lois Rossi, RD

Richard Keigwin, PRD

Therese Conant, NMFS