Telephone
#
703­
308­
8000
Fax
#
703­
308­
8005
E­
mail:
Edwards.
Debbie@
epa.
gov
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
WASHINGTON,
D.
C.
20460
OFFICE
OF
PREVENTION,
PESTICIDES
AND
TOXIC
SUBSTANCES
OFFICE
OF
PESTICIDE
PROGRAMS
SPECIAL
REVIEW
and
REREGISTRATION
DIVISION
(
7508C)

Debra
Edwards,
Ph.
D.,
Director
April
12,
2006
CERTIFIED
MAIL
Lynn
Bergeson
Bergeson
&
Campbell,
PC
1203
19th
Street,
NW,
Suite
300
Washington,
DC
20036­
2401
Re:
CBI
Claims
in
March
27,
2006
Letter
Dear
Ms.
Bergeson:

Pursuant
to
40
C.
F.
R
2.204(
a)(
2),
the
EPA
Office
of
Pesticide
Programs
is
affording
you
an
opportunity
to
substantiate
your
confidentiality
claim
with
respect
to
your
March
27,
2006
letter
regarding
the
preliminary
risk
assessments
for
the
organic
arsenic
herbicides,
a
copy
of
which
is
enclosed.
The
EPA
Office
of
General
Counsel
will
be
making
a
final
confidentiality
determination
concerning
this
information.
For
each
portion
or
category
of
information
that
you
identify
as
being
subject
to
a
claim,
please
answer
the
following
questions:

l.
For
what
period
of
time
do
you
request
that
the
information
be
maintained
as
confidential?
If
the
occurrence
of
a
specific
event
will
eliminate
the
need
for
confidentiality,
please
specify
that
event.

2.
Information
submitted
to
EPA
becomes
stale
over
time.
Why
should
the
information
you
claim
as
confidential
be
protected
for
the
time
period
specified
in
your
answer
to
question
#
1?

3.
What
measures
have
you
taken
to
protect
the
information
claimed
as
confidential?
Have
you
disclosed
the
information
to
anyone
other
than
a
governmental
body
or
Telephone
#
703­
308­
8000
Fax
#
703­
308­
8005
E­
mail:
Edwards.
Debbie@
epa.
gov
someone
who
is
bound
by
an
agreement
not
to
disclose
the
information
further?
If
so,
why
should
the
information
still
be
considered
confidential?

4.
Has
any
governmental
body
made
a
determination
as
to
the
confidentiality
of
the
information?
If
so,
please
attach
a
copy
of
the
determination.

5.
Is
the
information
contained
in
any
publicly
available
material
such
as
promotional
publications,
annual
reports,
articles,
etc.?
Is
there
any
means
by
which
a
member
of
the
public
could
obtain
access
to
the
information?

6.
For
each
category
of
information
claimed
as
confidential,
discuss
with
specificity
why
release
of
the
information
is
likely
to
cause
substantial
harm
to
your
competitive
position.
Explain
the
nature
of
those
harmful
effects,
why
they
should
be
viewed
as
substantial,
and
the
causal
relationship
between
disclosure
and
such
harmful
effects.
How
could
your
competitors
make
use
of
this
information
to
your
detriment?

7.
Do
you
assert
that
the
information
is
"
voluntarily
submitted"
as
defined
at
40
C.
F.
R.
2.201(
i)?
If
so,
explain
why,
and
how
disclosure
would
tend
to
lessen
EPA's
ability
to
obtain
similar
information
in
the
future.

8.
Any
other
issue
you
deem
relevant.

Please
note
that
you
bear
the
burden
of
substantiating
your
confidentiality
claim
pursuant
to
40
CFR
2.208(
e).
Conclusory
allegations
will
be
given
little
or
no
weight
in
the
determination.
If
you
wish
to
claim
any
information
in
your
response
to
this
letter
as
confidential,
you
must
mark
the
response
"
CONFIDENTIAL"
or
with
a
similar
designation,
and
must
bracket
all
text
so
claimed.
Information
so
designated
will
be
disclosed
by
EPA
only
to
the
extent
allowed
by,
and
by
means
of
the
procedures
set
forth
in,
40
CFR
Part
2.
If
you
fail
to
claim
the
information
as
confidential
upon
submission,
it
may
be
made
available
to
the
public
without
further
notice
to
you.
Your
reply
can
be
mailed
to
the
following
address:

Debra
Edwards,
Director
Special
Review
and
Reregistration
Division
(
7508C)
Office
of
Pesticide
Programs
U.
S.
Environmental
Protection
Agency
1200
Pennsylvania
Ave.,
NW
Washington
D.
C.
20460
Your
comments
must
be
postmarked
by
the
15th
working
day
after
your
receipt
of
this
letter.
If
you
intend
to
submit
timely
comments,
please
notify
Lance
Wormell
by
phone
(
703­
603­
0523),
by
fax
(
703­
308­
8041),
by
email
(
Wormell.
Lance@
epa.
gov),
or
by
mail
at
the
address
above.
EPA
will
only
inquire
into
the
whereabouts
of
comments
not
received
if
notice
of
your
intention
to
submit
them
was
provided.
Failure
to
submit
Telephone
#
703­
308­
8000
Fax
#
703­
308­
8005
E­
mail:
Edwards.
Debbie@
epa.
gov
timely
comments
will
be
regarded
as
a
waiver
of
your
confidentiality
claim.
You
may
request
an
extension
of
the
15­
day
deadline.
Should
you
have
any
questions
in
this
matter,
please
contact
Lance
Wormell.

Sincerely,

Debra
Edwards,
Ph.
D.
Director
Enclosure
