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David M. (Max) Williamson [maxwilliamson@williamsonlawpolicy.com] 11/8/2017 2:11:02 PM Baptist, Erik [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=10fclb085eel4c6cb61db378356aleb9-Baptist, Er]; Schwab, Justin [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=eed0f609c0944cc2bbdb05df3al0aadb-Schwab, Jus] kharris@corn.org RE: Ag Biogenic C02
Erik, we certainly understand the bandwidth considerations. However, it's only the first week of November and if we push off to December with the holiday season we lose another two months, are not likely to see substantial progress until well into 2018.
As you know the agricultural community has been eager for a solution to inappropriate regulation of biogenic emissions since day one of theTrump Administration. We have three litigation matters in abeyance, which we have continued in abeyance at Mandy's request so everyone could work together in good faith without litigation pressure. We heard from Administrator Pruitt very early on that he was committed to a solution, but it's now month 10, and we are starting to see political dissatisfaction with the pace of addressing this issue from farm interests and Mid-West governors, which we had hoped to avoid through a prompt resolution. This is an easy fix and a would be a clear win for the Administrator, and once done it will clear EPA's docket for the more complicated issues and bigger challenges.
In this light, can we find a way to advance the biogenic resolution, in the midst of your many other competing demands on your time. I've not copied Mandy but perhaps you can talk it over with her and the Administrator.
Regards,
David M. p a x ) Williamson j Williamson Law + Policy, PLLC 1850 M Street NW, Suite 840 j Washington. D.C. 20036 j (202) 256-6155
www.wiHi&msani3w$c*ik:yrtt>m j new carbon f u im j bio j vCord j mop j
From: Baptist, Erik [mailto:baptist.erik@epa.gov] Sent: Tuesday, November 7, 2017 8:25 AM To: David M. (Max) Williamson <maxwilliamson@williamsonlawpolicy.com>; Schwab, Justin <Schwab.Justin@epa.gov> Cc: Motley, Judy <motley.judy@epa.gov>; kharris@corn.org Subject: RE: Ag Biogenic CO2
Max,
We are working on a few pressing deadlines this month. Can we reconnect next month to find a time that works? I still need to digest what you sent a few weeks ago.
Thanks,
Erik Baptist
Sierra Club v. EPA 18cv3472 NDCA
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Senior Deputy General Counsel Office of General Counsel U.S. Environmental Protection Agency 1200 Pennsyvlania Ave., NW Washington, DC 20460 (202)564-1689 bapt i s t e r ik @e p3.gov
From: David M. (Max) Williamson [maih:o:maxwiUiamson@wiUiarnsonlawpolicy.cQm1 Sent: Monday, November 6, 2017 9:42 AM To: Baptist, Erik <bjpiist.er.!k@.epa,ggy>; Schwab, Justin <Schwab.Justin@epa.gov> Cc: Motley, Judy cmotley.judy@epa.gov>; kharris@corn.org Subject: RE: Ag Biogenic CO2
All, could we schedule a second work session on the resolution of the biogenic issue this week or next?
We found the first session very productive.
Regards,
David M. {Max} Williamson j Williamson Law + Policy, PLLC
1850 M Street NW. Suite 840 i Washington, D.G, 20036 ; (202) 256-6155
!JH
j n&w carbon future j bio j vard j map j email
From: David M. (Max) Williamson Sent: Wednesday, October 25, 2017 10:20 AM To: 'Baptist, Erik' <baptist.erik@epa.gov>; Schwab, Justin <Schwab.Justin@epa.gov> Cc: Motley, Judy <motlev.iudv@epa.gov>; kharris@corn.org Subject: RE: Ag Biogenic CO2
CONFIDENTIAL
Justin and Eric, thanks again for taking the time last week to work through a legal analysis of the biogenic C02 issue. As discussed, to facilitate a resolution, we are sharing a legal analysis of the key regulatory actions (in Word format, attached) which forms the basis for our position that biogenic C02 has never properly been determined to be a pollutant subject to regulation for purposes of the Clean Air Act.
I am also sharing the Biogenic CO2 Coalition's comments on the Significance Rule proposal from the prior administration, as it contains a comprehensive narrative discussion of the coalition's legal and policy positions.
We look forward to having another "work session" to discuss this issue once you have a chance to study the issues in greater depth. Would you be available sometime the week of November 5?
Regards,
David M. {Max} Williamson j Williamson Law + Policy, PLLC
Sierra Club v. EPA 18cv3472 NDCA
Tier 1
ED 002061 00162810-00002
1850 M Street NW; Suite 840 : Washington, D.C. 20086 ; (202) 256-6155
From: Baptist, Erik [mailto:baptist.erik@epa.govl Sent: Friday, October 13, 2017 12:18 PM To: David M. (Max) Williamson <maxwilliamson@williamsonlawpolicy.com>: Schwab, Justin <Schwab.iustin@epa.gov> Cc: Motley, Judy <motley.judv@epa.gov> Subject: RE: Ag Biogenic CO2
Ok, let's plan for 1:30 p.m. that day.
Erik Baptist Senior Deputy General Counsel Office of General Counsel U.S. Environmental Protection Agency 1200 Pennsyvlania Ave., NW Washington, DC 20460 (202)564-1689 baptist.erik@epa.gov
From: David M. (Max) Williamson [mailto:maxwiinamson@wiliiamsonlawpolicy.com1
Sent: Friday, October 13, 2017 12:06 PM To: Baptist, Erik <baptist.erik@epa.gov>; Schwab, Justin <Schvj3bJusfin@ep3.gov> Cc: Motley, Judy <motley.judy@epa.gov> Subject: Re: Ag Biogenic C02
Erik, that can work - even better if we could start earlier we have a 3pm over at DOE. Thanks
David M. (Max) Williamson WILLIAMSON LAW + POLICY, PLLC 1800 K Street NW Suite 714 | Washington, D.C. [ (202) 256-6155 |
From: Baptist, Erik Sent: Friday, October 13, 2017 11:39 To: David M. (Max) Williamson; Schwab, Justin Cc: Motley, Judy Subject: RE: Ag Biogenic C02
Let's plan for Friday, October 20, at 2:00-3:00 p.m.
Thanks
Erik Baptist Senior Deputy General Counsel Office of General Counsel U.S. Environmental Protection Agency
Sierra Club v. EPA 18cv3472 NDCA
Tier 1
ED 002061 00162810-00003
1200 Pennsyvlania Ave., NW Washington, DC 20460 (202)564-1689
baptist.ersk@ e pa .gov
From: David M. (Max) Williamson [maiitoimaxwilliamsongpwiUiarnsonlawpolicy.cQml Sent: Friday, October 13, 2017 5:45 AM To: Baptist, Erik <baptist.erik@epa.gov>; Schwab, Justin <Schwab.Justin@epa.gov> Subject: RE: Ag Biogenic CO2
Thanks, Erik, I look forward to talking.
I could do morning o f . . .
Friday, Oct 20 (outside the proposed range but a Friday) Mon Oct 23 Tues Oct 24 (morning) Fri Oct 27 is a possibility but probably by phone only
Best regards,
David M. (Max) Williamson Williamson Law + Policy, PLLC 1850 M Street NW, Suite 840 j Washington, D C. 20036 j (202) 256-6155
www.wiliianrisoni3wpoiicy.com | new carbon future | bio j vCard | map j email
Iff!
From: Baptist, Erik [mailto:baptisterik@epa.gov1 Sent: Friday, October 13, 2017 12:24 AM To: David M. (Max) Williamson <fri3xwillSamson@williamsonl3wpolicY.com>; Schwab, Justin <Schwab.Justin@epa.gov> Subject: RE: Ag Biogenic CO2
Max,
Apologies for the delayed response. Is there a day during the week of October 23-27 that works best for you? Fridays are usually best for us.
Thanks,
Erik Baptist Senior Deputy General Counsel Office of General Counsel U.S. Environmental Protection Agency 1200 Pennsyvlania Ave., NW Washington, DC 20460 (202)564-1689 bapfist.erik@ep3.gov
Sierra Club v. EPA 18cv3472 NDCA
Tier 1
ED 002061 00162810-00004
From: David M. (Max) Williamson [maiito:rnaxwniiamson@wiSliamsonSawpoSicy.corn1 Sent: Wednesday, October 4, 2017 8:17 AM To: Schwab, Justin <Schwab.Justin@epa.gov>; Baptist, Erik <baptisterik@epa.gov> Subject: Ag Biogenic C02
Justin and Erik, following on a telecon with Mandy, I'd like to offer to sit down with you and walk through our legal analysis of the biogenic C02 policy, which led us to the conclusion that re-interpreting the endangerment finding was the most sensible solution to this issue which has the ag community inflamed.
Could we convene a small working group (no more than 3-4) for an in-person sit down?
Regards,
David M. p a x ) Williamson :Williamson Law + Policy, PLLC
1850 MStreet NW, Suite 840 :Washington, D.C. 20086 ; (202) 256-6155
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