Document z1y9vaQeobZg9rQ4xJ4JM7Og

Message From: Sent: To: Subject: Kelly, Albert [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=08576E43795149E5A3F9669726DD044C-KELLY, ALBE] 10/25/2017 7:11:29 PM Kevin Murray [KRMurray@hollandhart.com] RE: Superfund task force - CERCLA efficiency Thank you for the inquiry. We are still in the development of critical pathway mode. However, we are seeing the use now of the PPAs and you are correct it is a proper and great idea. I will keep you advised as we proceed to completion on your other inquires. Please call or email anytimg Albert Kelly Senior Advisor to the Administrator 1200 Pennsylvania Avenue, NW Washington, DC 20460 i Ex. 6 ! From: Kevin Murray [mailto:KRMurray@hollandhart.com] Sent: Wednesday, October 25, 2017 3:00 PM To: Kelly, Albert <kelly.albert@epa.gov> Subject: RE: Superfund task force - CERCLA efficiency Albert I hope you are doing well. I have appreciated the Task force recommendations and the administrator's focus on this issue. Is there any further information on: The numerous references to written agency directives on the various recommendations The list of NPL sites to target for completion, Has there been any movement on the re-use of Prospective purchaser agreements (great idea) and the revised model comfort letter (redevelopment is a central portion of my practice and this would be huge), and Who will be asked to be on the advisory committee discussed in recommendation 42 Thanks again for your time and work on this matter. Kevin Kevin R Murray Partner Holland & Hart LLP 222 South Main Street, Suite 2200 Sait Lake City, UT 84101 Phone Fax (801) 618-4123 Mobile d Z Z Z Z i Z Z Z Z Z j E-mail: krmurrav@hollandhart.com HOLLAND&HARX ^ CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent fo you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00116813-00001 From: Kevin Murray Sent: Tuesday, June 06, 2017 5:07 PM To: 'Kelly, Albert' Subject: RE: Superfund task force - CERCLA efficiency Albert I appreciated speaking with you last week. As you may recall, I mentioned that one of the things I believe would make CERCLA more efficient would be the abiiity to get to a remedy decision quicker, i remain convinced that this is not a statutory amendment but rather a rule modification. One possible avenue is the use of a study focused soleiy on limited remedial alternatives where the remedy is obvious perhaps because (i) there are limited options or (ii) certain facts dictate an obvious solution. This concept already exists within ERA guidance, "Site-specific data needs, the evaluation of aiternatives, and the documentation of the selected remedy should reflect the scope and complexity of the site problems being addressed." 40 C.F.R. 300.430(a)(l)(ii)(C). Additionally, ERA has indicated that "[a] more streamlined analysis during an RI/FS may he particularly appropriate" when site problems are straightforward; when ARARs, guidance or program precedent indicate a limited range of appropriate response alternatives; and when many alternatives are clearly impracticable due to severe implementataility problems or prohibitive costs. 55 Fed. Reg. 8704. This is often referred to as a focused Remedial investigation (Rl), focused Feasibility Study (FS), or the like; however, I do not beiieve that the concept of a focused RI or FS currently exists in the NCR or other rules and therefore lacks a clear definition. The possibility of performing a focused Rl or FS where the parties would agree to and identify the remedial action aiternatives to be considered for the site and then all subsequent analysis would focus on just those alternatives, could improve efficiency. For example the procedure would allow the parties to eliminate the development and screening of all remedial alternatives, or, in the Rl scenario, shorten data gathering needs and potentially report preparation. The devil is always in the details, but I believe this concept is valid. Kevin Kevin R Murray Partner Holland & Hart LLP 222 South Main Street, Suite 2200 Salt Lake City, UT 84101 Phone lZ Z T T IL E 'Z 'Z 'Z j Fax (801) 618-4123 Mobile sI_______E_x________ !i E-mail: krmurrav@mac.com H O L LAN D& Ii ART ^ CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you beiieve that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00116813-00002 From: Kelly, Albert i mailto:kellv.albert@epa.QOvl Sent: Wednesday, May 31, 2017 7:32 AM To: Kevin Murray Subject: RE: Superfund task force Why don't you call me when you free up after 330 your time. Will that work? Albert Kelly Senior Advisor to the Administrator 1200 Pennsylvania Avenue, NW Washington, DC 20460 From: Kevin Murray [mailto:KRMurray@hollandhart.com1 Sent: Wednesday, May 31, 2017 9:25 AM To: Kelly, Albert <kellv.albert@epa.gov> Cc: Dravis, Samantha <dravis.samantha@epa.gov> Subject: Re: Superfund task force If these times do not work I may be able to rearrange some time before 11 today, regards, Kevin Ex. 6 ! Sent from my iPhone On May 31, 2017, at 6:50 AM, Kevin Murray <KRMurray@hollandhart.com> wrote: I would welcome the opportunity to chat. I am available Today 11:30 to 2:30 or after 3:30. Tomorrow before 12, Friday anytime. (Mountain Time). regards, Kevin fL_______E_x__. _6_______ )! Sent from my iPhone On May 31, 2017, at 5:54 AM, Kelly, Albert <kellv.albert@epa.gov> wrote: Hello Mr. Murray. Perhaps we can visit at your convenience. Please give me some available times. Sent from my iPad On May 31, 2017, at 7:41 AM, Dravis, Samantha <dravis.samantha@epa.gov> wrote: Thank you, Kevin. I am copying in Mr. Kelly, who is in charge of the Task Force and can respond to the inquiry. Thank you so much for the interest. Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00116813-00003 From: Kevin Murray [mailto:KRMurray@hollandhart.com1 Sent: Tuesday, May 30, 2017 5:33 PM To: Dravis, Samantha <dravis.samantha@epa.gov> Subject: RE: Superfund task force Samantha Bill Myers sent my resume to you last week indicating an interest that 1 expressed at serving on the Superfund Task Force. 1would indeed like the opportunity to do so. In addition to my bio that Bill forwarded to you, I have attached a recent speaker bio that may be of use. Please let me know if you have any questions, of if there is any other information 1 could provide. Regards, Kevin Kevin R Murray Partner Holland & Hart LLP 222 South Main Street, Suite 2200 Sa It Lake City,_ UT _84101 Phone i __.7-- S J ______ I Fax (801) 618-4123 Mobile CZZZX^ZZZZI E-mail: krmurray@mac.com <image001.gif> CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, to the sender that you received the message in error; then please delete this e-mail. Thank you Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00116813-00004