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:   HYPERLINK
"http://www.epa.gov/oppfead1/endanger/litstatus/effects/biopschedule11-8
-10.pdf" 
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  
HYPERLINK "mailto:scheltema.christina@epa.gov" 
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 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 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:   HYPERLINK
"http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&
d=EPA-HQ-OPP-2008-0654" 
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 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   HYPERLINK
"mailto:scheltema.christina@epa.gov"  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 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION

