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To: Cc: From: Sent: Subject: Dravis, Samantha[dravis.samantha@epa.gov] JP FreireOpfreireepa@gmail.com] Konkus, John Tue 3/21/2017 9:07:36 PM FW: : EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind JP and Samantha: These answer were drafted by Region 5 and their attorneys. We are looking for guidance as to if we want to respond and if so if these answers are okay. Ex. 5 - Deliberative Process From: Milbourn, Cathy Sent: Tuesday, March 21,2017 4:56 PM To: Konkus, John <konkus.john@epa.gov> Subject: FW: : EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind From: Kelley, Jeff Sent: Tuesday, March 21,2017 4:20 PM To: Milbourn, Cathy <Milbourn.Cathy@epa.gov> Cc: Konkus, John <konkus.john@epa.gov> Subject: RE:: EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind Here are draft answers ... please let me know if we're good to go (reporters' deadline was about an hour ago): Who are the potentially responsible parties involved in the settlement? 17cv01906 Sierra Club v. EPA ED_001523_00005728-00001 Ex. 5 - Deliberative Process What changed to cause these PRPs to provide funds for Zone 2, which was previously in dispute? Ex. 5 - Deliberative Process How will the new funds be allocated in combination with the $26 million from the 2014 settlement? Ex. 5 - Deliberative Process Do these negotiations predate the current administration, or was this Administrator Pruitt's own initiative? Ex. 5 - Deliberative Process At what point does EPA have to amend the 2014 consent decree or ROD to reflect this new settlement? What about to reflect changes to clean-up plans in Zone 1? Does that amendment process take place in court and with public input? Ex. 5 - Deliberative Process 17cv01906 Sierra Club v. EPA ED_001523_00005728-00002 Ex. 5 - Deliberative Process The press releases says $16 million was secured, but as far as we can tell the final Z2&3 ASAOC only outlines $9.5 million to be paid by Respondents. Can you point us to the other $6.5 million or is there a mistake in the press release? Ex. 5 - Deliberative Process Are efforts ongoing to secure long term funding for Zone 2 remediation? The Z2&3 ASAOC states no Z2 exterior removal actions shall commence after November 30, 2017-- does this mean actions that have already started can be completed or does it mean no more work can be done after November 30? Ex. 5 - Deliberative Process Jeff Kelley Director, Office of External Communications U.S. EPA Region 5 ph: 312-353-1159 From: Kelley, Jeff 17cv01906 Sierra Club v. EPA ED_001523_00005728-00003 Sent: Tuesday, March 21,2017 1:09 PM To: Milbourn, Cathy <Milbourn.Cathy@epa.gov> Cc: Konkus, John <konkus.john@epa.gov> Subject: RE:: EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind Yes, working on it John, do you want to see before we send? Below is one draft answer that I know we'd like you to take a look at since it mentions the Administrator. Do these negotiations predate the current administration, or was this Administrator Pruitt's own initiative? Ex. 5 - Deliberative Process Jeff Kelley Director, Office of External Communications U.S. EPA Region 5 ph: 312-353-1159 From: Milbourn, Cathy Sent: Tuesday, March 21,2017 1:04 PM To: Kelley, Jeff <kelley.jeff@epa.gov> Cc: Konkus, John <konkus.iohn@epa.gov> Subject: FW: : EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind Jeff- are you going to add these to other list of Q's for this reporter? From: Nick Janzen [mailto:nianzen@nipr.fml Sent: Tuesday, March 21,2017 2:00 PM To: Ropeik, Annie <aropeik@purdue.edu> Cc: Milbourn, Cathy <Milbourn.Cathy@epa.gov>; Kelley, Jeff <keHey.jeff@epa.gov> Subject: Re:: EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind 17cv01906 Sierra Club v. EPA ED_001523_00005728-00004 Hi Cathy and Jeff, A couple of more questions: The press releases says $16 million was secured, but as far as we can tell the final Z2&3 ASAOC only outlines $9.5 million to be paid by Respondents. Can you point us to the other $6.5 million or is there a mistake in the press release? Are efforts ongoing to secure long term funding for Zone 2 remediation? The Z2&3 ASAOC states no Z2 exterior removal actions shall commence after November 30, 2017-- does this mean actions that have already started can be completed or does it mean no more work can be done after November 30? Just looking for some clarification here. Our deadline is still today at 3 PM ET. A phone interview would be preferable-- if you're available for that, please call Annie at 765-494-0652 or 907-441-1419. A written response would still be very helpful, too. Thanks so much for your help, Nick Nick Janzen Energy and Environment Reporter Indiana Public Broadcasting email: nianzen@nipr.fm cell: 504-914-3373 office: 260-918-1093 On Mar 20, 2017, at 5:22 PM, Ropeik, Annie <aropeik@purdue.edu> wrote: 17cv01906 Sierra Club v. EPA ED_001523_00005728-00005 Hi Cathy, thanks. First and foremost, please provide a copy of the settlement. These next questions are in order of priority. Who are the potentially responsible parties involved in the settlement? What changed to cause these PRPs to provide funds for Zone 2, which was previously in dispute? How will the new funds be allocated in combination with the $26 million from the 2014 settlement? Do these negotiations predate the current administration, or was this Administrator Pruitt's own initiative? At what point does EPA have to amend the 2014 consent decree or ROD to reflect this new settlement? What about to reflect changes to clean-up plans in Zone 1? Does that amendment process take place in court and with public input? Our deadline is 3pm Eastern Tuesday, 3/21. Feel free to send answers or documents separately as you have them. Best, Annie Ropeik Annie Ropeik Reporter, Economy & Business Indiana Public Broadcasting (765) 494-0652 desk (907) 441-1419 cell From: "Milbourn, Cathy" <Milbourn.Cathv@epa.gov> Date: Monday, March 20, 2017 at 5:05 PM To: Annie Ropeik <aropeik@purdue.edu> Cc: "Kelley, Jeff" <kelley.ieff@epa.gov> 17cv01906 Sierra Club v. EPA ED_001523_00005728-00006 Subject: : EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind Hi Anne, Please send your questions in writing. Thank you ! Cathy From: Annie Ropeik <aropeik@purdue.edu> Date: Monday, March 20, 2017 at 4:32 PM To: "Milbourn.Cathy@epa.gov" <M@wm qo/> Cc: Nick Janzen < L umm; >, "Bassler, Rachel" <Bassler.Rachel@epa.qov> Subject: Re: EPA set to resume cleanup at USS Lead Superfund site in East Chicago, Ind. Hi Cathy, I'm one of the reporters covering East Chicago for Indiana Public Broadcasting. Can you please add the following emails to your distribution list, along with the Lakeshore address you used below: Me, business reporter Annie Ropeik - aropeik@purdue.edu digital producer Lauren Chapman - lchapman@wfyi.org environmental reporter Nick Janzen - njanzen@nipr.fm Managing editor Sarah Neal-Estes - snealest@indiana.edu This will ensure your press releases get to us ASAP. We work alongside Lakeshore Public Media but are spread across the state. 17cv01906 Sierra Club v. EPA ED_001523_00005728-00007 Secondly, Nick Janzen (copied) and I have some follow-up questions about the release you sent, regarding the new $16M settlement, that we'd like to address in a telephone interview to be edited into soundbites for broadcast if possible. Could we do that tomorrow? If not, we can put questions in writing, but our deadline is 3:30pm ET Tuesday 3/21 either way. Feel free to reach out any time -- thank you! Best, Annie Ropeik Annie Ropeik Reporter, Economy & Business Indiana Public Broadcasting (765) 494-0652 desk (907) 441-1419 cell Catherine C. Milbourn Office of Media Relations Office of the Administrator U.S. I ! 202-564-7849 (office) 202-420-8648 (mobile) 17cv01906 Sierra Club v. EPA ED_001523_00005728-00008 Milbourn.cathv@epa.gov 17cv01906 Sierra Club v. EPA ED_001523_00005728-00009