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Elliott, Don [DEIIiott@cov.com] 6/16/2017 5:26:07 PM Schwab, Justin [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=eed0f609c0944cc2bbdb05df3al0aadb-Schwab, Jus] Re: Follow Up to Request for Meeting for MGP
Thank you for the update.
Don Elliott
On Jun 16, 2017, at 13:14, Schwab, Justin <schwab.justin@epa.govcmai1t o :Schwab.justin@epa.g o v wr ot e:
W e 're moving this through and should be able to schedule a meeting shortly (perhaps as early as next week), but the appropri ate attendees for that meeti ng are sti 11 bei ng worked o u t . Pi ease 1et me know if you have further questions.
Sent from my iPhone
On Jun 14, 2017, at 3:28 PM, Schwab, Justin <schwab.justi n@epa.govcmai1t o :Schwab.justi n@ ep a. go v wrote:
Will fol1ow up
Sent from my iPhone
On Jun 14, 2017, at 3:20 PM, El 1iott, Don <DEl1iott@cov.com<mai1t o :DEl1iot t@cov.com wrote:
Hi Justin,
Great to see you and Gerald for 1unch 1ast Fri day. Let's d o i t agai n soon.
On another topi c, can you tel 1 me anythi ng about where thi ngs stand and when we might be heari ng back from you on the subject that I wrote you about below? My cli ents at MGP are pushi ng me for when we mi ght hear back from EPA Headquarters, as they have a deci si on comi ng up soon (June 26) about whether to go forward with thei r pians to bui 1d an additional whi skey agi ng warehouse in Indiana, or to relocate it to Loui svilie, Kentucky instead because it is in a di fferent EPA Region that takes a di fferent posi ti on on these issues.
As I am sure that you appreci a t e , one of the mai n rati onales for the regi onal consi stency rules under the CAA was to avoi d just thi s type of si tuati on where inconsi stent posi ti ons by Regi ons IV and V cause economic development to be re-di rected from one state to another. Some in the Indiana state government and Congressi onal delegati on are getti ng rather steamed about thi s si tuati on and I have heard that some of them intend to reach out to Admi ni strati on Pruitt about it although I d o n 't know w h e n .
Any word about ti mi ng that I can share with the cl ient?
Regards,
Don
E. Donald El 1iott
Covington & Burling LLP
One Ci tyCenter, 850 Tenth Street, NW
Washi ngton, DC 20001-4956
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From: El 1io t t , Don Sent : Monday, June 05, 2017 2:25 PM To : Justi n Schwab (schwab.justi n@epa.gov<mai1to :Schwab.justi n@epa.gov>) Subject : Request for Meeti ng
Justin,
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00163641-00001
Pi ease consider this a request for a meeti ng with you and whoever else you consider appropri ate concerning the matters outlined in the attached 1etter. We suggest that someone from OAQPS might also be interested, perhaps Peter Tsi rigoti s , and also OECA.
In essence, we want to di scuss with you whether the T rump Admi ni strati on is abruptly changi ng EPA's 17year 1ong poli cy that the "angel's share" of alcohol that 1eaks out of wooden whi skey barrels duri ng the
traditional natural aging process cannot be control 1ed without unacceptable effects on product quality, and if s o , whether the agency may do so wi thout any noti ce or opportuni ty for comment on the change but instead merely by bri ngi ng an enforcement case out of the blue wi thout pri or fai r noti ce to the regulated community.
We represent MGP Ingredi en ts, Inc. whi ch received the attached Noti ce and Fi ndi ng of Vi olati on for its Lawrencevilie, Indiana bourbon agi ng warehouse from Regi on V. Regi on V's posi ti on on thi s di recti y contradi cts that of the other regi o n s , includi ng Regi on IV, as we will outli ne at the meeti n g . I would be accompanied by my co-counsel, Tony Sul 1ivan of Barnes & Thornburg in Indianapolis, as well as a
company representative.
Pi ease 1et me know what dates you are avai1able. 28-29 i...... -..." E i r e ...........]
L________________________________________________________________________________________ I
Don
The only dates when I have to be out of town are June
E. Donald El 1iott
Covington & Burling LLP
I.QD.e..Ci.tye.nteT_i._85p_._._Jent_h._StT_eetJ_._NW.1. Was hi ngton, DC 20001
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Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00163641-00002