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Message From: Sent: To: CC: Subject: Bromberg, Kevin L. [kevin.bromberg@sba.gov] 4/12/2018 3:03:17 PM Christopher Zarba [________x. 6 _______ j Beck, Nancy [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=168ecb5184ac44de95a913297f353745-Beck, Nancy] RE: Chris Zarba Lunch Very funny From: Christopher Zarba [j Ex. 6 j Sent: Thursday, April 12, 2018 1i :03 AM To: Bromberg, Kevin L. Cc: Beck, Nancy Subject: Re: Chris Zarba Lunch You working people are so inflexible. 27th works for me. :-) Sent from my iPhone On Apr 12, 2018, at 10:06 AM, Bromberg, Kevin L. <kevin.bromberg(5)sba.gov> wrote: Next week is out for me. What about Friday April 27?- we can try again. From: Beck, Nancy \ mailto:Beck.Nancv@epa.qov1 Sent: Wednesday, April 11, 2018 6:53 PM To: Christopher Zarba Cc: Bromberg, Kevin L. Subject: RE: Chris Zarba Lunch Ok. I have meetings all Friday afternoon so coffee wont work. Chris-1 hope you are enjoying retirement! Nancy B. Beck, Ph.D., DABT Deputy Assistant Administrator, OCSPP P: 202-564-1273 ! Ex! 6 ! I_____________________________________________________________ I beck.nancy@epa.gov From: Christopher Zarbi Ex. 6 j Sent: Wednesday, Aprilll," 2018 6:45 PM To: Beck, Nancy <Beck.Nancv@epa.gov> Cc: kevin.bromberg@sba.gov Subject: Re: Chris Zarba Lunch Sorry I can't make it. My apologies. I am selling a rental property in VA and the only time that everyone can meet is 1:00 pm. I could come by for a afternoon coffee if anyone is around. Next week and tomorrow are wide open if you want to reschedule. Sent from my iPhone Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00045970-00001 On Apr 11, 2018, at 6:35 PM, Beck, Nancy <Beck.Nancy@epa.gov> wrote: Elephant and castle works for me. Nancy B. Beck, Ph.D., DABT Deputy Assistant Administrator, OCSPP -P:-2-0-2--5-6-4--1-27-3-- , _____Ex. 6_____ ! beck.nancy@epa.gov From: Bromberg, Kevin L. [mailto:kevin.bromberg@sba.gov] Sent: Wednesday, April 11, 2018 5:45 PM To: Beck, Nancy <Beck.Nancy@epa.gov>; Christopher Zarba Subject: RE: Chris Zarba Lunch Ex. 6 Reconfirming - we should do it: near Nancy - any ideas? Same place as last time? Kevin From: Beck, Nancy \ mailto:Beck.Nancy@epa.qov1 Sent: Tuesday, March 20, 2018 7:43 AM To: Christopher Zarba; Bromberg, Kevin L. Subject: RE: Chris Zarba Lunch Ok. I've penciled in the 13th. Lets see if it sticks! Nancy B. Beck, Ph.D., DABT Deputy Assistant Administrator, OCSPP P: 202-564-1273 ZZZiZZZZZ bec.k.nancy@epa.gov From: Christopher Zarbaj Ex. 6 Sent: Monday, March li'2D T87 :7 5 `PM To: kevin.bromberg@sba.gov Cc: Beck, Nancy <Beck.Nancy@epa.gov> Subject: Re: Chris Zarba Lunch I will give you a call tomorrow on the conflicts issue. The 13th works for me. Belize was wonderful. Got buckets of lion fish, had a close encounter with a huge shark, got lots of running in and the weather was perfect. On Mar 19, 2018, at 4:34 PM, Bromberg, Kevin L. <kevin.bromberg@sba.gov> wrote: Nancy and Chris : How about Friday April 6 or 13 for lunch? Chris hope you had a nice vacation in Belize. Chris, I've got a question about conflict of interest and public positions if you don't mind calling me, I'm in office tomorrow (202-205-6964) or working from home today Ex. 6 See text below. Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00045970-00002 Hope to see you all soon. Kevin From 2015 OIG report https://www.epa.gov/sites/production/files/201509/documents/20130911-13-p-0387.pdf: Disagreement OIG Recommendation No. 4: Designated Agency Ethics Official (see Endnote 1) to provide clarification or instruction to Deputy Ethics Officials for assessing whether public statements create an appearance of a lack of impartiality with respect to when the statements were made and the expert's role at the time of the statement. Agency's Response: Pursuant to 5 CFR 2638.203, the DAEO is responsible for managing the Agency's ethics program, including ensuring that EPA employees adhere to the conflict of interest statutes set forth in Title 18 of the United States Code and to the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635. The Standards of Ethical Conduct include, at 5 CFR Part 2635, Subpart E, specific provisions for "Impartiality in Performing Official Duties." The OIG recommendation falls outside the purview of federal ethics. These regulations set forth the standard that an employee is responsible, in the first instance, or identifying whether any of his "covered relationships" will cause a reasonable person with knowledge of the relevant facts to question his ability to carry out his official duties with respect to a specific party matter impartially. Typically, the SAB does not deal with "specific party" matters but rather with matters of general applicability. Further, a public statement does not fall within the "covered relationships" set forth at 5 CFR 2635.502, and therefore OGC ethics is not the responsible party overseeing these decisions. From a policy perspective, however, when an individual has made public statements about a matter that will be considered by the advisory panel that may raise a concern about whether the individual has an open mind. The agency's current Peer Review Handbook recommends that staff avoid selecting people for a peer review if they have publicly expressed an opinion on the matter to be considered by the peer review The Handbook also acknowledges the challenge of selecting advisory committee members who have the requisite experience or technical expertise and who have not made public statements. For this reason, the Handbook allows EPA the discretion to decide to include members who have made public statements. Kevin From: Beck, Nancy fmailto:Beck.Nancv@epa.qov1 Sent: Friday, February 02, 2018 10:41 AM To: Bromberg, Kevin L.; Zarba, Christopher Subject: RE: Chris Zarba Lunch Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00045970-00003 Always happy to join if I can make it work. Fridays are best for me. I'm presuming it will have to be after Chris' fabulous Belize trip. IRIS not so interesting to me--gotta keep my focus on TSCA, but I would come for the company. Nancy Nancy B. Beck, Ph.D., DABT Deputy Assistant Administrator, OCSPP P: 202-564-1273 ZZZZ1Z.Z.ZZZ] bec.k.nancy@epa.gov From: Bromberg, Kevin L. [mailto:kevin.bromberg@sba.gov1 Sent: Friday, February 2, 2018 10:31 AM To: Zarba, Christopher <Zarba.Christopher@epa.gov> Cc: Beck, Nancy <Beck.Nancy@epa.gov>; chriszarba@yahoo.com Subject: Chris Zarba Lunch Ex. 6 Nancy - I would love in a few weeks to have lunch with you and Chris to discuss IRIS and other issues.. I know you just had lunch with Chris but I know it would be fun for us to get together again. Next week, I'll try to suggest some dates if you'll agree - otherwise I'll just meet with Chris. Best, Kevin CimageOO1,png> Kevin Bromberg Assistant Chief Counsel for Environmental Policy <image002.png> SBA // Office of Advocacy 409 3rd St. SW, Washington, D.C. 20416 <image003.png> kevin.bromberg@sba.gov <image004.png> 202.48 1.2963 <image005.png> 202.205.6964 <image006.png> <image007.png><image008.png><image009.pngxi mage010.png> <mage011.pngximage012.pngximage013.pn g> Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00045970-00004 Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00045970-00005