Document mL8XNroJBY3K0OQ0ZM9g3zm0

Message From: Sent: To: CC: Subject: Beck, Nancy [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=168ECB5184AC44DE95A913297F353745-BECK, NANCY] 10/5/2017 11:57:01 AM Ewing, Kevin [kevin.ewing@bracewell.com] lcurcio@solutous.com RE: Follow-Up Thank you. Nancy B. Beck, Ph.D., DABT Deputy Assistant Administrator, OCSPP Ex. 6 i i_______________________________ : beck.nancy@epa.gov From: Ewing, Kevin [mailto:kevin.ewing@bracewell.com] Sent: Wednesday, October 4, 2017 8:59 PM To: Beck, Nancy <Beck.Nancy@epa.gov> Cc: lcurcio@solutous.com Subject: Follow-Up Nancy, Following up on the matter we discussed, a few points of orientation: SNUN filed January 2017 for use solely in closed systems. Since January, we have responded to several rounds of questions from Staff, mainly premised on exposure concerns that appear inconsistent with closed system use. Staff recently provided two options: o Option 1: Consent order followed by SNUR; the CO would require minimal PPE and conditions, given low exposure concern; however, the CO also would require release testing for yet further modeling by EPA of potential exposure o Option 2: SNUR only; same conditions as CO, except no testing required We are advised that the Option 1 CO could be available quickly, but Option 2 could take many months. We would like to understand: o The likely timetable for Option 2 SNUR. o The basis for requiring testing in Option 1when there is minimal exposure concern and the agency is prepared to make a finding under Option 2, without further testing or analysis, of not likely to present unreasonable risk. Thank you. Regards, Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00050319-00001 Kevin KEVIN EWING Partner kevin.ew- i-n-g- -tSbracew;ell.com BRACEWELL LLP 2.001 M Street NW, Suite 900 |Washington, D.C. \ 20036-3310 braceweii.com | profile | download v-card CONFIDENTIALITY STATEMENT This message is sent by a law firm and may contain information that is privileged or confidential, if you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00050319-00002