CREW: Environmental Protection Agency: Regarding Mary Gade: CREW appeal Dow - List by Numbe Batch...

8/9/2019 CREW: Environmental Protection Agency: Regarding Mary Gade: CREW appeal Dow - List by Numbe Batch 5_pdf-r

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Document Log Review Status = CompleteExemption/Privilege = Ex. 5 -- Deliberative Process

Privilege, Ex. 5 -- Attorney Client Privilege, Ex. 7(A)

-- Law Enforcement Proceedings

Review Status Pending Complete

From To

Leverett Nelson/R5/USEPA/US Gerald Phillips/R5/USEPA/US@EPA

Gregory Rudloff/R5/USEPA/US@EPA

CC BCC

John Steketee/R5/USEPA/US@EPA

Subject Date/Time Document Type

Re: Dow Chemical briefing regarding enforcement

preparation01/25/2007 08: 52 AM

Tracking Number Pages Exemption/Privilege

DowWH-65 Ex. 5 -- Deliberative Process Privilege, Ex. 5 --

Attorney Client Privilege, Ex. 7(A) -- LawEnforcement Proceedings

Description originated from another agency

General Responsiveness Determination

Responsive Partially responsive Not responsive Undecided

Detailed Release/Withhold Status ExplainRelease/Withhold Status

Withhold in Full

Superfund Coordination Needed

Superfund Not Superfund Further Review Unreviewed

Document Body

Looks very good .

-Rett

Gerald Phillips/R5/USEPA/US

GeraldGeraldGeraldGerald

PhillipsPhillipsPhillipsPhillips ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS01/25/2007 08:29 AM To Margaret Guerriero/R5/USEPA/US@EPA

cc Gregory Rudloff/R5/USEPA/US@EPA, LeverettNelson /R5/USEPA/US@EPA, JohnSteketee/R5/USEPA/US@EPA, Bruce

Sypniewski/R5/USEPA/US@EPA

Subject Dow Chemical briefing regarding enforcement preparation


2/243

Margaret,

I mentioned our concerns with Dow Chemical corrective action performance at their Midland , MI facility.Greg Rudloff and I have discussed this issue with counsel, Rett Nelson and John Steketee. We haveprepared the following, with input from counsel , for your consideration. Please let me know if you haveany questions.

Gerry

DELIBERATIVE PROCESSDELIBERATIVE PROCESSDELIBERATIVE PROCESSDELIBERATIVE PROCESS ////ENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATION

NOTE: The following message (including any attachments) contains information that may be deliberativeprocess privileged; pre-decisional related to development of potential agency decision or action , orenforcement confidential and may be exempt from disclosure under applicable law . It is intended to be

conveyed only to the named recipient(s). If you received this message in error or if you are not theintended recipient, please notify the sender and delete the message from your system. Any use,

dissemination, distribution or reproduction of this message by unintended recipients is not authorized andmay be unlawful.

.

BackgroundBackgroundBackgroundBackground ////SummarySummarySummarySummaryOn January 17, 2007, Dow, MDEQ, ACOE and EPA attended a meeting concerning the recently identifieddioxin hot spots in the Tittabawassee River. The purpose of the meeting, as MDEQ requested in a letterdated December 21, 2006, was for Dow to present a draft workplan for the hot spots in and along theTittabawassee River. Dow stated that their understanding was different, ind icating that they would bediscussing various alternatives and modeling updates related to the development of a workplan . Ratherthan presenting a draft workplan, Dow intended to propose a series of biweekly working meetings withMDEQ to begin developing a workplan. Nevertheless, by the end of the meeting, Dow had committed tostart exploring removal options for Reach D, and to begin collection of additional information to supportaddressing the hot spots on a more accelerated time frame. Subsequent to the meeting, Dow has

indicated a willingness to proceed more expeditiously, and has initiated some preparatory actions forpotentially addressing the hot spots (e.g. TCLP testing on archived Reach D samples with completion byJanuary 25th, and Submitting a permit application to ACOE for sediment sampling in Reach D and O ).

In addition, MDEQ transmitted a letter to Dow on January 19th requiring Dow to detail what activities havebeen initiated, and progress to date in addressing the hot spots. Dow responded on January 22nd withthe requested information and stated that they would perform additional preparatory activities within thenext 30 days including : Submitting proposed remedial technologies for the hot spots to MDEQ on March1st, and submitting permit applications to MDEQ/ACOE for construction in Reach D to ACOE by February28th.

Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process Priviliege, Ex. 7(A) - Law Enforcement Proceedings Privilege


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Future ActionsFuture ActionsFuture ActionsFuture ActionsDow is required by a letter from MDEQ citing the 60 day time frame in Dow's operating license's tosubmit to MDEQ a workplan for addressing the hot spots by February 20th.

Gerald W. PhillipsCorrective Action Program ManagerWaste, Pesticides and Toxics DivisionU.S. Environmental Protection Agency77 W. Jackson Blvd.Chicago, Illinois 60604Phone: 312.886.0977Fax: 312.353.4788E-mail: [email protected]

Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process ...


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Privilege, Ex. 5 -- Attorney Client Privilege


From To

Leverett Nelson/R5/USEPA/US Debra Klassman/R5/USEPA/US@EPA

Debra Klassman/R5/USEPA/US@EPA

Eric Cohen/R5/USEPA/US@EPA

Janice Loughlin/R5/USEPA/US@EPA

Larry Johnson/R5/USEPA/US@EPA

Christine Liszewski/R5/USEPA/US@EPA

Tamara Carnovsky/R5/USEPA/US@EPA

Jane Lupton/R5/USEPA/US@EPA

CC BCC



Confidential Dow Chemical briefing regardingenforcement preparation 01/25/2007 09:08 AM


DowWH-66 Ex. 5 -- Deliberative Process Privilege, Ex. 5 --Attorney Client Privilege





Withhold in Full



Document Body

Dear all:



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-Rett

----- Forwarded by Leverett Nelson /R5/USEPA/US on 01/25 /2007 08:52 AM -----

GeraldGeraldGeraldGeraldPhillipsPhillipsPhillipsPhillips ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

01/25/2007 08:29 AM To Margaret Guerriero/R5/USEPA/US@EPA

cc Gregory Rudloff/R5/USEPA/US@EPA, LeverettNelson /R5/USEPA/US@EPA, JohnSteketee/R5/USEPA/US@EPA, Bruce

Sypniewski/R5/USEPA/US@EPA

Subject Dow Chemical briefing regarding enforcement preparation

Margaret,

I mentioned our concerns with Dow Chemical corrective action performance at their Midland , MI facility.Greg Rudloff and I have discussed this issue with counsel, Rett Nelson and John Steketee. We haveprepared the following, with input from counsel , for your consideration. Please let me know if you haveany questions.

Gerry

DELIBERATIVE PROCESSDELIBERATIVE PROCESSDELIBERATIVE PROCESSDELIBERATIVE PROCESS ////ENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATIONENFORCEMENT CONFIDENTIAL COMMUNICATION

NOTE: The following message (including any attachments) contains information that may be deliberativeprocess privileged; pre-decisional related to development of potential agency decision or action , or

enforcement confidential and may be exempt from disclosure under applicable law . It is intended to beconveyed only to the named recipient(s). If you received this message in error or if you are not theintended recipient, please notify the sender and delete the message from your system. Any use,

dissemination, distribution or reproduction of this message by unintended recipients is not authorized andmay be unlawful.

BackgroundBackgroundBackgroundBackground ////SummarySummarySummarySummary




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On January 17, 2007, Dow, MDEQ, ACOE and EPA attended a meeting concerning the recently identifieddioxin hot spots in the Tittabawassee River. The purpose of the meeting, as MDEQ requested in a letterdated December 21, 2006, was for Dow to present a draft workplan for the hot spots in and along theTittabawassee River. Dow stated that their understanding was different, ind icating that they would bediscussing various alternatives and modeling updates related to the development of a workplan . Ratherthan presenting a draft workplan, Dow intended to propose a series of biweekly working meetings withMDEQ to begin developing a workplan. Nevertheless, by the end of the meeting, Dow had committed tostart exploring removal options for Reach D, and to begin collection of additional information to supportaddressing the hot spots on a more accelerated time frame. Subsequent to the meeting, Dow hasindicated a willingness to proceed more expeditiously, and has initiated some preparatory actions forpotentially addressing the hot spots (e.g. TCLP testing on archived Reach D samples with completion byJanuary 25th, and Submitting a permit application to ACOE for sediment sampling in Reach D and O ).

In addition, MDEQ transmitted a letter to Dow on January 19th requiring Dow to detail what activities havebeen initiated, and progress to date in addressing the hot spots. Dow responded on January 22nd withthe requested information and stated that they would perform additional preparatory activities within thenext 30 days including : Submitting proposed remedial technologies for the hot spots to MDEQ on March1st, and submitting permit applications to MDEQ/ACOE for construction in Reach D to ACOE by February28th.

Future ActionsFuture ActionsFuture ActionsFuture ActionsDow is required by a letter from MDEQ citing the 60 day time frame in Dow's operating license's tosubmit to MDEQ a workplan for addressing the hot spots by February 20th.

Gerald W. PhillipsCorrective Action Program ManagerWaste, Pesticides and Toxics DivisionU.S. Environmental Protection Agency77 W. Jackson Blvd.Chicago, Illinois 60604

Phone: 312.886.0977Fax: 312.353.4788

E-mail: [email protected]

Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process ...


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Privilege


From To

Margaret Guerriero/R5/USEPA/US Mary Gade/R5/USEPA/US@EPA

[email protected]

CC BCC

[email protected]

Cynthia Faur/R5/USEPA/US@EPA


Amended WPTD Hot Issues 01/25/2007 05:31 PM


DowWH-67 Ex. 5 -- Deliberative Process Privilege





Withhold in Full



Document Body

One more hot issue came up. Here's the amended version.


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Privilege


From To

Gregory Rudloff/R5/USEPA/US Gerald Phillips

[email protected]@EPA

Margaret Guerriero@EPA Gerald Phillips,

[email protected]@EPA,

Margaret Guerriero@EPA

CC BCC

Hak Cho

Jose Cisneros@EPA

John Steketee

[email protected]


Dow Hot Issues Paper03/01/2007 09: 38 AM







Withhold in Full



Document Body

Attached is a Hot Issues paper concerning activities to address the Tittabawassee River dioxin hot spots .Let me know if you need any add itional information .

Gregory A. Rudloff, P.G.Corrective Action Section

Waste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) [email protected]


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Privilege


From To

Elissa Speizman/R5/USEPA/US Mary Gade/R5/USEPA/US

[email protected]

CC BCC

[email protected]

Julie Spellman/R5/USEPA/US

[email protected]


Possible Items for Administrators Call March 5,

200703/05/2007 08:07 AM







Withhold in Full



Document Body

Possible Items for Administrators Call March 5, 2007

PAST WEEK VISITS: [Anything you want to say about the RTOC meeting?

UPCOMING MEETINGS AND EVENTS: Ill be speaking at the Keystone Conference this

week as part of a panel looking at the EPA of today and in the future.

HOT ISSUES:

HERE ARE THE SOURCE MATERIALS USED TO DEVELOP THE ABOVE NOTES .

Not Responsive


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ARDHot Issue: Illinois Clean Air Mercury Rule State Plan

Hot Issue: Western Michigan Ozone Demonstration

High Level HQ Visitors and Significant Meeting:

Newsworthy Events: Nothing new this week.

GLNPO

Hot IssuesNone

Upcoming Meetings

Not Responsive

Not Responsive

Not Responsive

Not Responsive


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OSECOSEC has no hot issues or upcoming newsworthy events to report this week.

Significant Upcoming Meetings:

RMDNo hot issues in RMD this week

SuperfundHot Issue

Cumene Spill on Ohio River (near Brookport, Illinois):

Not Responsive

Not Responsive

Not Responsive

Not Responsive


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Newsworthy Opportunities

None to report this week.

WPTDVisiting Dignitaries To R5

Not Responsive

Not Responsive

Not Responsive


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Projects

Peoria Disposal Company (PDC) TSCA Landfill Application

(repeat of previous hot-issue, as reminder of IEPAs public hearing set for Feb. 28.)

Dow Chemical Corrective Action Hot Spot Removal Update

The Dow Midland facility is a 1,900-acre chemical plant located in Midland, Michigan. Past

operations at the plant have resulted in dioxin and furan (dioxin) contamination of the Saginaw

Bay Watershed. Corrective action is taking place under a State Operating License issued in

2003. However, progress concerning off-site corrective action has experienced many delays, and

has been unacceptably slow from EPAs perspective. On February 20, 2007, Dow submitted an

update of hot spot activities and a general discussion of their plans for addressing the hot spots,

but the detailed workplan required by MDEQs January 19, 2007 notification was not provided.

Not Responsive

Not Responsive


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During a conference call between Dow, MDEQ, and EPA on February 26th, Dow and MDEQ

provided additional information that indicates that Reach D (see map on reverse) may be

addressed in a time frame acceptable to EPA. However, Dow proposes not to address Reach O

until mid-summer due to a number of factors. Dow and MDEQ committed to provide EPA with

additional technical justification for their proposed schedule for Reach O, as well as the other

Reaches by early next week. A briefing document (including recommendations for EPA) basedon Dow and MDEQs submittals will be prepared for the WPTD Director and RA next week.

Contact: Gerald Phillips (6-0977)

Upcoming Meetings

WaterUpcoming Meeting with City of Chicago and Illinois EPA on Wet Weather Standards-

Marys Calendar

Not Responsive

Not Responsive

Not Responsive


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Privilege, Ex. 7(A) -- Law Enforcement Proceedings


From To

Gregory Rudloff/R5/USEPA/US Gerald Phillips Gerald Phillips

CC BCC


Draft Briefings - DELIBERATIVE PROCESS

PRIVILEGED COMMUNICATION03/05/2007 08:47 AM


DowWH-78 Ex. 5 -- Deliberative Process Privilege, Ex. 7(A) --Law Enforcement Proceedings





Withhold in Full



Document Body

DELIBERATIVE PROCESS PRIVILEGED COMMUNICATIONDELIBERATIVE PROCESS PRIVILEGED COMMUNICATIONDELIBERATIVE PROCESS PRIVILEGED COMMUNICATIONDELIBERATIVE PROCESS PRIVILEGED COMMUNICATION

NOTE: The following message (including any attachments) contains information that may be deliberativeprocess privileged ; or pre-decisional related to development of potential agency decision or action and

may be exempt from disclosure under applicable law . It is intended to be conveyed only to the namedrecipient(s). If you received this message in error or if you are not the intended recipient, please notify

the sender and delete the message from your system. Any use, dissemination, distribution orreproduction of this message by unintended recipients is not authorized and may be unlawful .

Let me know which version you prefer, along with any modifications .

Thanks,

Gregory A. Rudloff, P.G.

Ex. 5 - Deliberative Process Privilege, Ex. 7(A) - Law Enforcement Proceedings Privilege


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Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) [email protected]


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From To

Gerald Phillips/R5/USEPA/US Gregory Rudloff/R5/USEPA/US@EPA

CC BCC


Re: Draft Briefings - DELIBERATIVE PROCESS

PRIVILEGED COMMUNICATION03/05/2007 09:22 AM







Withhold in Full



Document Body

Greg,

Gerry

Gregory Rudloff/R5/USEPA/US

GregoryGregoryGregoryGregoryRudloffRudloffRudloffRudloff////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

03/05/2007 08:47 AM To Gerald Phillips

cc

SubjectDraft Briefings - DELIBERATIVE PROCESS PRIVILEGED

COMMUNICATION




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Let me know which version you prefer, along with any modifications .

Thanks,


Waste Management BranchWaste, Pesticides and Toxics Division

Region 5, U.S. EPA

(312) 886-0455

[email protected]



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From To

Gregory Rudloff/R5/USEPA/US James Augustyn/R5/USEPA/US@EPA

Jeff Cahn/R5/USEPA/US@EPA

Leverett Nelson/R5/USEPA/US@EPA

Linda Nachowicz/R5/USEPA/US@EPA

Jason El-Zein/R5/USEPA/US@EPA James

Augustyn/R5/USEPA/US@EPA, Jeff

Cahn/R5/USEPA/US@EPA, Leverett

Nelson/R5/USEPA/US@EPA, Linda

Nachowicz/R5/USEPA/US@EPA, Jason

El-Zein/R5/USEPA/US

CC BCC

Bill Bolen/R5/USEPA/US@EPA


Revised Draft Dow Briefing - DELIBERATIVE

PROCESS PRIVILEGED COMMUNICATION03/05/2007 10:09 AM


DowWH-80 Ex. 5 -- Deliberative Process Privilege, Ex. 5 --Attorney Client Privilege, Ex. 7(A) -- Law

Enforcement Proceedings





Withhold in Full



Document Body





Attached is a revised version of the Dow briefing . We plan to provide it to Margaret on Tuesday. Letme know if you have any comments or revisions .


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Thanks,

Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) [email protected]


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From To

Gregory Rudloff/R5/USEPA/US Bill Bolen/R5/USEPA/US@EPA Bill

Bolen/R5/USEPA/US

CC BCC


Re: Revised Draft Dow Briefing - DELIBERATIVE

PROCESS PRIVILEGED COMMUNICATION03/05/2007 12:33 PM


DowWH-82 Ex. 5 -- Deliberative Process Privilege, Ex. 5 --

Attorney Client Privilege, Ex. 7(A) -- LawEnforcement Proceedings





Withhold in Full



Document Body

I'll be out of town as well . Gerry Phillips will be providing the briefing to Margaret , but I expect either sheor Mary Gade will request an in -person briefing as a follow-up. I'll let Gerry know that SF is willing toparticipate in an in-person briefing.

Thanks,


Bill Bolen/R5/USEPA/US

Bill BolenBill BolenBill BolenBill Bolen ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

To Gregory Rudloff/R5/USEPA/US@EPA


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03/05/2007 11 :42 AM

cc James Augustyn/R5/USEPA/US@EPA, JasonEl-Zein/R5/USEPA/US@EPA, JeffCahn/R5/USEPA/US@EPA, LeverettNelson /R5/USEPA/US@EPA, Linda

Nachowicz/R5/USEPA/US@EPASubject

Re: Revised Draft Dow Briefing - DELIBERATIVE PROCESSPRIVILEGED COMMUNICATION

Jim or Jason -

Any comments?

Greg -

Please continue to cc me - now that we have two Emergency Response Branches, Michigan and Ohioissues fall within my branch . Jim and Jason also are within my organization.

Would youlike one of us to call in when you present this to Margaret (we will all be out of town at OSC training ).Gregory Rudloff/R5/USEPA/US


03/05/2007 10:09 AM

To James Augustyn/R5/USEPA/US@EPA, JeffCahn/R5/USEPA/US@EPA, LeverettNelson /R5/USEPA/US@EPA, LindaNachowicz/R5/USEPA/US@EPA, Jason

El-Zein/R5/USEPA/US@EPAcc Bill Bolen/R5/USEPA/US@EPA

Subject Revised Draft Dow Briefing - DELIBERATIVE PROCESS

PRIVILEGED COMMUNICATION


NOTE: The following message (including any attachments) contains information that may be deliberativeprocess privileged; or pre-decisional related to development of potential agency decision or action and

may be exempt from disclosure under applicable law. It is intended to be conveyed only to the namedrecipient(s) . If you received this message in error or if you are not the intended recipient , please notify


Attached is a revised version of the Dow briefing . We plan to provide it to Margaret on Tuesday. Letme know if you have any comments or revisions.

Thanks,

Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) 886-0455



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[email protected]


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From To


CC BCC




Dow Dioxin Hot Spot Briefing - DELIBERATIVE

PROCESS PRIVILEGED COMMUNICATION03/06/2007 09: 06 AM







Withhold in Full



Document Body





Attached is a briefing providing an update on the Tittabawassee River dioxin hot spots , and recommendedactions for EPA. Let me know if you need any additional information .


Waste Management Branch

Waste, Pesticides and Toxics DivisionRegion 5, U.S. EPA

(312) 886-0455

[email protected]


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From To


CC BCC




Dow Dioxin Hot Spot Briefing (Corrected Version)

- DELIBERATIVE PROCESS PRIVILEGED

COMMUNICATION

03/06/2007 09: 11 AM


DowWH-84 Ex. 5 -- Deliberative Process Privilege, Ex. 7(A) --

Law Enforcement Proceedings





Withhold in Full



Document Body







Waste Management BranchWaste, Pesticides and Toxics Division

Region 5, U.S. EPA

(312) 886-0455


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[email protected]


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From To

Gerald Phillips/R5/USEPA/US Margaret Guerriero/R5/USEPA/US@EPA

Bruce Sypniewski/R5/USEPA/US@EPA

CC BCC



Fw: Dow Dioxin Hot Spot Briefing (Corrected

Version) - DELIBERATIVE PROCESS PRIVILEGED

COMMUNICATION

03/06/2007 09:25 AM


DowWH-85 Ex. 5 -- Deliberative Process Privilege, Ex. 7(A) --

Law Enforcement Proceedings





Withhold in Full



Document Body

The attached briefing was developed in conjunction with ORC (Jeff Cahn and Rett Nelson). We have alsoconsulted Superfund and U.S. DOJ. The briefing is based on the current status of the Dow Chemical ,Midland , MI facility. We have been disappointed by the seeming lack of progress in addressing the instream hot spots; one of which (a 87,000 ppt) was identified November 2006 and is not scheduled to beaddressed until July 2007 at the earliest. Please let me know if you would like to discuss ourrecommendations and conclusions.

----- Forwarded by Gerald Phillips /R5/USEPA/US on 03/06/2007 09:18 AM -----



cc Jeff Cahn /R5/USEPA/US@EPA,


SubjectDow Dioxin Hot Spot Briefing (Corrected Version) -DELIBERATIVE PROCESS PRIVILEGED


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COMMUNICATION


NOTE: The following message (including any attachments) contains information that may be deliberativeprocess privileged; or pre-decisional related to development of potential agency decision or action and

may be exempt from disclosure under applicable law. It is intended to be conveyed only to the namedrecipient(s) . If you received this message in error or if you are not the intended recipient , please notify



Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA

(312) [email protected]


31/243


Privilege


From To


CC BCC

[email protected]


[email protected]

[email protected]

[email protected]

[email protected]


Preparation for Meeting with Dow and MDEQ 03/08/2007 06: 38 PM







Withhold in Full



Document Body

Hi Mary,

I had a briefing with staff today regarding the Dow corrective action. There are some significant concernson the part of the project team that you may want to consider before our meeting on April 13 in Midland.There are basically two main issues . First is Dow's proposed schedule and their overall compliance withthe terms of the license. Dow has slipped significantly on both the schedule for the overall project and thehot spot remediation. Of the two hot spots, they are talking about work starting on one in May and July on

the other. In general, their work products are poor quality and contain major deficiencies even afterextensive discussions with MDEQ on what is needed . The second issue is about MDEQ's oversight ofDow. The EPA project team does not believe MDEQ has done enough to ensure Dow's continuedcompliance with the requirements of the corrective action and with respect to the requirements for the hotspot remediation . A pre-meeting with MDEQ may be warranted.

In any event, there is a briefing paper under development and we will work with Julie to schedule apre-briefing for you. Please let me know if there is anything else you would like me to do at this time .

Thanks.


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33/243


Privilege


From To

Gerald Phillips/R5/USEPA/US Gregory Rudloff/R5/USEPA/US@EPA


CC BCC


Fw: Preparation for Meeting with Dow and MDEQ 03/09/2007 07: 18 AM







Withhold in Full



Document Body

----- Forwarded by Gerald Phillips/R5/USEPA/US on 03/09/2007 07:18 AM -----

MargaretMargaretMargaretMargaretGuerrieroGuerrieroGuerrieroGuerriero////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

03/08/2007 06:38 PM To Mary Gade/R5/USEPA/US@EPA

cc [email protected], CynthiaFaur/R5/USEPA/US@EPA, spellman. [email protected],[email protected], [email protected],

[email protected]

Subject Preparation for Meeting with Dow and MDEQ

Hi Mary,

I had a briefing with staff today regarding the Dow corrective action. There are some significant concernson the part of the project team that you may want to consider before our meeting on April 13 in Midland.There are basically two main issues . First is Dow's proposed schedule and their overall compliance with


34/243

the terms of the license. Dow has slipped significantly on both the schedule for the overall project and thehot spot remediation. Of the two hot spots, they are talking about work starting on one in May and July onthe other. In general, their work products are poor quality and contain major deficiencies even afterextensive discussions with MDEQ on what is needed . The second issue is about MDEQ's oversight ofDow. The EPA project team does not believe MDEQ has done enough to ensure Dow's continuedcompliance with the requirements of the corrective action and with respect to the requirements for the hotspot remediation . A pre-meeting with MDEQ may be warranted.

In any event, there is a briefing paper under development and we will work with Julie to schedule apre-briefing for you. Please let me know if there is anything else you would like me to do at this time .

Thanks.


35/243





From To

Robert Kaplan/DC/USEPA/US Mary Gade/R5/USEPA/US@EPA

Bharat Mathur/R5/USEPA/US@EPA

CC BCC

Margaret Guerriero/R5/USEPA/US@EPA


Dow meeting 03/23/2007 04: 55 PM








Withhold in Full



Document Body

Mary & Bharat,

We attended a Dow pre-meet today in Lansing, MI in advance of your April 13th meeting in Midland .Margaret, Rett, Gerry, and I met with DEQ and the major players from Dow.

Margaret and I will brief you completely, but I wanted to relay some first impressions while they are stillfresh.

Ex. 5 - Deliberative Process Privilege, Ex. 5 Attorney Work Product Privilege


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-- Bob

Robert A. Kaplan, Acting Regional CounselU.S. EPA Region 5Phone: (312) 886-6675

Fax: (312) 886-0747Email: [email protected]



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From To

Steve Rothblatt/R5/USEPA/US Gade.Mary@epamai l.epa. gov@EPA

CC BCC

[email protected]

[email protected]

Robert Kaplan/DC/USEPA/US@EPA

Tinka Hyde/R5/USEPA/US@EPA

Leslie Kirby-Miles/DC/USEPA/US@EPA

[email protected]

[email protected]

[email protected]


Dow03/26/2007 09: 24 AM







Withhold in Full



Document Body

Mary,

I thought you would be interested in knowing about Dow's overture because it may come up when you

meet with them on April 13. Steve



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From To

Gregory Rudloff/R5/USEPA/US Margaret Guerriero@EPA

Robert Kaplan/DC/USEPA/US@EPA Margaret

Guerriero@EPA, Robert

Kaplan/DC/USEPA/US@EPA

CC BCC

Gerald Phillips

John Steketee




Add itiona l Draft Documents for April 9th RA

Briefing 04/06/2007 09:37 AM








Withhold in Full



Document Body

Let me know if you haveany comments or revisions. After revising the document in repose to any comments, I'll send it to MaryGade and the participants in the April 13th site visit (as well as the rest of us) later this afternoon.




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Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process Priviliege, Ex. 7(A) - Law En...Ex. 5 - Deliberative Process Privilege, Ex. 7(A) - L...


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From To

Leverett Nelson/R5/USEPA/US Gregory Rudloff/R5/USEPA/US@EPA

CC BCC

Gerald Phillips/R5/USEPA/US@EPA






Re: Additional Draft Documents for April 9th RA

Briefing04/06/2007 11:34 AM








Withhold in Full



Document Body

These look good to me too.

Thanks.

-Rett



04/06/2007 09:37 AM To Margaret Guerriero@EPA, Robert




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cc Gerald Phillips, John Steketee,Nelson.Leverett@epamail .epa.gov@EPA, Jeff

Cahn/R5/USEPA/US@EPA

SubjectAdditional Draft Documents for April 9th RA Briefing

Let me know if you haveany comments or revisions. After revising the document in repose to any comments, I'll send it to MaryGade and the participants in the April 13th site visit (as well as the rest of us) later this afternoon.


[attachment " " deleted by Leverett Nelson/R5/USEPA/US][attachment " " deleted by LeverettNelson/R5/USEPA/US]


Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process Priviliege, Ex. 7(A) - Law Enforcement Proceedings Pr...

Ex. 5 - Deliberative Process Privilege, Ex. 7(A) - Law Enforcemen...


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From To

Gregory Rudloff/R5/USEPA/US Leverett Nelson/R5/USEPA/US@EPA

CC BCC







Re: Additional Draft Documents for April 9th RA

Briefing04/06/2007 11:38 AM








Withhold in Full



Document Body

Thanks, I'll make the revision.

Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management Branch

Waste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) [email protected]

Leverett Nelson/R5/USEPA/US

LeverettLeverettLeverettLeverettNelsonNelsonNelsonNelson////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

04/06/2007 11 :34 AM

To Gregory Rudloff/R5/USEPA/US@EPA

cc Gerald Phillips/R5/USEPA/US@EPA, Jeff


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Cahn/R5/USEPA/US@EPA, JohnSteketee/R5/USEPA/US@EPA, Margaret Guerriero@EPA,

Robert Kaplan/DC/USEPA/US@EPASubject Re: Additional Draft Documents for April 9th RA Briefing

These look good to me too.

Thanks.

-Rett



04/06/2007 09:37 AM To Margaret Guerriero@EPA, RobertKaplan/DC/USEPA/US@EPA

cc Gerald Phillips, John Steketee,Nelson.Leverett@epamail .epa.gov@EPA, Jeff

Cahn/R5/USEPA/US@EPA

SubjectAdditional Draft Documents for April 9th RA Briefing

Let me know if you haveany comments or revisions. After revising the document in repose to any comments, I'll send it to Mary

Gade and the participants in the April 13th site visit (as well as the rest of us) later this afternoon.


[attachment " " deleted by Leverett Nelson/R5/USEPA/US][attachment " " deleted by LeverettNelson/R5/USEPA/US]



Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process Priviliege, Ex. 7(A) - Law Enforcement Proceedings Pri...

Ex. 5 - Deliberative Process Privilege, Ex. 7(A) - Law Enforcemen...


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From To

Gregory Rudloff/R5/USEPA/US Margaret Guerriero@EPA


Gerald Phillips

CC BCC

John Steketee




Add itiona l Draft Documents for April 9th RA

Briefing04/06/2007 04:13 PM







Withhold in Full



Document Body

I've heard back from Gerry, Rett, and Jeff on the documents so far. To provide add itional time for anycomments, I'll wait until Monday morning before sending out the final versions of the following documents :

Talking points for the April 13th site visit .

If you have any comments or revisions, let me know by e-mail.

Thanks,

Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA



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(312) [email protected]


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From To

Robert Kaplan/DC/USEPA/US Julie Spellman/R5/USEPA/US@EPA

CC BCC

"Cynthia Faur"

"Mary Gade"

"Margaret Guerriero"

[email protected]

"Bharat Mathur"


Re: Dow04/09/2007 08: 43 AM








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Document Body

Julie,

Thanks. This is an interesting development .

-- Bob

Ex. 5 - Attorney Client Privilege, Ex. 5 Deliberative Process Privilege



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Robert A. Kaplan, Acting Regional CounselU.S. EPA Region 5Phone: (312) 886-6675Fax: (312) 886-0747Email: [email protected]

Julie Spellman/R5/USEPA/US wrote on 04/09/2007 06: 41: 10 AM:

> All, I' m sure you' ve already heard, but this morning' s news has said> that a buyout of Dow is imminent, maybe as early as the end of the week.> -----------------

> Sent by EPA Wireless E-Mail Services


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From To

Julie Spellman/R5/USEPA/US Robert Kaplan/DC/USEPA/US@EPA

CC BCC

"Cynthia Faur"

"Mary Gade"

"Margaret Guerriero"

[email protected]

"Bharat Mathur"


Re: Dow04/09/2007 08: 47 AM








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Document Body

Thanks Bob. I also pulled a little blurb from today 's Trib FYI:

Stocks Higher on M&A, Jobs DataBy JOE BEL BRUNO

AP Business Writer

Published April 9, 2007, 8:35 AM CDT

NEW YORK -- Wall Street extended its advance Monday after last week's robust jobs data and a reportthat Dow Chemical Co. could be in play helped energize investors about the economy.


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With the stock market closed for Good Friday , traders got their first opportunity to react to data thatshowed stronger-than-expected job growth in March. This ind icated the economy might be in bettershape than previously thought, and helped offset concerns about a continued slowdown in the housingmarket.

Takeover news added ballast to the markets, with reports that Dow Chemical has been targeted byMidd le Eastern investors and U.S. buyout firms in a deal that could be worth $50 billion. It would be thebiggest leveraged buyout on the books.

In addition, Citigroup Inc. expanded its Asian operations by acquiring a Taiwan-based bank for $426million. Warren Buffett's Berkshire Hathaway Inc. said it became the largest shareholder of railroadcompany Burlington Northern Santa Fe Corp.

In the opening minutes of trading, the Dow Jones industrials were up about 17 points at the 12,577 level.

RobertRobertRobertRobertKaplanKaplanKaplanKaplan////DCDCDCDC////USEPAUSEPAUSEPAUSEPA////UUUU

SSSS

04/09/2007 08:43 AM

To Julie Spellman/R5/USEPA/US@EPAcc "Cynthia Faur" , "Mary Gade" , "Margaret

Guerriero" , [email protected], "Bharat Mathur"

Subject Re: DowLink

Julie,

Thanks. This is an interesting development .

-- Bob

Robert A. Kaplan, Acting Regional CounselU.S. EPA Region 5




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Phone: (312) 886-6675Fax: (312) 886-0747

Email: [email protected]

Julie Spellman/R5/USEPA/US wrote on 04/09/2007 06: 41: 10 AM:

> All, I' m sure you' ve already heard, but this morning' s news has said

> that a buyout of Dow is imminent, maybe as early as the end of the week.

> -----------------

> Sent by EPA Wireless E-Mail Services


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Privilege


From To

Leverett Nelson/R5/USEPA/US John Steketee/R5/USEPA/US@EPA

CC BCC


Re: Fw: CANCELED-4/13/07 Dow/MDEQ/USEPA

Meeting04/09/2007 04: 39 PM







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Document Body

I asked Bob and he does not seem to know the reason. I had been working on the agenda with PeterWright, and asked Bob if I should "close the loop" withPeter to make sure he knows about the cancellation. Bob said he would give Peter a call , and alluded toother (unspecified) issues that he wanted to bring to Peter's attention.

-Rett

John Steketee/R5/USEPA/US

John SteketeeJohn SteketeeJohn SteketeeJohn Steketee ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

04/09/2007 03:27 PM To Leverett Nelson/R5/USEPA/US@EPA

cc

Subject Fw: CANCELED-4/1 3/07 Dow/MDEQ/USEPA Meeting


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__________________

This is just a quick update on the specifics of your meeting with Dow and MDEQ on 4/13/07 to help youplan accordingly :

- Reservations have been made for Mary, Bharat and Cindy as follows:

4/12/07 Chicago-Saginaw, MI (Mary)UA 3:45 p.m.-5:48 p.m.

Hotel: Ramada Inn, 3325 Davenport Avenue, Saginaw (NOTE: I chose this hotel as they're oneof the few with a restaurant/room service.)

4/13/07 Chicago-Saginaw, MI (Bharat/Cindy)UA 7:25 a.m.-9:28 a.m.

4/13/07 Saginaw, MI-ChicagoUA 3:41 p.m.-3:51 p.m.

A minivan should be reserved under someone's name to accommodate driving to hotel , picking up

Bharat/Cindy next morning at airport, and getting to and from Dow (Margaret? Bob?) (FYI: I have printedout maps for all locations.)

- Date/Time: Friday, 4/13/07, 10:00 a.m. - 2:00 p.m.

- Location: Dow Chemical, 1790 Building, Washington Street, Midland, MI 48674 (Contact: JodiGoodwin, 989.636.8377)

- Attendees:Dow: David Dupre, VP, Michigan Operations; Greg Cochran, Director, MI Dioxin Initiative; David

Gustafson, Regula tory Affairs Leader; David GrahamMDEQ: Steve Chester, Director; Jim Sygo, Deputy Director

- Agenda: I have spoken with Dave Gustafson who envisions the day to start at their offices , with the firstcouple of hours (with a working lunch) talking about critical issues , status of PCAP interim response, doxinlevels, doxin approach, NEIC audits. After that, they have a van to drive you to the plant site for anoverview, show some of the elevated spots, environmental aspects, etc.

As you can see, I've already sent out an electronic invite for you to pre-brief on April 9th at 4:15.

If there's anything I've forgotten, please let me know and I'll take care of. Thanks everyone.

Julie


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From To

Robert Kaplan/DC/USEPA/US John Steketee/R5/USEPA/US@EPA John

Steketee/R5/USEPA/US

CC BCC



Fw: Dow Status 04/30/2007 08: 43 AM







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Document Body

John,

See below. Can you dust off the briefing from the time the meeting was canceled? I doubt that there ismuch to add to it.Thanks. -- Bob

cc: Rett

Robert A. Kaplan, Acting Regional Counsel

U.S. EPA Region 5Phone: (312) 886-6675Fax: (312) 886-0747Email: [email protected]

----- Forwarded by Robert Kaplan/DC/USEPA/US on 04/30/2007 08:40 AM -----

Cynthia FaurCynthia FaurCynthia FaurCynthia Faur ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS

04/30/2007 08:23 AM To Margaret Guerriero/R5/USEPA/US@EPA, Robert



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cc Jul ie Spellman/R5/USEPA/US@EPA

Subject Dow Status

Margaret and Bob -

Mary would like an update on the Dow/Tittabawassee River matter. Could you please coordinate onupdated materials for Mary. Julie will be contacting you to schedule a time to meet with Mary in the nextweek or so.

Thanks,

Cindy


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From To

Robert Kaplan/DC/USEPA/US John Steketee/R5/USEPA/US@EPA John

Steketee/R5/USEPA/US

CC BCC



Re: Fw: Dow Status 04/30/2007 09: 36 AM







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Document Body

Thanks. Let me know if you want to push back on the re-write request. I didn't see problems initially . . .. --b




04/30/2007 09:30 AM To Robert Kaplan/DC/USEPA/US@EPA

cc Leverett Nelson /R5/USEPA/US@EPA

Subject Re: Fw: Dow Status


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Yes. Also, to the extent you and Rett have yet to comment on EPA's Dow RIWP comments,you may wish to hold off, as another version will be circulated today . I aplogize, but Gerry Phillipsask for a total re-write of the document on Friday morning. Since it is a WPTD document, GregRudloff and I felt we were compelled to comply with the request.

Robert Kaplan/DC/USEPA/US

RobertRobertRobertRobertKaplanKaplanKaplanKaplan////DCDCDCDC////USEPAUSEPAUSEPAUSEPA////USUSUSUS

04/30/2007 08:43 AM ToTo


cc Leverett Nelson/R5/USEPA/US@EPA

Leverett Nelson/R5/USEPA/US@EPAbcc

Fax to

Subject Fw: Dow Status

John,


cc: Rett

Robert A. Kaplan, Acting Regional Counsel

U.S. EPA Region 5Phone: (312) 886-6675Fax: (312) 886-0747Email: [email protected]




Kaplan/DC/USEPA/US@EPAcc Julie Spellman/R5/USEPA/US@EPA

Subject Dow Status

Margaret and Bob -


Thanks,Cindy


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From To


CC BCC



Fw: Dow Status 05/01/2007 08: 02 AM







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Document Body

Do you know if Mary Gade is looking for a general update briefing on Dow , or should we provide anupdated version of the last briefing in preparation of her site visit (which was cancelled)?

Thanks,

Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) 886-0455

[email protected] Forwarded by Gregory Rudloff/R5/USEPA/US on 05/01/2007 07:59 AM -----


04/30/2007 09 :24 AM

To


----- Forwarded by John Steketee/R5/USEPA/US on 04/30/2007 09:24 AM -----


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04/30/2007 08:43 AM

To


John,


cc: Rett


----- Forwarded by Robert Kaplan/DC/USEPA/US on 04/30/2007 08:40 AM -----Cynthia FaurCynthia FaurCynthia FaurCynthia Faur ////RRRR5555////USEPAUSEPAUSEPAUSEPA////USUSUSUS



Subject Dow Status

Margaret and Bob -

Mary would like an update on the Dow/Tittabawassee River matter. Could you please coordinate on

updated materials for Mary. Julie will be contacting you to schedule a time to meet with Mary in the nextweek or so.

Thanks,

Cindy


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From To

Margaret Guerriero/R5/USEPA/US Gregory Rudloff/R5/USEPA/US@EPA

CC BCC


[email protected]


Re: Fw: Dow Status 05/01/2007 08:17 AM







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Document Body

I don't know. I was waiting to hear from Julie . I'll ask Shawn to give her a call .




cc Margaret Guerriero@EPA


Do you know if Mary Gade is looking for a general update briefing on Dow , or should we provide anupdated version of the last briefing in preparation of her site visit (which was cancelled)?

Thanks,


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Gregory A. Rudloff, P.G.Corrective Action SectionWaste Management BranchWaste, Pesticides and Toxics DivisionRegion 5, U.S. EPA(312) [email protected] Forwarded by Gregory Rudloff/R5/USEPA/US on 05/01/2007 07:59 AM -----


04/30/2007 09 :24 AM To Gregory Rudloff/R5/USEPA/US@EPA

cc


----- Forwarded by John Steketee/R5/USEPA/US on 04/30/2007 09:24 AM -----


04/30/2007 08:43 AM ToTo


cc Leverett Nelson/R5/USEPA/US@EPA

Leverett Nelson/R5/USEPA/US@EPAbcc

Fax to


John,


cc: Rett







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Subject Dow Status

Margaret and Bob -


Thanks,Cindy


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From To

Leverett Nelson/R5/USEPA/US Robert Kaplan/DC/USEPA/US@EPA

CC BCC

Mark Palermo/R5/USEPA/US@EPA



Larry Kyte/R5/USEPA/US@EPA


Re: Fw: Invitation: Briefing on Dow re: status of

corrective action and the reschedule of meeting

(May 15 03 :30 PM CDT in small RA conference

room)

05/09/2007 12:21 PM








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Document Body

Bob-

Youshould have it within the hour. I'll have John dust off the other materials to prep you for the Gade briefing .

We might suggest another intra-ORC pre-meeting before the 15th to further discuss options.

-Rett

Robert Kaplan/DC/USEPA/US


05/09/2007 11:30 AM To Leverett Nelson/R5/USEPA/US@EPA



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cc

Subject Fw: Invitation: Briefing on Dow re: status of corrective actionand the reschedule of meeting (May 15 03:30 PM CDT in

small RA conference room)

Rett,

see below. We are back ont he calendar, and need to dust off the briefing materials.

-- Bob


----- Forwarded by Robert Kaplan/DC/USEPA/US on 05/09/2007 11 :26 AM -----

Calendar Entry

SubjectBriefing on Dow re: status of corrective action andthe reschedule of meeting

When

Date Tuesday 05/15/2007

Time 03:30 PM - 04:00 PM (0 hours 30 minutes)

Where small RA conference room

Chair Julie Spellman /R5/USEPA/US

Invitees

Required (to)

BharatMathur/R5/USEPA/US@EPA,

CynthiaFaur/R5/USEPA/US@EPA,[email protected]@EPA, GeraldPhillips/R5/USEPA/US@EPA,MargaretGuerriero/R5/USEPA/US@EP

A, RobertKaplan/DC/USEPA/US@EPA

Optional (cc)

CarolynRobinson/R5/USEPA/US@EP

A, CherylKlebenow/R5/USEPA/US@EP

A, NaimahKarim/R5/USEPA/US@EPA,

ShwandaMayo/R5/USEPA/US@EPA

Margaret/Bob: please furnish written briefing materials, if needed, by Friday, 5/11 , first thing. Thanks.


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From To

Leverett Nelson/R5/USEPA/US John Steketee/R5/USEPA/US@EPA

CC BCC




Re: Fw: Invitation: Briefing on Dow re: status of

corrective action and the reschedule of meeting

(May 15 03 :30 PM CDT in small RA conference

room)

05/10/2007 08:14 AM








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Document Body

John-

I got your voice-mail message. Let's use the existing briefing materials for Friday (I assume Gerry still hasthem?); if you can update them on Monday, that will be fine.

Glad things are going well on Rapanos.

-Rett



05/09/2007 09:03 PM To Leverett Nelson /R5/USEPA/US@EPA

cc


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Subject Re: Fw: Invitation: Briefing on Dow re: status of correctiveaction and the reschedule of meeting (May 15 03:30 PM CDT

in sma ll RA conference room)

Rett:

Does Bob need something before COB Friday or would Monday morning be ok? If not,I'll need to figure out tomorrow what I can do by the end of the week. Rapanos siteinspections going well .

-John


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From To

Gerald Phillips/R5/USEPA/US Margaret Guerriero/R5/USEPA/US@EPA

CC BCC

Bruce Sypniewski/R5/USEPA/US@EPA





Revised Dow Briefing paper 05/10/2007 01: 58 PM







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Document Body

Greg Rudloff called to provide an update based on todays visit to Midland , MI. Cleanup of Reach O hasbeen pushed back to June 2008. I incorporated this new information in a revised briefing draft .

Ex. 5 - Attorney Clent Privilege, Ex. 5 Deliberative Process Priviliege, Ex. 7(A) - Law Enforcement Proceedi...


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Privilege


From To


CC BCC

[email protected]



[email protected]


Fw: PRIORITY: Dow briefing 05/14/2007 11: 51 AM







CREW: Environmental Protection Agency: Regarding Mary Gade: CREW appeal Dow - List by Numbe Batch...

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Transcript of CREW: Environmental Protection Agency: Regarding Mary Gade: CREW appeal Dow - List by Numbe Batch...