EPA-17-0193 and EPA-17-0194-A-000001
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000003-00001

 EPA-17-0193 and EPA-17-0194-A-000002
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000003-00002

 EPA-17-0193 and EPA-17-0194-A-000003
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000007-00001

 EPA-17-0193 and EPA-17-0194-A-000004
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000007-00002

 EPA-17-0193 and EPA-17-0194-A-000005
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000007-00003

 EPA-17-0193 and EPA-17-0194-A-000006
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000009-00001

 EPA-17-0193 and EPA-17-0194-A-000007
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000009-00002

 EPA-17-0193 and EPA-17-0194-A-000008
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000009-00003

 EPA-17-0193 and EPA-17-0194-A-000009
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000009-00004

 EPA-17-0193 and EPA-17-0194-A-000010
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000011-00001

 EPA-17-0193 and EPA-17-0194-A-000011
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000011-00002

 EPA-17-0193 and EPA-17-0194-A-000012
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000011-00003

 EPA-17-0193 and EPA-17-0194-A-000013
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000011-00004

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Price, Wendi (lnhofe)
Tue 6/13/2017 7:08:50 PM
RE: Is there a red line of this I could get for Pruitt?

OK. Its sitting on my desk.
-----Original Message----From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Tuesday, June 13, 2017 2:25 PM
To: Price, Wendi (lnhofe) <Wendi_Price@inhofe.senate.gov>
Subject: RE: Is there a red line of this I could get for Pruitt?
Thank you. I didn't see this. This is great. I can come get it.
-----Original Message----From: Price, Wendi (lnhofe) [mailto:Wendi_Price@inhofe.senate.gov]
Sent: Tuesday, June 13, 2017 12:29 PM
Ex. 6 - Personal Privacy
To: Ryan Jackson i
<jackson.ryan@epa.gov>
Subject: FW: Is there a red line of this I could get for Pruitt?

I Jackson, Ryan
'

Hey! Just wanted to make sure you saw this email? Would you like me to have someone run this down to
your office or do you want to pick it up?
-----Original Message----From: Price, Wendi (lnhofe)
Sent: Thursday, June 08, 2017 1 :13 PM
To: 'Jackson, Ryan' <jackson.ryan@epa.gov>; Holland, Luke (lnhofe)
<Luke_Holland@inhofe.senate.gov>
Subject: RE: Is there a red line of this I could get for Pruitt?
Look what we have back. I have it sitting on my desk. Let me know if you or someone want to pick it up
or how we should get to you.

-----Original Message----From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, June 07, 2017 2:03 PM
To: Holland, Luke (lnhofe) <Luke_Holland@inhofe.senate.gov>; Price, Wendi (lnhofe)
<Wend i_Price@inhofe .senate .gov>
Subject: Is there a red line of this I could get for Pruitt?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000014
ED_ 001686B _ 00000014-00001

 Jackson, RyanUackson.ryan@epa.gov]
Good, Linda (Cochran)
Sent:
Tue 6/6/2017 6:23:46 PM
Subject: FW: Resume for open position
!Ex. 6- Personal Privacy Resume.pdf
To:

From:

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

One more time?

From: Good, Linda (Cochran)
Sent: Tuesday, June 06, 2017 12:58 PM
To: 'jackson.ryan@epa.gov' <jackson.ryan@epa.gov>
Subject: FW: Resume for open position

Trying again - I never got a kickback? Please confirm you received this .

From: Good, Linda (Cochran)
Sent: Tuesday, May 23, 2017 9:03 AM
To: 'jackson.ryan@epa.gov'
Subject: Resume for open position

Ryan - It was good to talk to you yesterday and to hear you have made a smooth transition to
EPA. Administrator Pruitt appears to be a solid man and should do a good job for EPA.

I am happy to forward

i

Ex. 6

-L

i

i
Personal Priva,cy

Ex. 6 - Personal Privacy

!resume.

Ex. 6 - Personal Privacy
!

l
,

'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

Ex. 6 - Personal Privacy
AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000015
ED_ 001686B _ 00000015-00001

 I will continue to forward any suitable candidates to you and wish you the best in your new
position.

Linda

LINDA GOOD
Deputy Chief of Staff

OFFICE OF UNITED STATES SENATOR THAD COCHRAN
113 Dirksen Senate Office Building I Wash ington, DC 20510
Direct phone: 202.224.6406

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000016
ED_ 001686B _ 00000015-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Holland, Luke (lnhofe)
Tue 6/13/2017 6:49:33 PM
Region 6

Who do you want us to tell the WH we want for Region 6@ EPA? They're asking who we
want.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000017
ED_ 001686B _ 00000017-00001

 Jackson, RyanUackson.ryan@epa.gov]
Pfrang, Steve
Sent:
Tue 6/6/2017 6:21:12 PM
Subject: FW: Rep. LaHood Constituent Meeting Request
Letter to LaHood for Doug Brown.pdf
To:

From:

Hey buddy - wanted to follow-up on this email from last week Friday. Realize it hasn't been that
long since I first emailed, but the locals are getting a little antsy since it's next week and I said I
would follow-up . If you could push me to someone else on your team, that would be fine, I just
only know you, so not sure who else to reach out to.

Thanks Ryan!

Steve

From: Pfrang, Steve
Sent: Friday, June 2, 2017 3:37 PM
To: Jackson.ryan@epa.gov
Subject: Rep. LaHood Constituent Meeting Request

Hey Ryan-

Hope all is well with you! Attached is a meeting request from the Chief Utility Engineer in
Springfield, IL (in our district) who is going to be in DC June 14-16 and would like to meet with
someone on your team regarding some water quality protection issues. His letter to Darin with
the meeting request is attached to this email. Is there any chance someone on your team might be
able to meet with him during one of the time slots he's available? Contact info for the
Springfield, IL Chamber is included in the attached document, it can be run through them or I'm
obviously happy to help as well.

Thanks for considering Ryan! Talk soon I'm sure -

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000018
ED_ 001686B _ 00000018-00001

 Regards,

Steve

Steven Pfrang
Ch ief of Staff
Rep. Dar in LaHood (IL-18)
202.226.0133

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000019
ED_ 001686B _ 00000018-00002

 ~5
QUANTUM GROWTH
PARTNEISHIP

June 2, 2017
The Honorable Darin LaHood
Congressman 18th District
1424 Longworth HOB
Washington, DC 20515
Dear Congressman LaHood:
Thank you for all the work you and your staff has done to help assist us with our community
leader's annual trip to Washington DC. Doug Brown, Chief Utility Engineer for Springfield City
Water Light & Power (CWLP) will be joining us on this trip which is scheduled for June 14 June 16. Doug would appreciate your assistance on talking to officials within the Environmental
Protection Agency regarding water quality protection for Lake Springfield as well as a secondary
source of water for the City.
Dour Brown is currently available during the times listed below, although we still need to
schedule a time to meet you and Congressman Davis:
June 14, 2 - 4 pm
June 15, 8 am - 1 pm
June 16, 8 am- 10 am
Please let us know if you have any questions or concerns and thank you again for your
consideration.
Sincerely,

Josh Collins
Director of Business & Community Development

lead• lnlluence
• lm1ac1
t reet • Sp ringfield • IL 62704 • T: (217) 525-1173 • F: (217) 525-8768 • W : www .gscc.org

EPA-17-0193 and EPA-17-0194-A-000020

American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000019-00001

 Hupp, Sydney[hupp.sydney@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]; Hupp, Millan[hupp.millan@epa.gov]; McMurray,
Forrest[mcmurray.forrest@epa.gov]
From:
Gourdikian, Alexandra
Sent:
Tue 6/13/2017 12:57:32 PM
Subject: RE: Leader McCarthy Phone Call Request
To:
Cc:

Great, thanks. What is the best number to call?
-----Original Message----From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
Sent: Tuesday, June 13, 2017 8:23 AM
To: Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>; McMurray, Forrest
<mcmurray.forrest@epa.gov>
Subject: RE: Leader McCarthy Phone Call Request
Yes, it does! I believe you are planning to call our office? Apologies as I was out yesterday, have you
been given the call in information?
Thank you!

Sydney Hupp
Executive Scheduler
Office of the Administrator

L

Ex. _a_-_Personal
_Privacy_[c)

-----Original Message----From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
Sent: Tuesday, June 13, 2017 7:58 AM
To: Hupp, Sydney <hupp.sydney@epa.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>; McMurray, Forrest
<mcmurray.forrest@epa.gov>
Subject: RE: Leader McCarthy Phone Call Request
Hi all-- checking in does 2:45PM ET today, June 13 work for a phone call? Thanks!
-----Original Message----From: Gourdikian, Alexandra
Sent: Monday, June 12, 2017 4:58 PM
To: 'Hupp, Sydney' <hupp.sydney@epa.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>; McMurray, Forrest
<mcmurray.forrest@epa.gov>
Subject: RE: Leader McCarthy Phone Call Request
Yes- does 2:45PM ET tomorrow, June 13 work?
-----Original Message----From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
Sent: Monday, June 12, 2017 4:52 PM
To: Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>; McMurray, Forrest
<mcmurray.forrest@epa.gov>
Subject: Re: Leader McCarthy Phone Call Request

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000021
ED_ 001686B _ 00000024-00001

 Hey Alexandra,
I don't think he is going to be able to make the call. So so sorry for the last minute. Can we look at
scheduling for tomorrow?
Thank you!
Sent from my iPhone
> On Jun 12, 2017, at 3:40 PM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov> wrote:
>
> Any update here? Are we still on schedule for a call at 5:00PM? Thanks!
>
> -----Original Message----> From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
> Sent: Monday, June 12, 2017 10:45 AM
> To: Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>; Hupp, Sydney
<hupp.sydney@epa.gov>
> Cc: Hupp, Millan <hupp.millan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
> Subject: RE: Leader McCarthy Phone Call Request
>
> I'll have to get back with you.
>
> -----Original Message----> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
> Sent: Monday, June 12, 2017 10:44 AM
> To: Jackson, Ryan <jackson.ryan@epa.gov>; Hupp, Sydney <hupp.sydney@epa.gov>
> Cc: Hupp, Millan <hupp.millan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
> Subject: RE: Leader McCarthy Phone Call Request
>
> It'd be best if the Leader could initiate the call, in case we are running a few minutes behind. What's the
best number for the Administrator? Thanks!
>
> -----Original Message----> From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
> Sent: Monday, June 12, 2017 9:42 AM
> To: Hupp, Sydney <hupp.sydney@epa.gov>
> Cc: Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>; Hupp, Millan
<hupp.millan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
> Subject: Re: Leader McCarthy Phone Call Request
>
> The Administrator arrived back later than we thought. I need to connect with him today on this.
>
>
> Ryan Jackson
> Chief of Staff
> U.S. EPA
> !_ Ex._6 - Personal_Privacy_j
>
» On Jun 12, 2017, at 9:35 AM, Hupp, Sydney <hupp.sydney@epa.gov> wrote:
>>
>> Good morning! Following up on this. What number should we call this afternoon?
>>
>> Thanks!
>>
>> Sent from my iPhone

------------

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000022
ED_ 001686B _ 00000024-00002

 >>
»> On Jun 8, 2017, at 4:48 PM, Hupp, Sydney <hupp.sydney@epa.gov> wrote:
>>>
»> Let's do it! Should we call you?
>>>
>>> ------»> Sydney Hupp
>>> Executive Scheduler
>>> Office of the Administrator
>>4 Ex. 6 - Personal Privacy ( C)
>>;·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
>>> -----Original Message---->>> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
»> Sent: Thursday, June 8, 2017 5:37 PM
»> To: Hupp, Sydney <hupp.sydney@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>
>>> Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
»> OK, what about 5:00PM ET? The Leader is in weekly leadership meetings all afternoon on Monday.
>>>
>>> -----Original Message----»> From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
»> Sent: Thursday, June 08, 2017 5:36 PM
»> To: Gourdikian, Alexandra; Hupp, Millan
>>> Cc: Jackson, Ryan; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> Unfortunately, that one doesn't work on our end. Is there any other availability in the afternoon?
>>>
>>> ------»> Sydney Hupp
>>> Executive Scheduler
>>> Office of the Administrator
> > > i Ex. 6 - Personal Privacy XC)
>>>
>>> -----Original Message---->>> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
»> Sent: Thursday, June 8, 2017 5:30 PM
»> To: Hupp, Sydney <hupp.sydney@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>
>>> Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> No, unfortunately that does not work for the Leader. What about 9:30AM ET on Monday, June 12?
>>>
>>> -----Original Message----»> From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
»> Sent: Thursday, June 08, 2017 5:20 PM
»> To: Gourdikian, Alexandra; Hupp, Millan
>>> Cc: Jackson, Ryan; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> Any chance we could make it 2:45EST?
>>>
>>> ------»> Sydney Hupp
>>> Executive Scheduler

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000023
ED_001686B_ 00000024-00003

 >>> Office of the Administrator
> > > L~-~~~-~!.~.~~~~-~~~~~~~:J( C)
>>>
>>> -----Original Message---->>> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
»> Sent: Thursday, June 8, 2017 5:17 PM
»> To: Hupp, Sydney <hupp.sydney@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>
>>> Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
»> OK, does 2:00PM ET on Monday, June 12 work?
>>>
>>> -----Original Message----»> From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
»> Sent: Thursday, June 08, 2017 5:10 PM
»> To: Gourdikian, Alexandra; Hupp, Millan
>>> Cc: Jackson, Ryan; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> Hey Alexandra,
>>>
>>> Just talked with Millan and it looks like tomorrow isn't going to work now. So sorry! Can we look at
some times for next week?
>>>
>>> Thank you!
>>>
>>> ------»> Sydney Hupp
>>> Executive Scheduler
>>>,.Qffice_of.1ba.Ad
min istrator
•
i
> > >! Ex. 6 - Personal Privacy !(C)
> > >L·-·-·-·-·-·-·-·-·-·-·-·-·-·-i
>>> -----Original Message---->>> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
»> Sent: Thursday, June 8, 2017 5:03 PM
»> To: Hupp, Sydney <hupp.sydney@epa.gov>; Hupp, Millan <hupp.millan@epa.gov>
>>> Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Duncan, Chris <Chris.Duncan@mail.house.gov>
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> The Leader had a change in schedule tomorrow, June 9 and will now be available at 11 :30AM
PT/8:30PM ITALY time. Millan, please let me know whether or not this works for Administrator Pruitt.
Thanks!
>>>
>>> -----Original Message---->>> From: Gourdikian, Alexandra
»> Sent: Thursday, June 08, 2017 4:44 PM
»> To: 'Hupp, Sydney'; 'Hupp, Millan'
>>> Cc: 'Jackson, Ryan'; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
»> Thank you Sydney. Millan- please confirm when possible. Thanks!
>>>
>>> -----Original Message----»> From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
»> Sent: Thursday, June 08, 2017 4:02 PM
»> To: Gourdikian, Alexandra; Hupp, Millan

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000024
ED_001686B_ 00000024-00004

 >>> Cc: Jackson, Ryan; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>> Hey Alexandra,
>>>
>>> I am not on the ground with them, but from what I know I believe 7PM Italy time works. As of
yesterday they were scheduled to have a dinner meeting at 7:30 but 7PM looks clear. I know things can
change on the ground pretty quickly but I would plan on calling then unless you hear differently from
Millan.
>>>
>>> Thank you!
>>>
>>> ------»> Sydney Hupp
>>> Executive Scheduler
>>> Office of the Administrator
>>>j Ex. 6 - Personal Privacy ~ C)
>> >'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
>>> -----Original Message---->>> From: Gourdikian, Alexandra [mailto:Alexandra.Gourdikian@mail.house.gov]
»> Sent: Thursday, June 8, 2017 3:52 PM
»> To: Hupp, Millan <hupp.millan@epa.gov>
>>> Cc: Hupp, Sydney <hupp.sydney@epa.gov>; Jackson, Ryan <jackson.ryan@epa.gov>; Duncan,
Chris <Chris.Duncan@mail.house.gov>
»> Subject: RE: Leader McCarthy Phone Call Request
>>>
>>>Millan-are we able to confirm this call for tomorrow, June 9? Please advise. Thanks!
>>>
>>> -----Original Message---->>> From: Gourdikian, Alexandra
»> Sent: Thursday, June 08, 2017 1:50 PM
»> To: 'Hupp, Millan'
>>> Cc: 'Hupp, Sydney'; 'Jackson, Ryan'; Duncan, Chris
»> Subject: RE: Leader McCarthy Phone Call Request
>>> Importance: High
>>>
>>> OK, I think there was a misunderstanding. I have this call on the Leader's calendar for Friday, June
9 at 10AM/7PM ITALY time as I confirmed below. Please let me know if that is possible. Thanks!
>>>
>>> -----Original Message----»> From: Hupp, Millan [mailto:hupp.millan@epa.gov]
»> Sent: Thursday, June 08, 2017 1:47 PM
>>> To: Gourdikian, Alexandra
>>> Cc: Hupp, Sydney; Jackson, Ryan; Duncan, Chris
»> Subject: Re: Leader McCarthy Phone Call Request
>>>
>>> Alexandra -- we never received a call from the Leader. I am so sorry but we will have to reschedule
for a later date. Thank you!
>>>
>>> Sent from my iPhone
>>>
>>>> On Jun 8, 2017, at 7:02 PM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
wrote:
>>>>
>>>> Thank you!
>>>>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000025
ED_ 001686B _ 00000024-00005

 >>>> -----Original Message----»»
From: Hupp, Millan [mailto:hupp.millan@epa.gov]
»»
Sent: Thursday, June 08, 2017 12:39 PM
>>>> To: Gourdikian, Alexandra
>>>> Cc: Hupp, Sydney; Jackson, Ryan; Duncan, Chris
»»
Subject: Re: Leader McCarthy Phone Call Request
>>>>
_____
>>>>_Alexandra -- if for some reason you all cannot get though to the Administrator, my number is
l_Ex. 6 _-_PersonalPrivacy

!

>>>>
>>>> Sent from my iPhone
>>>>
>>>>> On Jun 8, 2017, at 4:37 PM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
wrote:
>>>>>
»»>
Thank you. Topic is RFS and RINs. Thanks!
>>>>>
>>>>> -----Original Message----»»>
From: Hupp, Millan [mailto:hupp.millan@epa.gov]
»»>
Sent: Wednesday, June 07, 2017 6:26 PM
>>>>> To: Gourdikian, Alexandra
>>>>> Cc: Hupp, Sydney; Jackson, Ryan; Duncan, Chris
>>>>> Subject: Re: Leader McCarthy Phone Call Request
>>>>>
>>>>> Excellent. Thank you so much, Alexandra. The best number will be l Ex. 6 _-_Personal_Privacy 1
>>>>>
>>>>> Sent from my iPhone
>>>>>
>>>>>> On Jun 8, 2017, at 12:08 AM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
wrote:
>>>>>>
»»»
Thanks, Millan. We can confirm 10:00AM PT/7:00PM_ITALY.time_o~ Friday, June 9 on the
Leader's calendar. The Leader will call from his cell phone{_ Ex._a-_Personal_Privacy_ !Please provide the best
number for the Leader to reach Administrator Pruitt. I will get back to you shortly on topic.
>>>>>>
>>>>>> Also, I am looping in the Leader's District Scheduler, Chris Duncan, since the Leader will be in
California.
>>>>>>
>>>>>> Thanks!
>>>>>>
>>>>>> -----Original Message----»»»
From: Hupp, Millan [mailto:hupp.millan@epa.gov]
»»»
Sent: Wednesday, June 07, 2017 5:43 PM
>>>>>> To: Gourdikian, Alexandra
>>>>>> Cc: Hupp, Sydney; Jackson, Ryan
>>>>>> Subject: Re: Leader McCarthy Phone Call Request
>>>>>>
>>>>>> I am so sorry but unfortunately he will be in the middle of a dinner at that time. I will go ahead
and schedule the 10AM PT/7PM Italy on Thursday, June 8 if that still works on your end?
>>>>>>
>>>>>> Could we please arrange for Leader McCarthy to call the Administrator as dialing out has been a
little tricky for us? At your convenience, kindly let me know what number he will use.
>>>>>>
»»»
May I offer the Administrator an idea of the topic that Leader McCarthy would like to discuss?
>>>>>>
>>>>>> Thank you,

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000026
ED_001686B_ 00000024-00006

 >>>>>> Millan
>>>>>>
>>>>>> Sent from my iPhone
>>>>>>
>>>>>>> On Jun 7, 2017, at 11:28 PM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
wrote:
>>>>>>>
>>>>>>> Friday, June 9.
>>>>>>>
>>>>>>> -----Original Message----»»»>
From: Hupp, Millan [mailto:hupp.millan@epa.gov]
>>>>>>> Sent: Wednesday, June 07, 2017 4:43 PM
>>>>>>> To: Gourdikian, Alexandra
>>>>>>> Cc: Hupp, Sydney; Jackson, Ryan
>>>>>>> Subject: Re: Leader McCarthy Phone Call Request
>>>>>>>
>>>>>>> Alexandra,
>>>>>>>
»»»>
Would that 11AM PT be on Thursday or Friday?
>>>>>>>
>>>>>>> Thank you,
>>>>>>> Millan
>>>>>>>
>>>>>>> Sent from my iPhone
>>>>>>>
>>>>>>>> On Jun 7, 2017, at 8:18 PM, Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
wrote:
>>>>>>>>
>>>>>>>> Thanks, Millan.
>>>>>>>>
>>>>>>>> The Leader will be in his district in California on Friday. Any chance we could do the call at
11:ODAMPT/8:00PM Italy time? If not, we'll take 10AM PT/1 PM ET/7PM Italy time. Thanks!
>>>>>>>>
>>>>>>>>
>>>>>>>> Alexandra Gourdikian
>>>>>>>> Scheduler
>>>>>>>> Majority Leader Kevin McCarthy
»»»>>
Phone: (202) 225-4000
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> -----Original Message----»»»>>
From: Hupp, Millan [mailto:hupp.millan@epa.gov]
>>>>>>>> Sent: Wednesday, June 07, 2017 10:52 AM
>>>>>>>> To: Gourdikian, Alexandra
>>>>>>>> Cc: Hupp, Sydney; Jackson, Ryan
>>>>>>>> Subject: Re: Leader McCarthy Phone Call Request
>>>>>>>>
>>>>>>>> Sydney and Alexandra,
>>>>>>>>
>>>>>>>> Italy is 6 hours ahead of D.C. so we could do one of the following ...
>>>>>>>>
»»»>>
1PM EDT/7PM Italy on Thursday, June 8
>>>>>>>>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000027
ED_001686B_00000024-00007

 >>>>>>>> or
>>>>>>>>
»»»>>
12PM EDT/6PM Italy on Friday, June 9
>>>>>>>>
>>>>>>>> Thank you,
>>>>>>>> Millan
>>>>>>>>
>>>>>>>> Sent from my iPhone
>>>>>>>>
>>>>>>>>> On Jun 7, 2017, at4:20 PM, Gourdikian, Alexandra
<Alexandra.Gourdikian@mail.house.gov> wrote:
>>>>>>>>>
>>>>>>>>> Thank you all. Friday would work well if that's an option. Thanks!
>>>>>>>>>
>>>>>>>>> -----Original Message----»»»>»
From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
>>>>>>>>> Sent: Wednesday, June 07, 2017 10:10 AM
>>>>>>>>> To: Gourdikian, Alexandra
>>>>>>>>> Cc: Jackson, Ryan; Hupp, Millan
>>>>>>>>> Subject: RE: Leader McCarthy Phone Call Request
>>>>>>>>>
>>>>>>>>> Hi Alexandra,
>>>>>>>>>
»»»>»
The Administrator is traveling to Italy today so this could be slightly tricky. I am looping in our
Advance point who is handling his schedule once he is on the ground in Italy as well as our Chief of Staff
for his awareness. Millan, can we find 15 minutes in the next few days for the Administrator and Leader
McCarthy to speak on the phone?
>>>>>>>>>
>>>>>>>>> Thank you!
>>>>>>>>>
>>>>>>>>> ------>>>>>>>>> Sydney Hupp
>>>>>>>>> Executive Scheduler
>>>>>>>>> 1·-·-·-·-·-·-·-·-·-·-·-·-·-·-,
Office of the Administrator
>>>>>>>>> i Ex. 6 - Personal Privacy i (C)
>> >> >>> >> '-·-·-·-·-·-·-·-·-·-·-·-·-·-·'
>>>>>>>>> -----Original Message---->>>>>>>>> From: Hale, Michelle
>>>>>>>>> Sent: Tuesday, June 6, 2017 7:23 PM
>>>>>>>>> To: Gourdikian, Alexandra <Alexandra.Gourdikian@mail.house.gov>
>>>>>>>>> Cc: Hupp, Sydney <hupp.sydney@epa.gov>
>>>>>>>>> Subject: Re: Leader McCarthy Phone Call Request
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Copying our scheduler to check!
>>>>>>>>> Sent from my iPhone
>>>>>>>>>
>>>>>>>>>> On Jun 6, 2017, at 6:57 PM, Gourdikian, Alexandra
<Alexandra.Gourdikian@mail.house.gov> wrote:
>>>>>>>>>>
>>>>>>>>>> Hi Michelle- Leader McCarthy would to like speak with Administrator Pruitt sometime this
week if possible. Does the Administrator have time for a 15 minute phone call tomorrow, June 7 or
Thursday, June 8? Thanks!
>>>>>>>>>>
>>>>>>>>>> Alexandra Gourdikian
>>>>>>>>>> Scheduler

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000028
ED_ 001686B _ 00000024-00008

 >>>>>>>>>> Majority Leader Kevin McCarthy
>>>>>>>>>> 202-225-4000
>>>>>>>>>>
>>>>>>>>>> Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000029
ED_ 001686B _ 00000024-00009

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Maxwell, Josh
Mon 6/5/2017 8:52:34 PM
contact

Jeff Sands -

j Ex. 6 - Personal Privacy i
!-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!

ieffrey.sa nds@svngc nta.com

!___
Ex.__
6_-_Perso_nal_Privacy__
!

Josh Maxwell
Senior Professional Staff I House Agriculture Committee
Chairman K. Michael Conaway (TX-11)
1301 Longworth House Office Building I Washington, DC 20515
(202) 225-7456

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000030
ED_ 001686B _ 00000025-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Yamada, Richard
Mon 6/5/2017 3:08:22 PM
RE:

__
.lt!?O_k..~_J3y9_fJ._.::_.U1:!~.Lll~.Q_tt}~
__l?_
~-~~--~-.:'.-~~-r~?-~_<!1
__
~!~~~-<:¥
_________________
j
9ckg round investigation interview ,l__________________
iL--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
Ex. 6 - Personal Privacy
:Thanks again for all your help in this process, can't wait until next Monday!
Richard

Richard Yamada
Professional Staff Member I Committee on Science, Space, and Technology
U.S. House of Representatives 12319 Rayburn House Office Building
Washington DC, 20515
http://science.house.gov/
202-225-6371 (office)
202-226-0113 (fax)
-----Original Message----From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Monday, June 5, 2017 9:23 AM
To: Yamada, Richard <Richard.Yamada@mail.house.gov>
Subject:
Glad everything has come together.

Looking forward to having you here.

Ryan Jackson
Chief of Staff
,U .$ _EPA.
_________________________
.

! Ex. 6 - Personal

Privacy

i

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000031
ED_ 001686B _ 00000027-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Gray, Jonathan
Sun 6/4/2017 7:13:19 PM
Re:

Yes, just tried giving you a call. Feel free to call or text me.! Ex. s _Personal Privacy
i-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•

j
I

Sent from my iPhone
>
>
>
>
>
>
>
>

On Jun 4, 2017, at 2:34 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:
Do you have a moment to talk?

-----------Ryan Jackson
Chief of Staff
U.S. EPA

>i__
Ex. _6_
-_Personal _Privacy__
!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000032
ED_ 001686B _ 00000029-00001

 Jackson, RyanUackson.ryan@epa.gov]
Pfrang, Steve
Sent:
Fri 6/2/2017 7:36:36 PM
Subject: Rep. LaHood Constituent Meeting Request
Letter to LaHood for Doug Brown.pdf
To:

From:

Hey Ryan-

Hope all is well with you! Attached is a meeting request from the Chief Utility Engineer in
Springfield, IL (in our district) who is going to be in DC June 14-16 and would like to meet with
someone on your team regarding some water quality protection issues. His letter to Darin with
the meeting request is attached to this email. Is there any chance someone on your team might be
able to meet with him during one of the time slots he's available? Contact info for the
Springfield, IL Chamber is included in the attached document, it can be run through them or I'm
obviously happy to help as well.

Thanks for considering Ryan! Talk soon I'm sure -

Regards,

Steve

Steven Pfrang
Ch ief of Staff
Rep. Dar in LaHood (IL-18)
202.226.0133

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000033
ED_ 001686B _ 00000031-00001

 EPA-17-0193 and EPA-17-0194-A-000034
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000034-00001

 EPA-17-0193 and EPA-17-0194-A-000035
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000034-00002

 EPA-17-0193 and EPA-17-0194-A-000036
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000036-00001

 EPA-17-0193 and EPA-17-0194-A-000037
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000036-00002

 EPA-17-0193 and EPA-17-0194-A-000038
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000036-00003

 EPA-17-0193 and EPA-17-0194-A-000039
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000044-00001

 EPA-17-0193 and EPA-17-0194-A-000040
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000044-00002

 EPA-17-0193 and EPA-17-0194-A-000041
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000044-00003

 EPA-17-0193 and EPA-17-0194-A-000042
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000047-00001

 EPA-17-0193 and EPA-17-0194-A-000043
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 0000004 7-00002

 EPA-17-0193 and EPA-17-0194-A-000044
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 0000004 7-00003

 EPA-17-0193 and EPA-17-0194-A-000045
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 0000004 7-00004

 EPA-17-0193 and EPA-17-0194-A-000046
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 0000004 7-00005

 EPA-17-0193 and EPA-17-0194-A-000047
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000049-00001

 EPA-17-0193 and EPA-17-0194-A-000048
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000049-00002

 EPA-17-0193 and EPA-17-0194-A-000049
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000052-00001

 EPA-17-0193 and EPA-17-0194-A-000050
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000052-00002

 EPA-17-0193 and EPA-17-0194-A-000051
American Oversight v. EPA (18-cv-00364)

ED_001686B_00000052-00003

 EPA-17-0193 and EPA-17-0194-A-000052
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000053-00001

 EPA-17-0193 and EPA-17-0194-A-000053
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000053-00002

 EPA-17-0193 and EPA-17-0194-A-000054
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000053-00003

 EPA-17-0193 and EPA-17-0194-A-000055
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000056-00001

 EPA-17-0193 and EPA-17-0194-A-000056
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000056-00002

 EPA-17-0193 and EPA-17-0194-A-000057
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000056-00003

 EPA-17-0193 and EPA-17-0194-A-000058
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000056-00004

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Pawlowski, Michael (Murkowski)
Thur 6/8/2017 4:41 :20 PM
RE: Want to follow up on EPA Region 10

Thanks Ryan - how did things go with Chris?

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Thursday, June 8, 2017 12:25 PM
To: Pawlowski, Michael (Murkowski) <Michael_Pawlowski@murkowski.senate.gov>
Subject: Re: Want to follow up on EPA Region 10

I'm in Italy. But any calls to the WH to move it along is appreciated.

Ryan Jackson
Chief of Staff
U.S. EPA
.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

! Ex. 6 - Personal

Privacy

i

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

On Jun 8, 2017, at 11:59 AM, Pawlowski, Michael (Murkowski)
<Michael Pawlowski@murkowski.scnate.gQY > wrote:
Can you and I get a call on this today or tomorrow?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000059
ED_ 001686B _ 00000060-00001

 EPA-17-0193 and EPA-17-0194-A-000060
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000065-00001

 EPA-17-0193 and EPA-17-0194-A-000061
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000065-00002

 EPA-17-0193 and EPA-17-0194-A-000062
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000065-00003

 EPA-17-0193 and EPA-17-0194-A-000063
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000066-00001

 EPA-17-0193 and EPA-17-0194-A-000064
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000066-00002

 EPA-17-0193 and EPA-17-0194-A-000065
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000066-00003

 EPA-17-0193 and EPA-17-0194-A-000066
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000067-00001

 EPA-17-0193 and EPA-17-0194-A-000067
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000067 -00002

 EPA-17-0193 and EPA-17-0194-A-000068
American Oversight v. EPA (18-cv-00364)

ED_ 001686B _ 00000067 -00003

 To:
Cc:

From:
Sent:
Subject:

Holland, Luke (lnhofe)[Luke_Holland@inhofe.senate.gov]
Price, Wendi (lnhofe)[Wendi_Price@inhofe.senate.gov]
Jackson, Ryan
Wed 6/7/2017 6:10:21 PM
Re: Is there a red line of this I could get for Pruitt?

Thanks.

Ryan Jackson
Chief of Staff
U.S. EPA
:_Ex. 6_- Personal_ Privacy

j

> On Jun 7, 2017, at 2:09 PM, Holland, Luke (lnhofe) <Luke_Holland@inhofe.senate.gov> wrote:
>
> I'd think so. We'll find out and get it to you.
>
> Sent from my iPhone
>
» On Jun 7, 2017, at 2:04 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:
>>
>>
>>
» <IMG_0006.JPG>
>>
>>
>>
>>
----------->> Ryan Jackson
» Chief of Staff
» U.S. EPA
>~ Ex. 6 - Personal Privacy ]
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000069
ED_0016868_00000076-00001

 To:
luke_holland@inhofe.senate.gov[luke_holland@inhofe.senate.gov];
wendi_price@inhofe.senate.gov[wendi_price@inhofe.senate.gov]
From:
Jackson, Ryan
Sent:
Wed 6/7/2017 6:03:21 PM
Subject: Is there a red line of this I could get for Pruitt?
IMG 0006.JPG

ATT0000 1.txt

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000070
ED_ 001686B _ 00000077-00001

 Ryan Jackson
Chief of Staff
U.S. EPA

l__Ex._
6_- _Personal__
Privacy_]

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000071
ED_0016868_00000078-00001

  

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Good, Linda (Cochran)[Linda_Good@cochran.senate.gov]
Jackson, Ryan
Tue 6/6/2017 3:38:46 PM
RE: checking in

To:

From:
Sent:
Subject:

I didn't.

From: Good, Linda (Cochran) [mailto:Linda_ Good@cochran.senate.gov]
Sent: Tuesday, June 6, 2017 11:37 AM
To: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: checking in

Ryan - did you get my email with the attached resume or have any questions regarding e,_,.p"""''p'''"' !
to be sure the email reached you
L______________________
i

i-·-·-·-·-·-·-·-·-·-·-·-·~----·-i
I wanted

i Ex. 6 - Personal

Privacy

!

.

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

I'm still keeping my eyes open for other candidates to send your way, as well.

Thanks - Linda

LINDA GOOD
Deputy Chief of Staff
OFFICE OF UNITED STATE S SENATOR THA D COC HRAN
13 Dirksen Senate Office Building I Washington, DC 20510
Direct phone: 202.224.6 406

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000073
ED_ 001686B _ 00000080-00001

 To:

From:
Sent:

Jonathan. Gray@ma ii.house .gov[Jonathan. Gray@mail. house .gov]
Jackson, Ryan
Sun 6/4/2017 6:34:06 PM

Do you have a moment to talk?

Ryan Jackson
Chief of Staff
U.S. EPA

-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

'

! Ex. 6 - Personal

Privacy

'

!

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000074
ED_ 001686B _ 00000082-00001

 To:
luke_holland@inhofe.senate.gov[luke_holland@inhofe.senate.gov];
wendi_price@inhofe.senate.gov[wendi_price@inhofe.senate.gov]
From:
Jackson, Ryan
Sent:
Thur 6/1/2017 5:17:26 PM
Subject: Last minute, but whatever. .....

For scheduling purposes only:

All,

Thank you for expressing interest in attending today's Presidential announcement event in the
Rose Garden at 3 PM.

We ask, if you can attend, that you complete this link as soon as possible:
https://events.whitehouse.gov/form?rid=TTHJT3HDFV. Information should be inputted as
accurately as possible (please include full middle name). Any misspelled name or erroneous
birthday could deny entrance. Please be sure to bring a state/federal issued ID.

Also, please have all enter through the 17th St and State Place entrance, on the SW side of the
Eisenhower Executive Office Building (EEOB). The event begins promptly at 3 PM -- we ask
you arrive at 2:20-2:30 PM.

Staff will usher you from the gate to the Rose Garden.

Please send me an email when you have completed the necessary information, and feel free to
call mew/ questions.

Thanks so much!

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 Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency

l__
Ex_.
_6__
-. Perso_nal
__
Privacy _i

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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Mark Beebe
Wed 6/14/20171:26:56
PM
[Webinar] SAP Business Blueprint Auto-Generation

Webinar: SAP Business Blueprint Auto-Generation
Business blueprints created in Solution Manager te ll SAP how to implement your business processes . The
more detailed and accurate the blueprint, the more you get out of Solution Manager . Simple enough, right?
Unfortunately , no. Creating blueprints has traditionally been such a time consuming task that most
organizations have given up on the idea.
But what if you could automatically create and update blueprints in SAP Solution Manager 7.2?
Join us on June 21st at 10 :00am CDT (GMT-5) to learn how you can:
• Populate and update Business Blueprints automatical ly with Worksoft Analyze
• Leverage Blueprints to implement Business Process Change Analyzer (BPCA)
• Integrate the Worksoft platform with Solution Manager to provide a complete automated testing and
risk management solution

©2017'1/rJ;y r,'f I,
15851 Dallas Parkway Suite 855 Addison, Texas 75001

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 Ifyo

longer wish to receive

ee

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Steven Hughes
Wed 6/14/2017 1:14:12 PM
your certification options

MikeWe have two certification programs coming up in July and early August and I wanted to see if
you wanted to sign up for one.

Certified Government Performance Manager (CGPM)
On July 17-20, we're holding the next core course in this program covering Strategic Planning
and Performance Measurement for Government. This is the foundation course for the
certification - or you can simply receive a certificate in the core course topics. This program is
timely as it addresses the latest performance measurement and government reorganization
mandates in the FY 18 budget.

Govt Lean Six Sigma Green Belt (LSS)
On July 31 to August 4 we are offering our Government Lean Six Sigma certification course.
This will help you lead process improvement projects within your government agency and will
make you quite marketable long term in both government and the private sector.
Would you like to reserve a spot in either program? We have some discounts available if you
sign up in the next week or two. Let me know if you're interested, and I'll send you the materials.
Thanks,

Steven Hughes
Deputy Director, Outreach
The Performance Institute

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 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to flynn.mike@epa.gov.
Our mailing address is:
Performance Institute, LLC
1440 G St NW

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 Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book
unsubs cribe from this list I update subscription preferences

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Home Performance Coalition
Thur6/8/201712:31:28 PM
Announcing the 2017 Southeast Regional Home Performance Conference & Trade Show

_,
We are excited to join together with local host, South Carolina Building
Performance Association (SCBPA), to engage industry leaders along with
fellow weatherization professionals, home performance contracting
businesses, builders and remodelers, program administrators, and others
working in the residential energy efficiency industry for a cutting edge
educational experience at the 2017 HPC Southeast Regional Home
Performance Conference and Trade Show, September 28-29, 2017.
Now offering two-day or one-day options.
• DAY ONE, we offer you tailored sessions and a boutique-crafted trade
show.
• DAY TWO, you have the opportunity to join like-minded, regional peers for
a day of deeper discussions surrounding important local, SCBPA topics.
TD Convention Center
1 Exposition Dr.
Greenville, SC 29607

,_
Exhibit in South Carolina!
This trade show offers a unique marketing and
branding opportunity to showcase products,
equipment and services, while allowing you to
capture quality leads and expand your customer

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 g_ase.The trade show floor is the hub for
demonstrating new products and techniques,
providing immediate and future sales, as well as
product research and test marketing. Learn more
here.

,_

Become a Conference Sponsor!

Sponsor this event and raise your company's brand
awareness, support workforce development and
publicly demonstrate your commitment to energy
efficient, healthy, sustainable homes. Pick your
level of involvement or become a coveted Host
Sponsor. Learn more here.

Connect with us
Home Performance Coalition

I 844.370.57 48

E-mail I Website
Home Performance Coalition (HPC) 11424 K Street
Unsubscribe flynn.mike@epa .gov
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Sent by info@homeperformance.org
in collaboration
with

Suite 500,

PA 20005

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Steve Clemons
Fri 6/2/2017 8:47:12 PM
Agenda - 7th Annual Economy Summit - June 6th

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Thomas Koll (CEO)
Mon 6/12/2017 2:41 :40 PM
Using the New Windows Easy Transfer Replacement Software

How to use the new Windows Easy
Transfer replacementsoftware

To register for thew
1. Click here to

With the release of Windows 10, Microsoft no longer offers
Windows Easy Transfer but recommends software from
Laplink instead.

tion form,
tion and

If you relied on Windows Easy Transfer in the past, attend this
webinar to learn more about PCmover, the software that
Microsoft now recommends for PC migration.
We will sen
You should also attend if you are responsible for new PC
deployments/refresh projects regardless of the tools you have
used in the past.
Learn how to cost-effectively upgrade and deploy new PCs
with PCmover Enterprise - shown to save at least $300 for
each new PC deployed.
Whether you are planning to deploy Windows 10 (or are
already have a deployment in process) - or even if you are
still using Windows 7 or XP, invest 30 minutes and find out
how to save time and money with every new PC you deploy!

This email was sent to flynn.mike@epa.gov.
any time.

If you no longer wish to receive these emails you may unsubscribe at

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
New Pig Federal
Tue 6/6/2017 4:10:30 PM
Go ahead - take 15% off everything!

World's best stuff for leaks, drips and spills .®

Special Offer for Federal Customers
Yours FREE when you spend $199!

PIG Outdoor Drip Pad System

Grommeted pad holder covers large areas and stakes down to stay in place during long-term, outdoor
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 To:

From:
Sent:
Subject:

Flynn,Mike[Flynn.Mike@epa.gov]
Home PerformanceCoalition(HPC)
Fri 6/2/2017 7:22:07 PM
Leavingthe ParisAccordis a WrongheadedDecisionand Defies Science

•

Contact: Lindsay Bachman Flickinger
Home Performance Coalition
WWvv.homeperformance.org
Phone: (412) 424-0085

Leaving the Paris Accord is a Wrongheaded Decision and Defies
Science
Especially in Cities like Pittsburgh

June 2, 2017 - Pittsburgh, PA Yesterday, President T rump annou nced to the world that America
will rescind from the Paris accord leaving the U.S. diplomatically at odds with 194 cou ntries on
climate , taking the United States of America from "America First" to "America Alone" on climate
change and clean energy job crea tion . The preside nt said, "I was elec ted to represe nt the cit ize ns of
Pittsbu rgh, not Par is," suggesting that the peopl e of Pittsburgh and all across America desire dirty
coal and are anti-clean energ y . W ith offices in Wash ington D.C. and Pittsbu rgh, PA, the Home
Performa nce Coalition (HPC) takes issue wit h the president's views on clean energy , the
misrepresentatio n of the city of Pittsburgh, and also tha t fact that he is not eve n speaking for half, let
alone the majority of Americans.
In response to President Trump's twisted dep iction of Pittsburg h, Mayor Puduto tweeted, "As the
Mayor of Pittsb urgh, I can assure you that we will follow the guidelines of the Par is Ag reeme nt fo r
our people, our econ omy & future." Declaring Pittsburgh's promise to uphold the Paris accord,
Peduto joined 86 other mayors likewise committed to upholdi ng the agreeme nt.
"T rump can turn his back on the Paris accord but we will bring Paris to Pittsburgh and beyond

through educati on, policy,and outreach. That's the HPC way," sa id Lindsay Bachma n Flickinger,
Pittsburghborn and raised, Director of Marketing and Communicat ions. For example, in November,
HPC released its report, A Policymaker's Guide to Incorporating Existing Homes into Carbo n
Reduction Strategies and Clean Power Plan Compliance outliningways in whic h existinghomes are
a key aspect to carbo n reduction strategies,with deta ils on how they complementthe Clean Power
Plan (CPP) . Along w ith providinga succi nct and educational overview of how the residential
community fits into the CPP, this report demonst rates how state and loca l autho rities, like Mayor
Peduto and other officials, can move ahead to create jobs and reduce carbo n emissions through
residential energy efficiency .
"I grew up heari ng stories about the skies of Pittsburgh turning dark at noon and the rivers being
filled w ith soot and pollution . Since those days, our city has come so far in its revitalization, due in

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 large part, to its commitment to clean ene rgy and carbon reduction . Pittsburg h's environmental
turnaround is certainly one reason why our city continues to top so many "best of' lists- from most
livab le to best places to traveL Despite Preside nt Trump turni ng his back on the Paris accord, the
Clean Power Plan and the EPA, we in Pittsburgh remain committed to our role as leaders in clea n
energy and globa l responsibility ," said Nate Natale, Pittsburg h native-based, Vice President of
Educat ion and Events.
Also troubling is that this decision to withdraw is based on last century's economic thinking. This will
turn the U.S. back to yeste rday's economic policy and will be a drag on our businesses ' ability to
respond to the new economy of the 21st century . In aba ndoning the Paris accord, the U.S. will lose
out on new jobs and economic opportunitiesof the low-carbon, clean energy futu re. "Leaving the
Paris accord, is a wrongheadeddecision, defies science and aba ndons simple cheap easy ways to
cut CO2 through energy efficiency,"said Brian T. Castelli, President and CEO of HPC.

HPC, along with local Pittsburgh allies such as CCI, ReEnergize Pittsburghand the Will Allen
Foundation,as well as national partnerssuch as E4TheFuture, Efficiency First, Home Energy
Magazine and BPI will continue to fight for a clean energy future that ensures all homes, for all
Ame ricans, are healthy, comfortab le and energy efficient.
The Home Performance Coalition (HPC) is a non-profit 501c3 that advances policy change through
policymaker education, stakeholder engagement, researc h, trainings and confe rences for
companies, businesses and other stakeho lders in the home performance industry . For more
information, please visit www.homeperformance.org .
Home Performance Coalition 11424 K Street NW, Suite 500, Washington, DC 20005
Unsubscribe flynn .mike@epa.gov
About our service provider
Sent by info@homeperformance.org in collab o ration with
T ry it free today

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Sustainable City Network
Thur 6/1/2017 12:07:07 AM
Top News: Lean Urbanism Recalls a Simpler Time

View this e-mail in your browser.

Making Small Possible in a Red-Tape World
By Julianne Couch
A traffic jam in Miami suggests to some that modern
urbanization needs a reboot.

Over the last several decades, real estate developers and urban
designers have watched building code books swell from the size of
small booklets to the size of dictionaries.
Some say the increase in regulations has been essential to protect
life, limb and property. Others think politics, special interest groups
and neglect have supplanted common sense to create a hopelessly
complex array of outdated, expensive and unnecessary mandates
that serve to push small developers out of the marketplace
altogether.
The Project for Lean Urbanism, created by a nonprofit group of
architects, engineers, planners and policymakers, is trying to reverse
that trend. The group is launching pilot projects in four U.S. cities
with the goal of stimulating entrepreneurship and economic growth
by cutting red tape and providing free tools that make the
development process less intimidating for beginners. The four cities -

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 i-a~ ~~tctiJ~)i!l

ooga, Tenn., Saint Paul, Minn., and

~~'r,'rfcffl, C1a":~~t rl! chosen for their commitment to lowering the
barriers to small-scale economic development.

ikQJlUfd~stern Cities Where Solar Power Has a Big Payoff
SEATTLE -- Just because you don't live in the sunniest region of the
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Governor Announces $35 Million to Expand Af ter-Sch ool
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ALBANY, N.Y. -- Governor Andrew Cuomo announced $35 million in
funding available for high-need school districts across New York to
establish q ...

Study Documents Job Growth from Energy-Saving Tax
Incentive
WASHINGTON --As many as 77,000 new desig n and construction
jobs would be created annually over 10 years, along with almost
$7.4 billion ...

Indianapolis Recertifies and Becomes 4-Star Community
WASHINGTON -- Earlier this month, the city of Indianapolis, Ind.,
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STAR ...

NLC Reveals Top 10 Issues That Matter to Cities in 2017
WASHINGTON -- A comprehensive analysis of mayoral state of the
city speeches released by the National League of Cities finds that
econom ...

AMERICAN

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 &Drib ~tar
~a&in1.'vmlil
itroll1edtEV!tmemc(QlJa1iSpezna.com
WASHINGTON -- The U.S. Environmental Protection Agency
recently awarded $2,652,592 to the North Carolina Department of
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U.S. Sues Fiat Chrysler for Alleged Clean Air Act Violation
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National Tribal Energy Summit Explores Energy Sovereignty
WASHINGTON -- Representatives from tribal and state
governments, federal agencies, private industry, utilities, and
academia came togeth ...

EPA Stays Landfill Methane Rules
WASHINGTON -- The U.S. Environmental Protection Agency
announced a 90-day administrative stay for the August 2016 New
Source Performance ...

County W ins Seven National Association

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PHOENIX -- Seven Placer County programs won awards this year
from the National Association of Counties, recognizing innovation in
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Creativity

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FORT WORTH, Texas -- Scout Harrell won the most votes in the
Fort Worth Intersection Design Contest, so her pavement design will
be featured a ...

Studen t's Plans to "Disrup t " Ur ban Flooding Wins EPA
Award
WASHINGTON -- The U.S. Environmental Protection Agency has
announced the winner of its "Patrick H. Hurd Sustainability Award" is
Adam Na ...

Kaiser Permanente Honored Wi t h 17 Environmental

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OAKLAND, Calif. -- In recognition of its groundbreaking achievement
and innovation in health care sustainability, Kaiser Permanente, the
natio ...

Online Course

lean Thinking: Process Management Made

AMERICAN

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R Our L~a Mai;;ter certified instructor,.Brio
~cepts,
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AMERICAN

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 Sustainable City Network operates a website (www.sCityNetwork.com), customized e-newsletters, online trai
interactive tools dedicated to providing quality and timely information on sustainability products, services and
government, education and healthcare.

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 Privacy Policy I Contact Us I About Us

Privacy Policy I Contact Us I About Us

Privacy Policy I Contact Us I About Us

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Hewlett Packard Enterprise
Tue 6/6/2017 3:16:30 PM
New survey: IT decision-makers say hybrid IT delivers best of both worlds

Cloud & Hybrid IT

New survey: IT decision-makers say hybrid IT delivers best
of both worlds

Cloud & Hybrid IT

How to design software that doesn't crash when the
Internet connection fails

The first 5 things to do when your Linux server keels over

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 How not to get hacked by Mr. Robot

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 Articles you can't miss:

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 Networking _

How line-of-business tech spending is disrupting central IT
Analyt ics

The Intelligent Edge: What it is, what it's not, and why it's
useful
Emerging Tech

Three batteries that could power our future

Tech in the sticks: How technology is defining the future of
the rural world
Digita l Transformation

How to find and become a mentor in IT

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 EPA-17-0193 and EPA-17-0194-A-000106
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 Conference Happenings

Conference Hosts:

theast Re ional Home Performance
ce and Trade Show
HPC
OO-~~Jlf"',CW8~iJlllf~g@_ a variet~rm
conferences, demo nstrating HPC's com mi-tffila'e
cts, policy and educati on. We hope you a

eep ing with the Pest Free, "learn about the ha
e, we'd like to highlight the Weatherize & Ex
sented by Jay ne Windha m, Consultant and
EXHIBIT in

EPA-17-0193 and EPA-17-0194-A-000107
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 answers to these important questions: What is
HPXML?; Why is it important?; Who uses it?; a
~ow is it maintained?

,_

Click here to read the full article by
Deborah E. Miller HPC's Director of Busine
Development & Strategic Projects.

Philly.
nference Education
ittmar@homeperformance.org
hibit/Brand/Sponsor - Chris Docchio ector of Partner Relations
occhio@homeperformance.org

Introducing the 2017 HPC California Re io
Home Perfor manc e Co nf erence in Long
Beac h, Nov. 14-15.

Hilton Long Beach
701 W Ocean Blv d
Long Beach , CA

CALLING AL L EXHIBITORS
CALLING All

PRESENTER

The Call for Proposals is NOW OPEN!

Learn how YOU can et involved
Long Beach.
ram. Read the f ull article here.

workshop will cover three "P"s: Principles of sound cost-effectiveness assessment; the current Practice of co
tiveness testing (non-energy impacts included); and the Promise of the new industry landscape (energy
iency as an integrated resource, viewed in the context of broader energy policy, and new guidance on costtiveness). June 15, 2017 - Register here and learn more!

l's has a new Industry Pros Web Experience: www.bpi.org +Chec kout
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 ere members openly discuss topics concerning education, certification, field procedures, equipment, building
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e and become a member of the Home Performance Forum today .

Ip Home Energy Magazine Go Digital
r 30+ years of print publishing, Home Energy magazine is facing the same problem as all print media in a digit
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ittin the Paris Climate Pact in Historical Pers ective
ay Hakes, RealClear Energy
ne 2017
I last week, Richard Nixon was responsible for the two worst-conceived American ene rgy policies . On June 1,
aid Trump's an nounceme nt of U.S. withdrawal from the Paris Climate Acco rds displaced all competitors as th
t presidential initiative on ene rgy in ou r nation 's history

th of Environmental
Trump administration

may enfo rce restrictions

Reviews Under Infrastructure Pia

on the length of environmental

reviews as part of an

rt to streamline the project approval process in his $1 t rill ion inf rastructure package .

Poor Resu Its
e most part , building codes work well for new construction : if what you built doesn't meet "the code " it won 't
final inspection.

ou to our Sustainin

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Folio: Job Board
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 To:

From:
Sent:
Subject:

• •

Flynn, Mike[Flynn.Mike@epa.gov]
Oracle
Wed 6/14/201711:31:11 AM
Webcast & Live Chat: Digital Transformation and Hybrid Data Management

•

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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
National Environmental Health Association
Tue 6/6/2017 3:04:46 PM
[SPAM] NEHA 2017 AEC: Less Than 2 Weeks to Register to Exhibit

The National Environmental Health Association presents the
81st Annual Educational Conference (AEC) & Exhibition

Less than 2 weeks to register to showcase
your products and services to environmental
health professionals who impact buying
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What you receive as an exhibitor at the NEHA 2017 AEC:
• 10 x 10 space with side and back drapes
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For more information, call Soni Fink at (303) 802-2139, or go to
neha.o rg/aec/exhibition.

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 By exhibi ting at the NEHA 2017 AEC, you will have the opportunity

to:

•Meet face-to-face with your market
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The NEHA 2017 AEC is designed to train, educate, and
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National Environmental Health Association
720 S Colorado Boulevard
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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Oracle Corporation
Thur 6/8/2017 8:04:47 AM
Webcast & Live Chat: Best Practices to Speed Up Your Database Deployments

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 Flynn, Mike[Flynn.Mike@epa.gov]
Home Performance Coalition
Sent:
Mon 6/12/2017 11 :47:14 AM
Subject: Attend HPC's Southeast Regional Conference in S.C. & Submit session proposals for
California Regional & National 2018 conferences!
To:

From:

HPC currently has three upcoming conferences with unique opportunities for you to
exhibit, sponsor, learn & grow, brand & market while attending. Check out the 2017
Southwest Regional in South Carolina, the 2017 California Regional in Long Beach
and HPC's 2018 National Conference in Philly.

Don't delay; get involved in HPC conferences today.

We are excited to join together with local
host, South Carolina Building
Performance Association (SCBPA), to
engage industry leaders along with
fellow weatherization professionals,
home performance contracting
businesses, builders & remodelers,
program administrators, & others
working in the residential energy
efficiency industry for a cutting edge
educational experience at the

2017 HPC Southeast Regional
Home Performance Conference
and Trade Show
September 28-29, 2017

_,

DAY ONE, we offer you tailored
sessions & a boutique-crafted trade
show.
DAY TWO, you have the opportunity to
join like-minded, regional peers for a

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 day of deeper discussions surrounding
important local, SCBPA topics.
TD Convention Center
1 Exposition Dr.
Greenville, SC 29607

,_
Exhibit in S.C.!

,_

Offering a unique marketing & branding
opportunity to showcase products, equipment &
services, while allowing you to capture quality
leads & expand your customer base.
Learn more here.

Become a Conference Sponsor!

Sponsor this event & raise your
company's brand awareness, support
workforce development & demonstrate
your commitment to energy
efficiency. Learn more here.

2017 HPC California Regional Home
Performance Conference
Trade Show
November 14-15, 2017
Hilton Long Beach
701 W Ocean Blvd
Long Beach, CA

Registration coming soon!
,_
Call for Proposals

NOW OPEN
he HPC California Conference will feature sessions to enhance
your building science knowledge & skills, & share the most current
information and best practices for weatherization and home
performance operations, business and policy. Submit here today.

,_
Exhibit in California!
The trade sh<GalJ>fOis~~-g:lemonstrating

new products and

echniques, pro)tQ!:!ji:j~ti~i.frnd future sales,
product resear~~&teYi'nc:M.~'ting.

as~~IAr
strationComing SoonI
~

·

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 April 23-26, 2018.
Philadelphia Marriott Downtown
1201 Market Street
Philadelphia, Pennsylvania 19107

,_
Connect with us
he Home Performance Coalition is committed
o bringing individuals & organizations together
o build personal & professional development &
connections, enhance knowledge, & share the
most current information and best practices for
eatherization and home performance. Learn
more & submit your session proposal today.

Become a Conference Sponsor!
Pick your leve l of involvement or become a
coveted Host Sponsor. Check out the HPC's
Prospectus here .

Home Performance Coalition
844.370.57 48
E-mail I Website
Home Performance Coalition (HPC) 11424 K Street
Unsubscribe flynn.m ike@epa .gov
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Sent by info@homeperformance.org
in collaboration
with

Suite 500,

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 Flynn, Mike[Flynn.Mike@epa.gov]
Cryptzone
Tue 6/6/2017 2:56:49 PM
Where VPNs and Firewalls can fail at US Environmental Protection Agency

To:

From:
Sent:
Subject:

How VPNs and Firewalls Put Your Organization's Securit
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VPNs and Firewalls have traditionally been critical parts of every organization's IT security posture.
But today's security threats, employee work habits, and IT infrastructure hc;1veall changed to make
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The Cryptzone Team

Cryptzone
130 Turner Street, Suite 610 I Waltham, MA 02453
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I USA

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 From:
nicholas.campanella@ubs.com
Sent:
Fri 6/2/2017 1:18:50 PM
Subject: UBS: In Search of Western Opportunities(AVA, BKH, EE, ES, NJR, PCG, PEGI)
disclaim.txt

If you have found our research to be valuable, we wou ld appreciate your consideration for both the
==:.:....:..:::....:..:..:..:..:=~
and '--'-'-"-"--'--'-'--'--'-'-'--'--"---'"-'-'-"---'--'-'-£.
in the
Institutional Investor
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US Electric Utilities & IPPs
In Search of Western Opportunities
Please Click Here for the Full Note
California 1x1 Mini-Conference yields trove of datapoints across sector
We hosted our annual UBS West Coast Mini-Conference in SF & LA this week with investors and executives across utilities,
power, and renewables. We hosted a variety of companies including AGR, AVA, BKH, EE, ES, NJR, PCG, and PEGL The
focus was clearly on California utility policy given the slew of regulatory meetings as well including updates on both the Cost of
Capital case as well as key further capex items.
Where are we seeing some confidence in California? SONGS Settlement
Among the most notable elements in our latest California meetings was an emerging confidence that a settlement was quite
possible with respect to the long-standing SONGS situation between EIX and parties. We emphasize that despite the inclusion of
a wide array of parties including Aguire, progress remained ongoing and we note the latest August timeline with a mediator
bodes well for EIX. We continue to expect a further monetary payment in exchange for forgoing formally reopening the docket
Where are the challenges in California? EIX's rate case
We continue to perceive clear challenges to SCE's pending GridMod spend embedded in its pending rate case. We
note multiple parties including ORA, TURN and even solar constituencies have filed challenging the proposal put forth
by the company. The question appears to be just how much of the capital will ultimately be approved. To this end, we
also note some concern on the opacity of the associated Cyber Security spend of -$300 Mn in the case.

Cost of Capital Settlement: Don't Perceive Much Hope
Following the replacement of the original Proposed Decision (PD) with a revised arrangement, resulting in
just a one-year stayout vs. a two-year deal originally contemplated, we note limited confidence among
parties for a return to the original deal. We suspect this will remain a small but known positive in the very
near term. The core question to which few have a clear view is just where any future cost of capital case is
heading.
What about the core capex issues? EVs on the menu as well as gas storage

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 We note the relative size of the EV spend under the latest Medium & Heavy duty EV filing appears to be gaining some level of
traction with parties; this is notably larger than the capex committed under the original light vehicle petition approved last year
for ratebasing charging stations. Further, we see gas storage as meriting close attention into the finalization of rules in the
-September timeframe, likely resulting in -$300 Mn of additional capex to PCG's forecast. It remains unclear to what extent SRE
will be able to return the Aliso Canyon asset to service.
Rebuffing the Trump Trade: California Poised to Raise Renewables Further?
We note a clear potential for California to pursue additional legislation under SB100 to expand the RPS to
100%, with an acceleration of the RPS for 50% to 2020, vs 33% originally. We emphasize this could reaccelerate some procurement for solar, which appears largely stalled for now given over-procurement.

Debate remains on the Community Aggregation Effort
We continue to perceive a clear and expanding debate on just how quickly communities will
elect to migrate. We note the current -4% of system load migrated could well expand in the next
year towards -15%, but the question is whether this will hit upwards of 50% as anticipated by
initial interest indications. We note the current pace of reform does not appear slated to drive an
increase in exit fees and ongoing tariffs until at least 2018. Credit Risk under these renewable
deals remains critical too.

California Factors
What are the critical factors impacting the state from our latest regulatory meetings in the state?
• · Consumer rate inflation continues to garner close scrutiny: We expect O&M reductions
will remain a critical subject to EIX but also for PG&E as inflation on core customers is
magnified by declining sales and the impact of adjusting the resi tariffs for the new rate structure
after years of a freeze for the lowest customers. While PG&E remains largely committed to
-inflation like levels, this appears to have trended materially above this under certain tariffs in
recent periods. Broadly, this is a risk and critical focus identified by mgmts.
• · Larkin substation outage: We note some recent consternation in San Francisco around the
recent Larkin outage with a portion of SG out of service. We could yet see this garner modest
incremental attention.
•· Time of Use Rates: This remains an ongoing critical question for PG&E and EIX, and less
so for SDG&E given their high overall rates already. We note changes in TOU rate constructs in
coming year across the state could well modestly reduce the NEM proposition. We emphasize
this would impact not just resi tariffs but also the C&I opportunity for net metering, potentially
more important from an aggregate MW impact.
• · Minimum Bills & Fixed Charges: We believe fixed charges could yet increase to their
maximum level at $1 Olmo despite petitions from the utilities for yet higher levels. We note

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 minimum bills are largely already established for resi customers at this $10/mo level (not to be
confused with fixed charge prospects).
•· Solar procurement continues in various shades: Despite having hit its RPS already, we
note a variety of programs including Community Solar and Green Tariff initiatives continue to
push for additional spend.

Solar Updates
The lastest Run-Down on Solar, Suniva, and Cell Costs
We note industry representatives continue to see an expectation of a 201 tariff filing going into
effect. Only last week the U.S. Trade Representatives' Office informed the WTO it was
considering imposing emergency tariffs on crystalline silicon photovoltaic cells, regardless of
their end product configuration; affirming the administration's alignment with the 201 filing,
given that the U.S. Trade Representatives' Office falls below the executive branch.
We highlight significant optimism regarding further cell/module price reductions, with
expectations on variable cell prices at around 20c/W for 400W panels by 2020. We note current
prices around 34c/W for 72W panels (and other datapoints anecdotally pointing to upwards of a
-$0.10/W jump in panels in recent weeks on select US deliveries given the premium to deliver
within the current year outside of tarifft, illustrative of the transient squeeze in pricing this
year). According to industry experts, price reductions should be primarily driven by efficiency
improvements in regards to total watts per cell from 4W to 5.5-5.75W per cell (best case, but
more likely commercial deployments will remain tied to -5.5). Deflation will continue despite
the transient uplift in US solar panel prices under any 201 filing implementation for a 3-4 year
period. We suspect future deployment could well be delayed into -2021 + as prices continue to
decline and a strong incentive after tariff program expires, in contrast to existing ITC incentive
to accelerate potential deployment. We flag the commence construction language
implementation for solar is key here as qualifying sites will enable the continues deployment
after formal 2019 expiration and into the period in which import tariff program would seemingly
no longer be in effect.
With successful 201 filing, projected all-in solar build costs of $0.75/W could yet rise
meaningfully, albeit with the core expectation being for a panel price increase. Import duties
would support pure U.S. solar products, but harm anyone producing outside of the United States,
including Chinese producers, but also U.S. producers with parts of their supply chain outsourced
to Mexico or Canada. Based on developer comments at the conference, such price increase could
likely lead to the abandonment or renegotiation of PP As scheduled for 2018/2019, as well as the
demand for more flexibility on PP As currently being negotiated.

Beyond the Suniva 201 filing, we note increasing concern surrounding curtailment, with buyers
pushing developers to take on increasing curtailment risk. We note the current industry standard
is for the developer to take on 50-1 00h of curtailment, with the remainder to be carried by the offtaker; however, buyers increasingly push for 200h, which is close to 10% of operating hours,

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 making the economics of projects difficult at current prices.
Private equity appetite for the sector remains elevated, with a broader expectations among many
market participants we spoke with for a premium valuation vs. public markets. We flag
expectations on discount rates remain near 7-9% levered, which is consistent with past
datapoints. We emphasize the merchant tail of projects continues to also gain growing attention
as PP A tenors grow shorter. Discussion of recontracting renewable deals with subsequent energy
+ REC products for longer tenors is also a growing component of focus in the sector given this
could well shift the perceived long-term 'merchant' risks. Bottom line, we have seen pricing
expectations fall off from previous high merchant expectations, but a steady bid from private
valuations supports our more constructive view on the YieldCo sector altogether, albeit with
clear bifurcation on risk of select portfolios (do they need to be broken up?) and potentially releveraging. We look for completion of various stated strategic reviews from both the major
sponsors of CAFD and of ABY; this in tum could spur all the more interest in the likes of
NYLD. We note that appetite for contracted gas generation remains equally robust, suggesting
consistent cash flows remain at a premium rather than just renewables.
With regards to new renewable opportunities, we see meaningful interest in California,
specifically Community Choice Aggregation and municipal utilities; with industry
representatives considering as much as 50% CCA by 2020 as a reasonable possibility under
SB I 00 (could this prove the next driver of meaningful procurement in the state?). On CCA,
industry sees the main drivers being not only the economics, (i.e. under-pricing the IOU rates),
but also the ability of self-control and the opportunity to increase renewable penetration beyond
current RPS standards. We highlight counterparty creditworthiness as well as the risk of
consumer defection as the largest challenges to expanding CCA.

Brief Company Blurbs
PG&E
Mgmt. remains positive despite CPUC safety concerns, points to service improvements and
possible load growth driven by EVs-we remain sceptical.
Our conversation with PG&E mgmt. provided flavour on current issues surrounding the Norstar
report on Safety Culture OIIs as well as possible ROE cuts and the denial of additional funding
for the Diablo Canyon decommissioning fund.
Mgmt. highlighted strong customer service performance, as well as the recent focus on public
and employee safety. We highlight mgmt views the Norstar report as "hurtful not helpful,"

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 stating they have completed approximately 2/3 of recommendations so far and are confident they
can complete the remainder of the recommendations before next summer's hearings with the
CPUC. Moreover, in regards to the announcement on potential ROE cuts (given the safety
concerns), mgmt. interprets these as a fine to incentivize safety improvements, than a substantial
threat to next year's cost of capital calculation. However, we view these statements rather
cautiously, given the recent incident at the Larkin substation, where a fire cut electricity supply
to over 80,000 PG&E customers in San Francisco.
In terms of Diablo Canyon, we highlight mgmt. remains little concerned by the CPUC decision
to deny the request for decommissioning fund increases for Diablo Canyon, basing the decision
on the lack of site specific cost estimates not, however, on a denial of further decommissioning
support. In fact, PCG interprets state law to support their demand for further decommissioning
funds, and pointed to Humble Bay where they received 100% of their request after providing sitespecific cost estimates. We look for a site specific estimate process to kick off in 2018, with a
conclusion several years thereafter.
We note mgmt. sees California electric vehicle targets as opportunity for significant load growth.
Currently, CA governor Jerry Brown has set the goal of 1.5 million EVs by 2025, but the CA Air
& Resource board recently announced that CA would need 4 million vehicles by 2030 to meet its
GHG emissions' targets. According to PG&E, assuming 1.5 million vehicles by 2025 and 4
million vehicles by 2030 this would translate into approximately 1% CAGR over the next 15
years or about 1 million new customers.
Finally, we highlight recent decision to increase dividend to $0.53 from $0.49, resulting from
decision to gradually increase dividend pay-out ratio to 60% by 2019, targeting an average y-o-y
dividend growth of 8%. We note that PG&E dividend was previously below comps, thus, this
move is positioning PG&E more in line with competitors in the sector than setting it ahead.
The expectation remains that the DPS growth will continue at this -pace through 2019 to hit this
target

Avangrid
Mgmt highlights opportunities for both new transmission and generation not included in longterm outlook
We note additional $2 billion in capex possibilities over the next few years not included in long
term outlook. These include three transmission projects in New York and two in Maine,
including opportunity of building transmission line to Canadian border to connect with Hydro
Quebec. There, mgmt. is considering expanding the proposed MCPC transmission project to
extend to the Canadian border. We see this as possible alternative to Northern Pass in bringing
Hydro Quebec electricity into MA for the MA RFP, and note that AGR already has the right of
way for the entire route to the Maine-Canadian border. In New York, we note three possible
transmission RFPs: Western NY, Connect NY, and NY Transco. AGR has bid into Western NY

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 and NY Transco RFP, with final decision expected in 2H 2017 and lH 2018 respectively. We
highlight Connect NY, where no RFP has been filed yet, but which could possibly include 200+
miles of underground transmission running from Ithaca to NYC along the New York
Throughway (remains quite challenging in our view). Again, no final decision has been made on
these RFPs, but we see meaningful upside on announced long term capex if mgmt. can execute
on opportunities.
We note AGR's strong pipeline of new renewables projects, again with meaningful opportunities
to exceed current guidance. According to mgmt., AGR has safe-harbored over 2 GWs of wind
turbines in 2016 to keep 100% PTC - approximately 2 GW of wind as well as around 370 MW
for repowering. Mgmt. plans to pull down on those through planned generation projects between
2017 and 2020. We emphasize though that currently AGR only has plans for approximately 1.8
GW of projects. Thus, again there is additional room for about 1 GW of new wind generation, if
mgmt. can execute.
We note mgmt. focus on decreasing merchant exposures to reduce volatility--2016 merchant
exposure was at 38%. To execute on those mgmt. plans all new projects contracted, as well as recontracting existing merchant as well as expiring contracts. Current guidance sees merchant
exposure decrease to 31% by 2020, not including effects of re-contracting current merchant.
We note mgmt. has no near term acquisition plans, seeing most merger opportunities likely
dilutive to their anticipated 8-10% growth rate. However, mgmt. does not rule out any mergers
should an attractive deal come along. We note such opportunity would have to be renewables
focused, with similar growth rate and investment grade rating. In regards to AGR's gas storage,
mgmt. seems keen to divest of the assets if possible, as they no longer align with company
strategy.

Eversource
We leave California with little confidence in the execution of Access Northeast and only
modestly more for Northern Pass. However, we note possibility of offshore wind project with
DONG could provide some much needed capex offsets. The size of this project remains unclear.
The question is just what other more conventional capex alternatives remain?
Given our conversation with ES, we see Access Northeast as pretty much dead without MA
legislation changes. On Northern Pass, we see the payout battle continuing. The most recent
status update is that the NH committee is completing its final review, which would likely provide
a written order on the project by the end of Sept 2017. After which, the project must then receive
federal approval which will likely correlate closely with the state's decision. We note that the
project, which intends to bring electricity from Hydro Quebec into New England, likely faces
competition from Avangrid which is considering similar project in Maine. We note mgmt.
provided little more insight on possible N with DONG on offshore wind. Final MA RFP is
expected June 30th, with final winners to be announced likely in June 2018. ES expects to bid in
400 MW s, and is relatively confident on success in the auction. Should they receive the bid,

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 mgmt. expects construction to begin in 2022.

Pattern Energy
Main unknown remains related to the DevCo investment
The main unknown for the stock remains the magnitude and scope of the DevCo investment.
While more specifics have yet to transpire following the publication of the White Paper (see our
related note here), mgmt. reiterated that an investment would remain below the $100 Mn mark,
while an unconditional and ongoing capital call requirement would be unpalatable. We expect a
more formal view on the Analyst Day.
Expect more details on cost cutting at the June 29th Analyst Day
We expect more clarity on the cost cutting initiatives at the upcoming Analyst Day in NY, both
on the O&M and the SG&A front. On the O&M side, mgmt. believes it can generate $10-20k in
annual O&M savings per turbine as it renegotiates the terms on the OEM agreements with
Siemens and GE, and moves towards self-performing maintenance in the longer-term. Given the
fleet of 1,100 turbines, this would translate into -$10-20 Mn of total savings. Additionally, as the
company develops its own maintenance expertise, we could eventually see a potential to earn
asset management fees from 3rd party assets; this would diversify revenue streams and could
allow the company to supplement growth in case capital markets remain constrained. On the
SG&A side, mgmt. remains confident it can reduce overhead over the next few years, although it
indicates a true peer comparison is difficult because of the nature of the PEGI model (operating
company vs. subsidiary of a larger entity e.g. NEP and NYLD) as well as the lack of clarity and
comparability over cost allocation. Overall, we emphasize any meaningful cost saving would be
substantially accretive to the stock as it would flow directly to CAFD: $20 Mn in recurring,
annual cost reductions would translate into -$3/Sh assuming an 8% CAFD yield.
How to fund growth?
Mgmt. remains reluctant to issue equity at current levels and expect the next drop down to be
funded via the revolver. This remains a short term form of financing, with the more permanent
source of capital expected to be funded through equity and parent debt, with a targeted 2: 1 equityto-debt ratio. While the RCF availability is back to -$400 Mn as the company paid the facility
down following the senior note issuance in January, we note credit metric constraints could limit
PEGI's ability to fully draw on the revolver. If additional liquidity is needed to fund a project,
mgmt. notably remains open to partnerships, where an investor (likely a pension fund) would
take a minority equity stake in the project.

Atmos Corp.
Mgmt. indicated that most of the items in its Jan rate case filed with the TX Railroad
Commission had been unchallenged, including its request for recovery on $1.3 Bn of CapEx,

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 with the main source of debate remaining the allowed ROE. Mgmt. also highlighted that the vast
majority of its cost recovery filings are annual mechanisms vs. rate cases, which has allowed the
company to dramatically reduce lag and grow rate base at its targeted 9-10%; indeed, the
company is able to recover -95% of its capital spend within 6 months of test year end, and 99%
within 12 months.

El Paso (Unrated)
The company increased its dividend last week by 8%, with a target to increase the payout ratio to
55-65% by 2020. In the TX rate case filed in Feb, we highlight testimonies are expected by the
end of this month, mgmt. noted its attempt to treat its rooftop solar customers as a separate
customer class has garnered a lot of attention in the case despite its negligible size and impact.
The company further emphasized its best-in-class load growth justifies the need for further
generation resources (mostly gas plants), which would need to remain within or close to its
service territory due to local constraints. Mgmt. also highlighted that the company remains
carved out of the recent legislation on AMI in TX, but could see a push towards implantation of
smart meters in the future, highlight potential upside to its capex plan.

Black Hills Corp. (Unrated)
Mgmt. stated it would continue its current strategy of pushing out rate cases for the next few
years (first ones in 2019, and more meaningful cases in 2020 & 2021) as it manages earned
RO Es after the close of its Source Gas case. The cadence of the absorption of these benefits
dictates rate case timing, but also limits the ability to meaningfully reinvest capex for ratebase
growth, instead focusing on cost cutting and efficiency measures in the near term.
On Capex, mgmt highlights the upcoming wind RFP in CO, which BKH expects to win via a
separate third party affiliate bid, which could provide an additional $100 million, currently not
included in guidance. We note BKH needs more wind to meet its 30% renewable requirement in
the state. Also on CO, mgmt. provided a little more insight on their proceedings at the CO PUC
(scrutiny surrounding gas-fired Pueblo plant), announcing that as BKH's request for rehearing
was denied; they plan to address the issue in court.
On Cost of Service Gas, we note mgmt. provided little update besides affirming the ongoing
consideration of the project having already delayed filings into -3Q from 2Q. Mgmt. also restated its desire to exit E&P business within the next three years. Finally, mgmt. suggested it is
looking to refinance much of their near term (2020) outstanding debt obligations in 2018.

Please Click Here for the Full Note

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 JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumoulin -smith@ubs.com
JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Associate Director- Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212.713.2851
nicholas.campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research reports.
As a result, investors should be aware that the firm may have a conflict of interest that could affect the objectivity of this report.
Investors should consider this report as only a single factor in making their investment decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
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Commission/Environment Protection Agency regulations could have a negative impact on our
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regulatory Commissions, adverse regulatory changes, unfavorable weather conditions, variance
from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

Required Disclosures
This report has been prepared by UBS Securities LLC, an affiliate of UBS AG. UBS AG, its

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Definition
Coverage 1
Buy
FSR is > 6% above the MRA.
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less than 1%

less than 1%

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Sustainable City Network
Thur 6/8/2017 12:13:09 AM
Top News: Bitter Reaction as Trump <br>Bails on Climate Accord

View this e-mail in your browser.

257 U.S. Mayors Beg to Differ
By Randy Rodgers
Publisher & Executive Editor
Some of the 257 U.S. mayors, members of the
Mayors National Climate Action Agenda, who
recently released an open letter to President Trump
to oppose his actions thus far against climate
action.

The sustainability community erupted with nearly universal dismay,
outrage and resolve in the face of President Donald Trump's

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 '
citizens who believe climate change is a clear and present danger,
and joining only the countries of Syria and Nicaragua in defiance of
the accord, which was signed by nearly 200 nations.
The administration's official website at WhiteHouse.gov claims the
Paris deal "created a taxpayer funded U.N. climate slush fund," an
idea made popular by conspiracy theorists who believe the United
Nations' effort to combat climate change is a veiled attempt to erode
American sovereignty. Citing disputed facts about the cost in jobs
and the "negligible" environmental benefits of the pact, Trump said
the Paris Accord was "negotiated badly" by the Obama
administration and imposed unrealistic carbon reductions on the U.S.
"while giving countries like China a free pass for years to come."
In justifying his decision, Trump famously said, "I was elected to
represent the citizens of Pittsburgh, not Paris." That statement
ignored two important facts: 1) In the 2016 presidential election,
Hillary Clinton won 75 percent of the vote in the city of Pittsburgh;
and 2) Pittsburgh and Paris are actually on the same planet, which is
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Cities Selected for Equitable Economic Development
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WASHINGTON -- National League of Cities, Policylink and the
Urban Land Institute announced the selection of six additional cities
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APPA, National Lab to Improve Electric Reliability
WASHINGTON -- The American Public Power Association has
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NY to Help Farmers Cut Energy Costs and Utilize Clean
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ALBANY , N.Y. -- Governor Andrew Cuomo announ ced the release of
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cut energy c ...

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000144
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award $527.8 ...
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WASHINGTON -- The U.S. Department of Energy announced it is
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ATLANTA-- The U.S. Environmental Protection Agency announced
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Energy Department

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AMERICAN

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Vol. 23: Read it now
certified instructor,
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principal Lean
consultant at
Rockwell Collins.
He will introduce
the history of Lean
concepts, derived
from the Toyota
Production System,

AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000146
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 and explain how
and why they have
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AMERICAN

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 Sustainable City Network operates a website (www,sCityNetwork,com), customized e-newsletters, online trai
interactive tools dedicated to providing quality and timely information on sustainability products, services and
government, education and healthcare,
Privacy Policy I Contact Us I About Us

Sustainable City Network operates a website (www sCityNetwork com), customized e-newsletters, online training, conferences and other

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 government, education and healthcare.
Privacy Policy I Contact Us I About Us
Privacy Poli cy I Contact Us I About Us

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Workforce Requirements for Exec Order Workshop
Tue 6/6/2017 2:32:30 PM
[SPAM] Learn from 10 Gov Leaders: Workshop to Implement EO Workforce Requirements

Workforce Requirements
of the President's
Executive Order 13781
Training Workshop
June 28, 2017

Confirmed Speakers
Terry Gerton
President & CEO
National Academy of
Public Administration
(NAPA)

--Bob Corsi
Secretary of Board of
Directors
Senior Executives
Association (SEA)
Former Assistant Deputy
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Services
Headquarters, U.S. Air
Force

--Rebecca Ayers
Performance Management
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--Tom Gilbert
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--Deb Tomchek
Former Director of Human
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 Jim Read
Director, Policy and
Evaluation
Merit Systems Protection
Board
Jeffrey Neal
Senior Vice President, ICF
Former CHCO at DLA and
DHS
Lou Kerestesy
Founder & CEO
Govlnnovators
Mika Cross
Federal Workplace Expert

Your Government
Executives,
Managers and Staff
Who Play a Part in Meeting the
Workforce
Requirements
of the
President's
Executive Order

Potomac Forum Training Workshop
The President's Executive Order:

How to Meet the Workforce
Requirements of the
President's Executive Order
13781
Training Workshop
What Federal Executives, Managers,
and Supervisors Need to Know
to Support the Goals of the Executive
Order for
Reforming the Federal Government
and
Reducing the Federal Civilian
Workforce

Date: Thursday, June 28,
2017
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000151
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 Location of Workshop:
Willard Intercontinental Hotel
Washington, D.C.
Potomac Forum Training Workshops
are 100% Educational
and NOT Sales or Marketing Events
The Press is Not Permitted to
Encourage
Candid Discussion in our 100%
Learning Environment

Overview:
The president issued an executive order (EO) on March 13, 2017 which
requires agencies to plan and implement long-term workforce reductions
and incorporate the plan as a government-wide workforce priority into
their Agency Strategic Plan and/or Human Capital Operating Plan.
This Potomac Forum training workshop for government will provide
information for agency executives, managers, and staff to respond to the
EO.
Experienced human capital executives and experts will share their insight
and experience in developing and implementing long-term and near-term
workforce management practices that will help attendees understand how
best to improve performance, increase accountability, and reduce costs.
This workshop will provide you with practical, easy-to-implement tools and
resources to help you achieve the best results through your agency's
efforts to restructure, reshape and eliminate inefficient functions to
achieve the goals of EO 13781 while enhancing employee performance to
increase mission efficacy and increase retention.

What You Will Learn:

• A framework to plan for reorganization and functional
consolidation
• Avoiding common pitfalls to managing performance and

AMERICAN

OVERSIGHT
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 conduct 1n the modern workplace
• Where to find practical support mechanisms,
resources and
help for managers and supervisors
• How to prepare the workforce for activities in cost cutting,
reshaping, reducing, and reorganization
• Managing change through effective internal and external
communications
• Driving positive outcomes by leveraging the Federal
Employee Viewpoint Survey Results into actionable steps
that help cultivate an inclusive culture designed to retain
top talent and optimize employee potential
Why You Should Attend:

• Learn proven management
strategies to demonstrate
return on investment,
cost savings, and enhanced
management
efficiencies from developing an effective longterm workforce
reduction plan
• Understand how to leverage alternative
service delivery
models and streamline
mission support functions to
provide greater efficiency while improving quality
• Maximize employee performance
by focusing on concrete
steps to increase performance
and effectively
deal with
poor performers
• Optimize employee recognition
programs designed to
recognize, reward and retain top performers
• Build your toolkit for cultivating
a culture of engagement
and accountability
designed to achieve enhanced
organizational
and individual performance
Who Should Attend:

• Federal supervisors
and managers
• Federal HR practitioners
and anyone responsible for
implementing
agency restructuring
plans
• Inspector Generals and Staff
• Federal employees or members of employee affinity groups
• Communications
practitioners
responsible for leading
change management
and internal communications
campaigns
Format:
Lecture,

guest speakers,

and practical

exercises.

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000153
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 CEUs Awarded

Upon Workshop

Press is NOT Invited

Completion

to Register

"Send-A-Team" Registration

or Attend

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of

The Association

of Government Accountants

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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
IDERA
Tue 6/6/2017 2:17:54 PM
Newsletter: Flash Sale - 50% OFF, New Product Releases, PowerShell and more!

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EPA-17-0193 and EPA-17-0194-A-000156
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Flynn, Mike[Flynn.Mike@epa.gov]
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Flynn, Mike[Flynn.Mike@epa.gov]
Drobo
Tue 6/13/2017 8:25:23 PM
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 Flynn, Mike[Flynn.Mike@epa.gov]
Drobo
Wed 6/7/2017 7:38:49 PM
The Two Year Mark- Letter from Drobo CEO, Mihir Shah

To:

From:
Sent:
Subject:

The Two Year Mark - Drobo CEO Letter

Dear Valued Customer , Partners, and Drobots ,

May 15, 2017 was a big day for Drobo. It marks the two-year anniversary of Drobo as an independent company
and my two-year journey as CEO.

I want to take this opportunity to express my sincerest gratitude to all who have made this journey exciting and
share my reflections over the past 2 years.

Two-Year Highlights
t Drobo, simplicity is at the heart of everything we do. Over the past two years, we have launched 5 new
products, including the 8810n, B810i, 5Dt, 5C, and 5N2. These innovative products are based on our patented
BeyondRAID® software, providing storage easy enough for anyone to use.

We also launched a series of DroboApps to make your life easier. DroboAccess turns your Drobo into your very
own private cloud and DroboPix secures, protects and wirelessly transfers your phone's photos and videos to a
Drobo NAS, while eliminating those pesky, monthly charges from your cloud storage provider. We also integrated
our DroboDR (DR= Disaster Recovery) technology to our consumer product line, allowing a seamless backup
from your primary Drobo to a second off-site Drobo.

In addition to products, we are implementing improvements to customer support and enhancing the overall
customer experience. I am proud to say, all of the Drobo products, starting from the 5N2, will now include a
standard two-year warranty, which doubles the previous warranty. While we have made tremendous strides in
the customer experience, there is still much work to do in this area. I am extremely focused on this aspect of the
business.

We have made tremendous investments in expanding our business overseas, including hiring sales people,
recruiting business partners, and providing local level translations of our software and marketing campaigns. As
a result, we have seen significant growth in Europe, Japan, India and China.

Looking Forward
I am extremely proud of our accomplishments, as we are committed to delivering the products and experience
that is expected of Drobo. There is no doubt we have experienced ups and downs over the last 2 years in this
·ourney, however, our successes would not have been possible without the support of our fans, customers,
artners, and team members. For this, I ex ress m dee est ratitude.

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Folio:
Sat 6/10/2017 2:00:47 PM
Weekly must-reads from Folio:

A recap of this week's top stories:
1. Bloomberg Hires Former Havas Creative CEO -

2.

3.

4.

5.

People on the Move
Betty Wong Ortiz named first female EiC of Runner's World, The Cut's Stella Bugbee
promoted, and more ...
Folio: Honors the 2017 Top Women in Media
Eighty-five women from across the media space recognized for creativity,
achievement, and bringing the industry forward.
#TBT: Scenes From Business Media Summits Past
A collection of photos of our much younger selves, as well as some who left us too
soon.
Randall-Reilly Sold to PE Firm
The well-known B2B player serves the trucking, construction and agricultural
markets.
The Newsstand Takes Another Tumble in Q1 ! Industry Notes
Glamour taps WaPo's Ashley Parker as contributing editor, and Charlie Hebda courts
controversy once again ...

Related Items:
•
•
•

Hearst, Scripps Team Up for Another TV-Inspired Magazine Launch
In a Data-Centric Age, Many Publishers Come Up Short [PDF]
Amid Fitness Boom, the New Editor of Women's Running Sees Opportunity

Recent Job Posts:

•
•

SVP, Produce Division - Farm Journal Media - Lenexa, KS
Public Relations Manager - Peterbilt Motors Company - Denton, TX

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 Digital Marketing and Communications Specialist - BlueShore Financial - North
Vancouver , Canada
Browse All Jobs>>

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 Flynn, Mike[Flynn.Mike@epa.gov]
DRV Technologies
From:
Sent:
Tue 6/13/2017 8:03:04 PM
Subject: Your eGuide - What you should know about IBM i Paperless Report Distribution

To:

Get your Paperless Report Distribution eGuide

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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Project On Government Oversight
Sat 6/10/2017 1:02:34 PM
Best practices for congressional investigations

NEW REPORT:
Best Practices for Congressional

Investigations

A breaking national scandal often results in a call for an independent investigation to
understand the situation and the ramifications for the country.

When it comes to Congressional committees tasked to perform major federal-level
investigations, success is dependent on many factors.

Read more

Trump's Ethics Pledge Is Paper -Thin
The full picture of potentia l conflicts of interest in the administration is far from clear due
to vague definitions , loopholes , and decades-old systemic weaknesses in the federal
government's ethics system, according to POGO's investigat ion.

Read more

More Trump Appointees Get Waived Past Ethics Pledge
The Office of Government Ethics posted waivers to the ethics pledge for 10 Trump
appo intees after demanding them from federa l agencies.

Read more

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 Considerations

for Work in g with Whistleb lowers in a Tech no logical Age

The prosecution of NSA contractor Reality Leigh Winner and how the Department of
Justice identified her as the alleged source provide a number of lessons for sources and
journa lists who seek to anonymous ly disclose information .
Read more

The US Military's Iran Connection?
A new POGO investigation details troub ling allegat ions that the chairman of a huge
log istics contractor supporting the U.S. military in the Middle East has been involved in
illicit money launderi ng and defraud ing investors.

Read more

Take Act ion: Strengthen Foreign Lobbying Laws
It's clear that the public needs to know more about how foreign powers work behind the
scenes to influence US policies. Contact your representat ive to make reform ing foreign
lobby ing laws a prior ity.

Mark your calendar: Contac t your representative

POGO in the News

The New York Times

Lobbyis ts, Industry Lawyers Were Gran ted Ethics Waivers to Work in Trump
Adm in istration
"Filling the administrat ion with lobbyists and industry officials isn't going to drain anything but
taxpayers' patience," said Scott H. Amey, genera l counse l at the Project on Government
Overs ight, which requested copies of any waive rs or recusals from 54 federa l agencies,
echoing the requests submitted by the Office of Government Ethics.

The Wall Street Journal

Where Have All t he Inspectors General Gone?
Acco rding to the Project on Government Overs ight, the Interior Department has been without a

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 permanent inspecto r genera l since Feb. 23, 2009 . The vacancy at the CIA dates to Jan . 31,
2015.

Reuters

Podcast: How the Pentagon's wasteful budget hurts the m ilitary
Dan Graz ier, former Marine Corps captain and Jack Shanahan Fellow at the Project On
Government Oversight , talks about bloated budgets and blank checks hurt military readiness on
Reuters' War College podcast.

New Republic

Trump 's War on Oversight
"A dedicated and independent inspector genera l is an invaluab le resource not only for the
agency it serves or the Congress it reports to , but for the Amer ican people ," says Daniel le
Brian , execut ive director of the Project on Government Oversight, a nonprofit watchdog
organizat ion. "Often the unsung heroes, IGs are essentia l to a we ll-func tioning federal
government."

Roll Call

The Lev in Legacy: Next-Gen Congressional Oversight
"A lot of the oversight is done by unsung heroes ," said Justin Rood, who leads the
Congress iona l Oversight Initiative at the Project on Government Overs ight, or POGO.

Government Executive

Democratic Lawmakers Protest Trump Telling Agencies to Ig nore Their Requests
The nonprofit Project on Government Overs ight , which analyzed the Just ice memo in a Friday
blogpost , noted that both partie s have invoked such Justice Depa rtment guidance go ing back to
1984.

Project On Government Oversight (POGO)

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 View

this ema il on line

U nsubscribc

nonprofit software

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 Flynn, Mike[Flynn.Mike@epa.gov]
lnnovative-e, Inc.
Sent:
Tue6/6/201710:51:11 AM
Subject: Last call! Free Webinar for PMs in Heavy Industry to Plan & Optimize Scheduled Outages
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 Flynn, Mike[Flynn.Mike@epa.gov]
Troux by Planview
Tue 6/13/2017 6:20:04 PM
[SPAM] Upcoming Webinar - Not Your Father's EA Software

To:

From:
Sent:
Subject:

12th Webinar

industry is going through digital transformation and the pace has never been
If you are an Enterprise Architect this is an opportunity for you to shine . Analysts
that EA tools must undergo major changes to better support decision making. To
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 From:

antoine.aurimond@ubs.com
Thur6/1/201711:13:01 PM
UBS Solar: A French Twist: Will the US Pull Out? (SPWR, FSLR, NEE, RUN, EXC)
disclaim.tx t
Sent:
Subject:

US Solar Flash
A French Twist: Will the US Pull Out?

Please Click Here for the Full Note

No More Climate Accord? Still Could Get Subsidies for Coal
President Trnmp will make an official announcement on the Paris Climate Accord at on Thursday at 3pm, according
to the President's twitter. Media reports have suggested the President will withdraw the country from the voluntary
non-binding pact, joining Syria and Nicaragua as the only three UN countries to opt out (vs l 94 others signed on).
While the accord is non-binding, the fulfilment of a campaign promise to pull out comes on the heels of the US
international trade commission moving forward with a 201 filing to potentially raise solar panel prices domestically
(which has already started to cause an uptick in panel ASPs of late) and would render solar less competitive. While
the administration's recent actions suggest a continued focus on non-renewable generation, the question is whether
the upcoming June 16 date could yet yield a further more explicit coal subsidy from the Department of Energy
(DOE). We remain doubtful on both the scale and funding necessary to backstop coal on National security grounds.
As noted in our recent visit to the AGA conference, coal plant shutdowns continue to be tied largely to high
operating costs vs newer CCGTs or renewables, so we would expect the trend to continue regardless of the US
status in the Paris agreement. Bottom line, we expect another wave of coal retirements to result from continued and
ongoing cheap gas in Texas this Fall and follow in 2018 with announcements across PJM and the Midwest into the
2020's given low PJM capacity prints of late.
What are the Practical Effects?
There are a l2"1TI~~of companies actively lobbying to stay in the accord. Question remains just what strategy the
administration will pursue to potentially unwind the existing Obama era regulations attempting to comply with the
Supreme Court's earlier endangerment finding. The question is whether a more modest program is adopted focusing
on efficiency rather than largely ignoring implementation altogether, leaving this potentially to be interpreted by a
future administration. We continue to see risk to some developed renewables projects without robust protections in
place for the PP A, though this is more specific to the 201 filing as panel input costs increase.
What is bipartisan? Likely nuclear support
We continue to bias our viewpoints towards a constrnctive outcome on both new nuclear via our Buy rating on SCG
and for existing plants across the Northeast. We think investors fail to appreciate the potential for a combination of
legislative and PSC support. We see further success across any range of states as boding well for EXC.
NEE's Analyst Day Prospects & its Record Storage Deal- from 11 to 4.5 c/kwh
We highlight in particular the recent news from Tucson Electric Power and NEER, which recently signed a lO0MW
solar+ storage array at ~4.5 cents/kwh (solar only portion less than ~=,, _, This is consistent and even ahead of
recent commentary we've heard from EPRI suggesting solar+storage on the mainland US is below half the cost of
the 11 cent/kWh solar+storage array being built on Hawaii. Given that the facility in Arizona would be online by

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 2019, we believe NEE has assmned some price deflation on both the solar and battery front, though to what extent
any eventual 201 filing is included in projections remains unclear. We believe NEE is increasingly shifting its
prospects towards solar into the 2020's both given the meaningful opportunity in FL but also to capture market share
without wind PTCs. The critical question at the Analyst day later this month will be focused on just where its longterm growth in '21+ is derived rather than doubts/refocusing on near-year guidance in addition to prospects for the
Oncor transaction still. Net-net, we're still bullish despite the latest rally.

3GW Renewable Auction to Launch in Spain
Following a relatively unsuccessful auction recently, Spain's Ministry oflndustry announced it
will hold an additional 3GW renewable energy auction 'before the summer,' noting that a large
amount of wind and solar projects didn't qualify for the 3GW auction held two weeks ago. We
highlight the previous auction cleared only l .5MW of solar with wind being granted almost all
the allocated capacity. We view this as generally supportive of the renewable space in Spain while we are still several years out the upcoming tariff reset for ABY in 2019 could yet be less of
a concern going forward (though significantly low PP A prices in the auction could be read
alternately by the govt as well in a more punitive outcome). With the risk of AB Y's contracts
being negotiated down in 2019 during its budget reconciliation process, we emphasize the
continued support by the Ministry for renewables via the latest 3GW auction is a positive
nonetheless. Recent commentary from the Ministry has noted that wind and solar is competitive
at market prices and we see clear support for further renewable procurement on the back of the
latest announcement for an additional auction. Further, we note the previous auction proposals
were three times higher than the allocated capacity for the 2020 period which resulted in awards
at €43/MWh, the lowest price ever for onshore wind in Europe.

Nevada RPS Moving to 80°/oby 2040
The Nevada Assembly recently passed a bill to increase Renewable Portfolio Standards across
the state to 80% by 2040 vs. the current goal of 25% by 2025. AB 206 will now move to Senate
Commerce Labor and Energy Committee for consideration. We see the latest move to increase
RPS as a positive for utility scale PV developers. We note the bill is supported by clean energy
advocates, environmental groups and businesses such as MGM Resorts, who exited NV Energy's
service in favor of renewable energy.

NEE Signs Sub 3 Cent PPA in AZ
Tucson Electric Power recently signed a PPA for solar-plus-storage systems below $0.03/KWh
for 100MW solar array developed by N extEra. We note the pricing is significantly less than that
of the latest combined storage facilities with recent PP A's in Hawaii being quoted at $0.11/KWh.
Further, we note a continued decline with last Fall's proposal from Clean Peak Standard pegged
PPA's at -$0.145/kWh in 2015. We note the Tucson project is set to be online by 2019 and will
be Tucson's largest dedicated renewable resource.

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 Solar modules in India to be taxed 5°/o- Not 18%
Solar modules in India are now going to be taxed at a rate of 5% vs the prior 18% that was
announced under the Goods and Services Tax (GST) several weeks ago. The discrepancy
essentially boiled down a typo in the document which was released. Although the increase to
5% is not an unequivocal positive vs the 18% previously, we do not see a significant impact on
the longer term trend. Nonetheless, we believe -90 cent installed utility scale solar would yet be
susceptible to even minor changes in the panel pricing, so there could be some effect before the
price hike resets

Engie Adds Sungevity EU business to ops
Engie is adding the European operations of Sungevity to its portfolio of distributed energy
offerings. The Netherlands based arm of the Sungevity was acquired for an undisclosed amount
while the new US based part of the company's name was changed to Solar Spectrum. Engie will
operate the EU arm in Belgium, the Netherlands, Germany and the UK. Engie has been building
its DR business with the latest acquisition the company move into the resi sector. We note this is
the first deal for both companies to address the solar market in Belgium, in which Engie
currently has 2.8Mn of customers.

Takeaway's from EPRI
We met recently with the longer term policy Electric Power Research Institute (EPRI) and noted
both AMI and Storage are well in focus.
AMI Roll Out

As AMI rolls out across most utilities today, the larger communications network will be
increasingly relevant and important. One of the key areas of focus would be standardized 'plug
in' infrastructure; as technology changes, the plug in modules can be switched between
distributed assets (for example, future hot water heaters could have a simple female plug
interface) - this will be part of the shift towards a smarter distributed grid, yet who shares those
costs isn't yet quite clear. Regardless, one of the other key areas of focus will also be the ability
to communicate more effectively - ability to curtail will be key as penetration rates reach the mid
single digits.
Storage

On the storage front, lithium ion is clearly the focus for the next decade but we appear to be
largely beyond the 'overhype' phase and into implementation. Case in point was the Tesla
Powerwall, which from announcement to implementation (one year later) reduced cost by half,
doubled power, and cut the size by 60%. Yet the clearest example of large scale storage
deployment of late is the Aliso Canyon situation, which was resolved much faster than expected:

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 1) RFP was issued in June 2016, 2) awarded in Sept 2016 and 3) final commissioning Jan/Feb
2017. While this is due in part to policy goal implementation, this still suggests batteries are
being used as peaker replacements years ahead of schedule. EPRI is forecasting that storage at
$1,400/kW can be competitive with natural gas turbines by 2020.

Please Click Here for the Full Note

JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumoulin-smith@ubs.com
JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Associate Director - Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212.713.2851
nicholas.campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research reports.
As a result, investors should be aware that the firm may have a conflict of interest that could affect the objectivity of this report.
Investors should consider this report as only a single factor in making their investment decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
implemented. We believe a nuclear accident or a change in the Nuclear Regulatory

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 Commission/Environment Protection Agency regulations could have a negative impact on our
estimates. Risks for regulated utilities include the uncertainty around the composition of state
regulatory Commissions, adverse regulatory changes, unfavorable weather conditions, variance
from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

Required Disclosures
This report has been prepared by UBS Securities LLC, an affiliate of UBS AG. UBS AG, its
subsidiaries, branches and affiliates are referred to herein as UBS.
For information on the ways in which UBS manages conflicts and maintains independence of its
research product; historical performance information; and certain additional disclosures
concerning UBS research recommendations, please visit www.ubs.com /disclosures . The figures
contained in performance charts refer to the past; past performance is not a reliable indicator of
future results. Additional information will be made available upon request. UBS Securities Co.
Limited is licensed to conduct securities investment consultancy businesses by the China
Securities Regulatory Commission. UBS acts or may act as principal in the debt securities (or in
related derivatives) that may be the subject of this report.
Analyst Certification: Each research analyst primarily responsible for the content of this research
report, in whole or in part, certifies that with respect to each security or issuer that the analyst
covered in this report: (1) all of the views expressed accurately reflect his or her personal views
about those securities or issuers and were prepared in an independent manner, including with
respect to UBS, and (2) no part of his or her compensation was, is, or will be, directly or
indirectly, related to the specific recommendations or views expressed by that research analyst in
the research report.

UBS Investment Research: Global Equity Rating Definitions
12-Month Rating
Definition
Coverage 1
Buy
FSR is > 6% above the MRA.
45%
Neutral
FSR is between -6% and 6% of the MRA.
39%
Sell
FSR is > 6% below the MRA.
15%
Short-Term
Definition
Coverage 3
Rating
Stock price expected to rise within three months less than 1%
Buy
from the time the rating was assigned because of a
specific catalyst or event.
Stock price expected to fall within three months less than 1%
Sell
from the time the rating was assigned because of a
specific catalyst or event.

IB Services 2
28%
25%
17%
IB Services 4
less than 1%

less than 1%

Source: UBS. Rating allocations are as of 30 September, 2016
UBS Investment Research Equity Ratings:

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 ( 1 ) Percentage of companies under coverage globally within the 12-month rating category. ( 2)
Percentage of companies within the 12-month rating category for which investment banking (IB)
services were provided within the past 12 months. ( 3 ) Percentage of companies under coverage
globally within the Short-Term rating category. ( 4) Percentage of companies within the ShortTerm rating category for which investment banking (IB) services were provided within the past
12 months.
KEY DEFINITIONS: Forecast Stock Return (FSR) is defined as expected percentage price
appreciation plus gross dividend yield over the next 12 months. Market Return Assumption
(MRA) is defined as the one-year local market interest rate plus 5% (a proxy for, and not a
forecast of, the equity risk premium). Under Review (UR) Stocks may be flagged as UR by the
analyst, indicating that the stock's price target and/or rating are subject to possible change in the
near term, usually in response to an event that may affect the investment case or valuation. ShortTerm Ratings reflect the expected near-term (up to three months) performance of the stock and
do not reflect any change in the fundamental view or investment case. Equity Price Targets
have an investment horizon of 12 months.
EXCEPTIONS AND SPECIAL CASES: UK and European Investment Fund ratings and
definitions are: Buy: Positive on factors such as strncture, management, performance record,
discount; Neutral: Neutral on factors such as strncture, management, performance record,
discount; Sell: Negative on factors such as strncture, management, performance record, discount.
Core Banding Exceptions (CBE): Exceptions to the standard +/-6% bands may be granted by
the Investment Review Committee (IRC). Factors considered by the IRC include the stock's
volatility and the credit spread of the respective company's debt. As a result, stocks deemed to be
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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
lain Kennedy
Tue 6/13/2017 5:28:01 PM
Learn Workforce Analytics From Facebook, NASA, Airbnb & more

Hi Mike ,
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lain Kennedy
Global Events Manager
Innovation Enterpr ise
+1 415 610 5595

Copyright 2017 Innovation Enterprise

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 To update your email preferences please click on this link.

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 Flynn, Mike[Flynn.Mike@epa.gov]
From:
Granicus Webinars
Sent:
Wed 6/7/2017 5:11:20 PM
Subject: A Win-Win for DMVs
To:

DMVs and Citizens Win with Digital Notifications

Almost every state DMV sends registration and license renewal notices. Most are
still sending these notices through the mail - which is costly , and makes it difficult
to track engagement.

Reg ister for this free webinar on June 21 at 2PM ET/ 11AM PT to learn how SMS text
messages and email are helping DMVs save more than $1 M in mailing costs
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 Adopting digital
communications to realize
greater ROI for renewal
notices.

Reaching more hard-toreach audiences, such as
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Improving the citizen
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 Granicus
408 St. Peter
Suite 600, St. Paul, MN 551021 Legal & Privacy
Don't want to receive this
of email? ~==---i=-=--==..:....c..:-=-=:.:.==-=-"' ·

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
New Pig
Wed 6/7/2017 4:01:14 PM
[LOTO SAFETY] Is Your Lockout-Tagout Program Up to OSHA Standards?

Is Your Lockout/Tagout Program Up to OSHA
Standards?
Last year, lockout/tagout (LOTO) was OSHA's 5th most-cited regulation with 3,406
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• Energy Control
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• Employee Training
• Periodic Plan
Reviews
If your LOTO program is lacking in any of these areas, check out this article for
information on what your plan must have to be compliant.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Austin Fageol
Tue 6/13/2017 4:59:02 PM
Briefing with your team

MikeDo you have time to connect this week or next to discuss where your program is in addressing
the new management initiatives being pushed by OMB?
In addition to our regularly-scheduled trainings and policy forums, the Performance Institute is
being brought in-house to government agencies to do customized briefings and facilitation
sessions. It saves on time and is more of a working session with our team.
Sessions cover the whole range of management initiatives: updating performance measures,
using data analytics, crafting restructuring plans, customer service improvement, budget
justifications, risk management, and more.
Would you be interested in considering an in-house program for your team? Who should I followup with?
Best.
Thanks,

Austin Fageol
Director, Outreach
The Performance Institute

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 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to flynn.mike@epa.gov.
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Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book

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American Oversight v. EPA (18-cv-00364)

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ED_ 001686C _ 00000264-00003

 Flynn, Mike[Flynn.Mike@epa.gov]
Mocana
Fri 6/9/2017 7:38:38 PM
Join Mocana Webinar: Defending loT Devices Against Ransomware, Viruses & Worms

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From:
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Join th is webinar to lear n abou t t he:
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 Mocana

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Flynn, Mike[Flynn.Mike@epa.gov]
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Flynn, Mike[Flynn.Mike@epa.gov]
Madalynn Lauria
Wed 6/7/2017 3:16:46 PM
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Mike
Privileged accounts have been leveraged in every recent breach and are an area of
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000208
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 In addition, you will have the opportunity to shape the discussion by sharing ideas and
posing questions. We look forward to your attendance and an interactive discussion about
Privileged Account Security.
rds,
Ma ynn Lauria
617.630.6550
CyberArk
60 Wells Ave I Newton, MA 02459

Copyright

(('J

2017 CyberArk Software Ltd. AU rights reserved.
60 Wens Awnue, Newton, MA 02459
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000209
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 EPA-17-0193 and EPA-17-0194-A-000210
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00000273-00001

 EPA-17-0193 and EPA-17-0194-A-000211
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00000273-00002

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Flynn, Mike[Flynn.Mike@epa.gov]
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EPA-17-0193 and EPA-17-0194-A-000212
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 AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000213
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American Oversight v. EPA (18-cv-00364)

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American Oversight v. EPA (18-cv-00364)

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antoine.aurimond@ubs.com
Thur 6/1/2017 7:43:50 PM
UBS Utilities: Catching Up On Corporate Renewable PPAs [Incl. Transcript]

disclaim.txt

US Electric Utilities
Catching Up On Corporate Renewable PP As

Please Click Here for the Full Note
Interest Growing beyond the Tech Sector
We hosted our latest UBS Conference Call with Lily Donge and team at the Rocky Mountain Institute (RMI) to
discuss the latest trends in the corporate PP A market. With a recent decline in corporate PP As, they note sector
trends shifting towards smaller projects, with new participants coming increasingly from outside the tech sector,
notably in retail and healthcare to pursue additional renewable projects, with smaller projects enabling more
incremental additions and less concentrated counterparty credit risk. In tandem, PP A duration is also shortening
modestly towards ~ 10-15 years.
The End of the Large PPA era? Possibly.
RMI notes a significant drop in new PP As between 2015 and 2016, with procurement falling from 3 .25 GW s to 1.56
GWs. As some of the larger early-movers come close to their renewable targets, we see movement towards smaller
capacity sizes as smaller players enter the markets, implying that the days of 100 MW+ PP As will become rarer,
with sub-100 MW more likely. Moreover, RMI notes that with increasingly smaller procurement demands as low as
5-10 MW s, focus has shifted on aggregation as a tool to join multiple smaller procurements into one benefitting
from the economies of scale of larger counterparts. Broadly, we expect those with development platforms predicated
on these types of transactions will encounter more challenges given the need to couple aggregate and given
increasingly complex credit considerations, particularly for nascent Community Choice Aggregations (CCA) another source of new renewable load growth aside from Corporates.
With Costs Coming Down, Solar PP As becoming increasingly attractive
RMI notes that with solar system costs coming down over 75% in the past six years, interest in solar PP As has been
growing as of late. So far for 2017, approximately half of the procurements have been solar PP As. Overall wind to
solar ratio is likely around a 70/30 split. RMI cautions, however, that this trend is based on fuel preference, as RMI
sees corporates relatively technology neutral, rather by the cost competitiveness of wind and solar; and thus, longterm dependent on the economics. In terms of location, RMI notes most of the corporate solar is in the Southwest
around California; with some interest in Texas, but no fixed procurements so far.
Looking Ahead to 2020: Need to Hit Future Clean Energy Targets
While new corporates went down in 2016, we see a possible upswing closer to 2020, as many of the corporate
sustainability targets are set to be achieved by 2020. We emphasize a large number of Top companies across a wide
variety of sectors have already c01runitted to specific renewable energy goals with time lines closer to the 2020
period. More to the point with PTCs slated to step-down off the full 100% rate under c01runence construction
extensions in 2020, we perceive a further run-up to take advantage of these expiring benefits.

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 2015 Rewind? Probably Not.
RMI notes new corporate renewables PPAs decreased meaningfully in 2016, falling from 3.25
GW s in 2015 to only 1.56 GW s of procurement last year. Moreover, with 2017 year-to-date
procurement currently around 1 GW, RMI doesn't expect any immediate reversal in the near
term. In fact, RMI anticipates a slowing trend for new corporate PP As, even with prices for new
solar and wind coming down further. As some of the larger early-corporate movers reach their
100% renewable targets, we see the buyer profile diversifying away from big tech companies, as
well as project sizes decreasing to smaller capacity numbers and smaller deals.

Who is participating? Not Just Big Tech.
While large tech companies still play a significant role in the corporate PP A space, we highlight
an increasing trend of diversification. Since January 2016, 14 corporations have signed deals
with many of them being first time transactors. We note growing interest by industries such as
healthcare, pharmaceuticals, manufacturing, and large retailers. Moreover a large portion of
Fortune 500, and the majority of Fortune 250 companies have renewable targets in place, likely
pushing them into the corporate PPA space to achieve their goals. How these new companies
will participate in the space will depend on the load size of the operation, but expect them to
likely come in below the procurement sizes originally experienced with the tech firms.

Aggregation: Splitting the Pie
With greater amount of smaller players entering the corporate PP A market and average
procurement demand decreasing, RMI notes increased interest in aggregation. Aggregation
would combine corporate buyers who want to procure utility scale renewables due to their
economies of scale, but do not have the ability to participate at that volume. Thereby, allowing
these companies to participate without taking on the entirety of the contract. RMI notes this
remains a rather new tool in the space, but as market players become more diversified, we expect
increased potential for more aggregated deals.

Sustainability, not just Economics Driving PPA Interest
RMI notes that sustainability represents the main driver behind the interest in corporate PP As;
with companies not just aiming to maximize the economics of one of these transactions, but
instead primarily focusing more on achieving their sustainability targets at a reasonable price. In
fact, according RMI, companies mainly aim to just more or less break even over the lifetime of
the PP A; with even a slight loss being viewed as an acceptable--a sort of implied REC purchase
price. However, RMI snote this still leaves sensitivity to the power wholesale market price, as
corporates might not intend to make a return out of a project still remain cautious to not losing
too much money. Overall, we understand this focus on sustainability as a general positive
indicator for the corporate PPA sector, as the number of sustainability targets in the corporate
space has been growing meaningfully as of late.

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 Where are the Hot Markets?
While Texas has been the single biggest market historically, we see increasing interest in other
US regions. We note Texas still contributes the plurality of procurement, followed, however, by
growing demand in SPP and PJM, as well as a fair amount of interest in CAISO. We highlight
that while the majority of interest has been in wind, there exists growing demand for solar. In
fact, approximately half of 2017 procurement to date has been in solar.

What are other trends?
We note meaning/id shifts as of late not only in terms of location and fuel source, but also in
regards to duration, price and buyer profile.

Solar Getting in the Game
While most of corporate PPA deals have been on wind, RMI sees increasing interested in solar,
with about half of the 1 GW of procurement to date being in the solar space. RMI notes this is
mostly a result of solar's declining installation cost, which has made it more economically
competitive, not, however, as a significant shift in buyer preference.

Location, Location, Location ...
RMI sees significant locational variability in how firms procure their renewables. Options vary
between near-by generation, synthetic delivery, green tariffs, and behind the meter. We note
preference depend on the sector, with tech companies preferring projects located closer to their
data centers than their headquarters, while retailers are showing interest in synthetic delivery.
RMI notes there are no concrete figures on behind-the-meter procurement, but we expect onsight generation to be between 5-15% for participating corporates; thus, implying behind-themeter is not enough to meet the 100% renewable targets announced by some corporates as of
late. We also highlight growing interest in green tariffs, until now mainly seen in Nevada
through NV Energy.

Tax credits
RMI highlights that most corporates are not interested in the equity ownership, i.e. not taking the
tax benefits. RMI believes the organizational separation of roles between energy procurement
and treasury, responsible for taxes has much to do with the decision not to elect to take the tax
equity attributes directly in these projects.

Please Click Here for the Full Note
JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas

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 New York, NY 10019
212. 713.9848
iulien.dumoulin-smith@ubs.com

JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Associate Director - Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212. 713.2851
nicholas.campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research
reports. As a result, investors should be aware that the firm may have a conflict of interest that could affect the
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decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in running these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive lntegrateds. Further, IPPs
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accounted in the company's risk management operations. Major external factors, which affect
our valuation, are environmental risks. Environmental capex could escalate if stricter emission
standards are implemented. We believe a nuclear accident or a change in the Nuclear
Regulatory Commission/Environment Protection Agency regulations could have a negative
impact on our estimates. Risks for regulated utilities include the uncertainty around the
composition of state regulatory Commissions, adverse regulatory changes, unfavorable weather
conditions, variance from normal population growth, and changes in customer mix. Changes in
macroeconomic factors will affect customer additions/subtractions and usage patterns.

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For information on the ways in which UBS manages conflicts and maintains independence of its
research product; historical performance information; and certain additional disclosures
concerning UBS research recommendations, please visit www.ubs.com/disclosures . The figures

AMERICAN

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 contained in performance charts refer to the past; past performance is not a reliable indicator of
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UBS Investment Research: Global Equity Rating Definitions
12-Month Rating Definition
FSR is> 6% above the MRA.
Buy
Neutral
FSR is between -6% and 6% of the M RA.
Sell
FSR is> 6% below the MRA.
Short-Term
Definition
Rating
Stock price expected to rise within three months
Buy
from the time the rating was assigned because of
a specific catalyst or event.
Stock price expected to fall within three months
Sell
from the time the rating was assigned because of
a specific catalyst or event.

Coverage 1
45%
39%
15%
Coverage 3

IB Services 2
28%
25%
17%
IB Services 4

less than
1%

less than 1%

less than
1%

less than 1%

Source: UBS. Rating allocations are as of 30 September, 2016
UBS Investment Research Equity Ratings:
( 1 ) Percentage of companies under coverage globally within the 12-month rating category. ( 2 )
Percentage of companies within the 12-month rating category for which investment banking (IB)
services were provided within the past 12 months. ( 3) Percentage of companies under
coverage globally within the Short-Term rating category. ( 4) Percentage of companies within
the Short-Term rating category for which investment banking (IB) services were provided within
the past 12 months.
KEY DEFINITIONS: Forecast Stock Return (FSR) is defined as expected percentage price
appreciation plus gross dividend yield over the next 12 months. Market Return Assumption
(MRA) is defined as the one-year local market interest rate plus 5% (a proxy for, and not a
forecast of, the equity risk premium). Under Review (UR) Stocks may be flagged as UR by the
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near term, usually in response to an event that may affect the investment case or valuation.
Short-Term Ratings reflect the expected near-term (up to three months) performance of the
stock and do not reflect any change in the fundamental view or investment case. Equity Price
Targets have an investment horizon of 12 months.
EXCEPTIONS AND SPECIAL CASES: UK and European Investment Fund ratings and

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 definitions are: Buy: Positive on factors such as structure, management, performance record,
discount; Neutral: Neutral on factors such as structure, management, performance record,
discount; Sell: Negative on factors such as structure, management, performance record,
discount. Core Banding Exceptions (CBE): Exceptions to the standard +/-6% bands may be
granted by the Investment Review Committee (IRC). Factors considered by the IRC include the
stock's volatility and the credit spread of the respective company's debt. As a result, stocks
deemed to be very high or low risk may be subject to higher or lower bands as they relate to the
rating. When such exceptions apply, they will be identified in the Company Disclosures table in
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Research analysts contributing to this report who are employed by any non-US affiliate of UBS
Securities LLC are not registered/qualified as research analysts with the NASO and NYSE and
therefore are not subject to the restrictions contained in the NASO and NYSE rules on
communications with a subject company, public appearances, and trading securities held by a
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contributing to this report, if any, follows.
UBS Securities LLC: Julien Dumoulin-Smith; Jerimiah Booream
Unless otherwise indicated, please refer to the Valuation and Risk sections within the body of
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Sara Greer
Tue 6/13/2017 3:17:45 PM
Cyber Attackers' Playbook: Read chapter 4

Read chapter 4 of The Cyber Attacker's Play book. Requ est it now.

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AMERICAN

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 a secondary DDoS attack inhibited
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 This email was sent to flynn.mike@epa.gov.
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Doug Mashkuri
Tue 6/13/2017 3:04:20 PM
This Thursday: Network and Learn

Hi Mike,
Sometimes multitasking can get a bad rap. But we believe that often multitasking can be really awesome,
especially when you're networking, learning , and enjoying complimentary drinks and apps at the same time.
This Thursday, June 15, starting at 6pm:
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Join us and your gov peers at 1776 in Washington, D.C. after work on Thursday for presentations on how
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Brooks "Jon" Breece , Geospatial Capabilities Advancement Branch (ATSGA) , National Geospatiallntelligence Agency
John Brandt, Diplomatic Courier and Chief of Classified Pouch, U.S. Department of State
Ben Conklin, Industry Manager Defense, Intel and National Security, Esri

Register for free now : http ://direct.govloop.com/smart-maps
See you there,
Doug Mashkuri
Govloop Community Manager

To unsubscribe from future emails or to update your e-mail preferences click here.
Govlo op , 115215th St, NW, Suite 800 Washington , D.C. 20005 1p 202.407.7500
Read the online version I Legal & Privacy

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Sustainable City Network
Mon 6/5/2017 7:11:37 PM
[SPAM] Learn how to create sustainability plans - online course July 11-13

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EPA-17-0193 and EPA-17-0194-A-000232
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 This course is appropriate for municipal, state and federal government employees,
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AMERICAN

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 This course is presented by Sustainable City Network:.

This email
sent to flynn .mike@epa .gov
whv did I get this? unsubscribe from this list update subscription preferences
Sustainable City Network, Inc. · 801 Bluff St· PO Box 688 · Dubuque, Iowa 52004-0688 · USA

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 To:

From:
Sent:
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Flynn, Mike[Flynn.Mike@epa.gov]
GovernmentCIO Journal
Tue 6/13/2017 2:50:35 PM
GovernmentCIO Journal Weekly Newsletter

SUBSCRIBE NO\

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 Jim Langevin's Thre
Priorities
ities in a world of machine
teddevices
evin (D-R I), ranking member oft
rging Threats and Capab ilities,
blem fac ing national cybersecurit
ntinues to improve , the networks
d are only becom ing more
e for Critical Infrastructure
m on June 7 in Washing ton , D.C.
t traditio nally, patching vulne rabili
ying software with some code
vulnerabili ty is a trained , machin
does it get patched? (More ...)

Deloitte's
Seven
Emerging
Tech
Trends
The company
found the next
phase of IT
innovation facing
CIOs in and out of
government

In Deloitte
Consulting LLP's
recently released
tech trends report ,
"The Kinetic
Ente prise," it
identified the
forces that remain
constan t in driving
IT transformation;
digital, analytics,
cloud, the
reimag ining of
core
systems .. (More ...)

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 Our mailing address is:
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 Flynn, Mike[Flynn.Mike@epa.gov]
MCPmag .com Newsletter
Sent:
Thur 6/1/2017 7:32:10 PM
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Micro Focus
Tue 6/13/2017 2:03:26 PM
Attend the Live Webcast: The Alternate Truths of Identity Management

WEBINAR :

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•
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New drivers: identity management game changers
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Identity Powered-Security : the enemy of alternate truths

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Zmanda
Fri 6/9/2017 12:08:57 PM
Reduce the Cost and Complexity of Data Protection

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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Tripwire, Inc.
Thur 6/1/2017 7:18:49 PM
[Ebook] Protecting Critical Sectors from Cyber Threats

Secu ring Critical Infrastructure Against Cyber
Threats

U.S. government fac ilities are one of the designated critical
infrastructure sectors whose systems and networks are vital to
maintain ing national secur ity and public health. With the rise of Internet
- connected systems, critical infrastructure attacks no longer require
physical access . Protecting critical sectors today means account ing for
cyber security.
Industrial Cyber Security For Dumm ies (PDF) discusses the
concepts of cyber secur ity in ICS environmen ts and w ill help both IT
and OT profess ionals determine the foundationa l secur ity contro ls
appropr iate to each unique industr ial environment. Whether your role is
w ithin OT or IT, there's someth ing for everyone's interest and benefit.

Manage Subsc riptions

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000247
ED_ 001686C _ 00000297 -00002

 Flynn, Mike[Flynn.Mike@epa.gov]
Records Management Workshop with NARA Keynote
Sent:
Mon 6/5/2017 4:07:43 PM
Subject: [SPAM] June 20th - Gov Records & eMail Management - Going Forward to Meet
Requirements
To:

From:

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

Potomac Forum, Ltd

for Informat ion and Registration:
www .PotomacForum.org
The Leader in Government Training Since 1982

Keynote Speakers:
Don Rosen
Director of Records Management Oversight and Reporting
National Archives and Records Administration (NARA)
and

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000248
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 Anan KavanoaKnsn
Manager, Policy and Program Support Team
National Archives and Records Administration (NARA)

Additional Government Speakers
Matthew Olsen
Acting Chief Privacy and Data Sharing Officer
Acting Executive Director
Office of Privacy & Information Management (PIM)
U.S. Department of Health and Human Services
Mark Patrick
Chief, Information Management Division
The Joint Staff Secretariat
Department of Defense

Additional

Government

Speakers

to be Announced

Soon

David Ferriera, the Archivist of the United States, said:
Working together, NARA and all agencies continue to make progress on the
key goals and requirements in the Directive. For us to succeed as a records
management community, the SAORMs in each agency must drive the
change that needs to happen if we are to realize the vision of a digital
Government. Based on the data summarized in this report, we are making
progress, but there is still much work to do .
The analysis shows that SAORMs (Senior Agency Officials for Records
Management) reported they:
• Will meet the email target by the end of this year (92%).
• Will meet the target to manage permanent electronic records in an electronic
format by the end of 2019 (92%).
• Are taking actions to ensure records in non-official messaging accounts are
captured in an official account within 20 days (83%).
• Will submit schedules for all existing paper and other non-electronic records
by the end of 2016 (91%).
• Are preparing for the upcoming change in Presidentia l administration (79%).
This workshop will examine the SAORM's report to determine what steps are
required to fill the gaps

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000249
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 Potomac Forum Workshops are Not Conferences
We are 100% Educational Events
Organizatio nal Cosponso rs:

AIIM
National Capital Chapter
www.nccaiim.org

ARMA International
Metro Maryland

Chapter

www .a rma-metromd

.org

Government and Industry Partners are Invited to Register

Goals of this workshop

are:

• Focus on email retention regulation and policy and email
best practices
• Provide attendees with a clear idea of the changes
envisioned in the Directive,
• Strategies to obtain funding for solutions
• Help understand the role of the Senior Agency Official (SAO)
in setting agency priorities and achieving program success
• Describe the developing roadmap that will lead to realizing
these changes, and
• Describe the steps individual records managers can do now
to align their work with the records management
future the
Directive envisions.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000250
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 •
spec1nc Agency Actions to be completed by December
2015 and the out years
• Establishing a community of interest for Records
Management
• Current email policy and regulations
• Tips for planning for the Directive's 2019 Deadline
Overview:
With the recent headlines regarding government email retention
and e-discovery, it is important to understand how the
NARA/OMB regulations and deadlines will impact your agency.
This one-day Potomac Forum Workshop will focus on the
activities mandated by the NARA/OMB Records Management
Directive. Key executives from NARA and government agencies
will discuss the directive and its implementation.
Detailed
review and analysis of the directive will be presented to help
agencies better understand what they need to do, how to do it,
and how to get the funding necessary to be successful. The
recent Agency Submissions to NARA are discussed along with
scores and suggestions for improving Agency Scores.

What You Will Learn:
• What happens now that the 2016 deadline has passed
• What needs to be done to comply with the provisions of 0MB M-1218
• How the relationship between NARA and Federal agencies have and
will change
• How the role of technology will evolve in the achievement of 0MB
M-12-18's goals
• What this initiative will mean for Federal records management in
the short and long term
• What the components of a sustainable Records Management
program will be in this new environment
• A better idea of the commitment of time and resources needed to
comply with the Directive
• How the Senior Agency Officials can and are making a difference in
improving the management of government records
• NARA Requirements for managing email - lessons learned from
recent IRS news event - Complying with the Law - the Federal
Records Act and what it means for email and other records losses
• The November 2014 Records Management Legislation and what it
means to Agencies and Records Managers
• and more ...

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000251
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 Why You Should Attend:
• To gain a clear understanding of 0MB M-12-18
• To assist you in getting the best start on the many changes 0MB M12-18 will bring to your agency
• To learn key funding strategies to help your agency implement
solutions to meet its objectives
• Hear from other government officials about the practical aspects of
complying with the Directive
• Ensure success of your Records Management Program as you
implement the Directive
• Lessons Learned since the publication of the Directive
• Understand the NARA requirements for email management avoiding embarrassing non-conformance
• Understand email retention regulation, policy, and legislation.
Who Should Attend:
• CIO's and the Staff including technical staff involved with Records
Management
• Senior Agency Officials (SAO's) charged with responsibility for the
implementation of solutions for their agency
• IGs and Staff
• Government Records Managers
• All those with responsibility for initiat ing and carrying out the
reforms mentioned in the President's Records Management
Directive
• Professionals responsible for managing information resources on an
enterprise-wide basis
• Those needing to understand latest NARA policy and guidance
• Contracting, Procurement and Acquisition Management
Professionals
• Program Managers Who Must Understand Records Management in
Government
• Government executives who want to understand email retention
and records management regulation, policy, and legislation.
• Industry Partners
Format:
This workshop will combine keynote presentations by NARA, lectures on
implementing the Directive, real world examples and discussions to
provide a thorough, enjoyable day of learning.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000252
ED_ 001686C _ 00000298-00005

 Workshopsare NOT Sponsoredby Advertisersor Paid
Sponsors
WorkshopsPresent What You Need to PerformYour Job
- NOT What Sponsorsor AdvertisersWant You to Hear
"Ear ly Bird" Reduced Registration Until June 10th
also
"Send a Team" Rates
The Previous Thirteen Potomac Forum Records Management Workshops
on Email, Records Management and the OMB/NARA Directive were
Rated as "Excellent" by Wor kshop Attendees
CEU Credits Awarded

Representative Student Testimonials from Prev ious Potomac
Forum Managing Government Records Directive from 0MB and NARA
Workshops
It was informative and what I have learned can be
taken back and applied to my office .
Records Management Specialist
Civilian Department
Excellent - I got a number of good ideas and suggestions.
Well worth the investment.
Regulation Council
Civilian Administ ration
One of the best trainings I have been to.
Records Manager
Navy Center
Very well done
Deputy Commissioner for Legislative and Congressional Affairs
Civilian Agency
The overall workshop was great. I learned a Jot of valuable information on to help me
in my current position and provide additional guidance for my organization
Records Management Officer and Team Lead
DOT Agency
... for anyone who needs to follow the directive for records management
Admin Specialist
Civilian Commission
Outstanding!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000253
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 DOT Age ncy

Very Well organized . Job well done!
DoD IG Specialist
Great!
Assi stant Records Manage r
Small Age ncy Commission

Workshop

for Government

and Industry

Partners

" Early Bird" Reduced Registr ation Until June 10th
Learn Togethe r Team Rates:
Reduced Registration Rate for Teams

Registration and Information:
www.potomac forum.org
Call: (703) 683-1613
info@PotomacForum.org
Sponsored

by:

Potomac Forum, Ltd.
Founded in 1982 as a non-profit educational organization

Potomac Forum, Ltd is Proud to be:
Corporate Partner of
The Association of Government Accoun tants

Association

Sustaining Partner
for Federal Information Resources Management
AFFIRM

Potomac Forum Direct Phone: (703) 683-1613
If this email is not of specific interest to you,
please forward to an associate.

Please DO NOT UNSUBSCRIBE

from this

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m ailing list.
Potomac Forum offers a wide variety of government
related training events
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If you unsubscribe from this "Records Management"
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not receive future notices for "Records Management"
from this list.

Thank You.

T his ema il was sent to: fly nn .mike@epa .gov
Go here to leave this ma ili ng list or modify your ema il pro fil e.

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ED_ 001686C _ 00000298-00007

 We respect your right to privacy. View our policy.

T his ema il was sent by : Potomac Forum, Lt d .
40 0 North Washington Street r Ale xa ndri a r Vir g ini a, 22314

r

USA

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EPA-17-0193 and EPA-17-0194-A-000255
ED_ 001686C _ 00000298-00008

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000256
ED_ 001686C _ 00000298-00009

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
GovernmentCIO Journal
Mon 6/5/2017 2:47:27 PM
GovernmentCIO Journal Weekly Newsletter

SUBSCRIB E NOW
FORWA RD

AFCEA Bethesda Honors IT
Innovato rs
Ten government and industry
InnovateIT Award Luncheon

leaders

recognized

at

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EPA-17-0193 and EPA-17-0194-A-000257
ED_ 001686C _ 00000302-00001

 chapter awarded both governme
ents for their part in advancing
with in their organization and
10th Annual lnnovate lT Awards
he awards were presented in
included innovation in business a
ting in improved efficiencies and

IHS
Addresses
EHR
Deficiencies
wit h $94
million
Contract
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out healthcare
technology vision

Service contract
award to General
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Information
Technology in
April is intended to
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Resource and
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agency's
elect ronic health
record .. (More ... )

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000258
ED_ 001686C _ 00000302-00002

 Our mailing address is:
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Suite 100
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EPA-17-0193 and EPA-17-0194-A-000259
ED_ 001686C _ 00000302-00003

 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Markus Levy, Conference Chair
Thur 6/1/2017 6:01 :30 PM
[SPAM] loT DevCon and Machine Learning DevCon 2017 Proceedings Available!

The 2017 Internet of Things Develope rs Conference co-located with the new Machine Learning
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Secure Gateway and
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Zero Touch Device
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When the Hardware
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Perception, Deep
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Don MacMillen, VP
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COTS vs Custom Optimizing lloT
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Jack Smith Director of
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000260
ED_ 001686C _ 00000305-00001

 2017 loT DevCon - Download Proceedings
Keynotes

Special Offer - Only $295 through June 30th!!

Shifting the Mindset from Security to Trust Mocana
Zero Touch Device Onboarding for loT - Intel
Perception, Deep Learning and Autonomous Driving - DeepScale
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How to Save the Smart Home from Cyber Invasion - prpl Foundation
Why are 70% of loT Projects Stuck in PoC Purgatory - Electric Imp
Bluetooth and Beyond - Plantronics
Build Moving Experiences - Uber
Deus ex Machina
Extracting Intelligence from loT Data using Deep Neural Networks - Pluto Al
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A Standards-Based Approach to Long-Range Wireless Connectivity for Sensor Nodes - Texas Instruments
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Navigating the Non-Cellular Sea: Transitioning to LPWAN Podsystem
Developing Beacons with Bluetooth Low Energy Technology - Silicon Labs
Fearless Monolithic Integration of Bluetooth IP Synopsys
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Securing ioT Devices and Applications
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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000261
ED_ 001686C _ 00000305-00002

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Join us for more technical confer ences in the future - www .iot-devcon .com www .mldevcon .com

This email is intended for flynn.mike@epa.gov.

Update you r preferences or Unsubscribe

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Thomas Koll (CEO)
Mon 6/5/2017 2:41 :16 PM
5 Mistakes to Avoid When Migrating to Windows 10

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Windows 10*

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Gina Kim
Tue 6/13/2017 11 :22:51 AM
Do You Trust Mainstream Media? Share Your Views

Colleagues,
In 2016, nearly 80% of Washington Insiders cited traditional media as their most
trusted source of information. Has the volatility in the media environment shaken that
trust? Or fortified it?
I'd like to personally invite you to join the group of trusted DC insiders helping us answer
these questions through National Journal's 2017 Washington in the Information Age
survey. Participate Here.
As we discover what's changing inside the Beltway this year, we hope you'll take 15
minutes to add your voice to our growing number of participants. Responses are kept
strictly confidential and only presented in the aggregate.
Your insights will contribute to a better understanding of how news and information
influences policymaking, and how we can improve communications in the future.
We are grateful for your time, and in exchange for your participation in this research, we
will provide you with priority access to the executive summary stemming from this work.
Thank you for your support,
Gina Kim
Chief Analytics Officer
National Journal
Connect with me on Linked ln

If you have trouble accessing the survey above, please use the link below.
https://njresearch.co 1.qualtrics.com/jfe/form/SV _ 7VRHmJBmfwYtV0p?Q_ DL =8dl 1OBs YHOpst81 _ 7VRHmJBmfwYtV0p _ MLRP _ bjXH NC

PRIVACY AND CONFIDENTIALITY: This study is conducted by National Journal Research. National Journal
maintains a strict firewall between its research and newsroom; journalists do not have access to these data. If you
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Splunk Inc.
Thur 6/1/2017 6:01 :23 PM
Hear how UofMD, World Bank, and State have transformed IT with Splunk

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AMERICAN

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American Oversight v. EPA (18-cv-00364)

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ED_ 001686C _ 00000309-00001

 t Details
17
:15am

tt Washington DC
eetNW
n, DC 20001

ured
kers
Basar, V ice Presiden t and
ounder, Pernix Consulting
n Bochniewicz, Senior IT
rity Analyst, Univers ity of
land
Makar, Senior IT Manager ,
d Bank Group

Resources

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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
K2 Communications
Mon 6/5/20171:09:05 PM
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ED_ 001686C _ 00000310-00001

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
SBE Inc.
Tue 6/13/2017 9:33:43 AM
June is National Healthy Homes Month.

Greetings!

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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Redmond magazine
Thur 6/1/2017 5:32:16 PM
[SPAM] Michael - Your June 2017 Digital Edition Is Now Available

DOWNLOAD THE CURRENT ISSUE OF REDMOND MAGAZINE TODAY!
Dear Michael,
Your digital edition of the current REDMOND magazine is now available online.
To download, just click the link below:
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REDMOND Magazine
P.S. - Please take a moment to confirm your free digital subscription now
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ED_ 001686C _ 00000325-00001

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Flynn, Mike[Flynn.Mike@epa.gov]
pin kelephant=pi nke lephant. com@sa2 .scsend. com
Thur 6/8/2017 8:10:00 PM
[SPAM] Huge Savings On Training & Education - Take A Look

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EPA-17-0193 and EPA-17-0194-A-000271
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EPA-17-0193 and EPA-17-0194-A-000272
ED_ 001686C _ 00000326-00002

 AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000273
ED_ 001686C _ 00000326-00003

 To:
From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Granicus Webinars
Thur 6/1/2017 5:10:12 PM
[Webinar] Drive revenue for your agency

DMVs are Transforming with Digital Comrnunications

But they aren't the only agencies that spend millions of dollars every year sending
snail mail notices of license registrations and renewals. There is a better way to
notify citizens and drive them to action - digital communication.

Register for this free web inar on June 21 at 2PM ET/ 11AM PT to learn how DMVs
are sav ing money, improving the citizen experience and generating income with
email and text message notifications - and how you can replicate their success .

IN THIS WEBINAR, YOU'LL LEARN:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000274
ED_ 001686C _ 00000327-00001

 How digital
communications are
transforming DMVs

Best practices for
connecting with hard-toreach audiences

Ways to leverage text
messaging/SMS
technology

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EPA-17-0193 and EPA-17-0194-A-000275
ED_ 001686C _ 00000327 -00002

 Granicus
408 St. Peter
Suite 600, St. Paul, MN 551021 Legal & Privacy
Don't want to receive this
of email? ~==---i=-=--==..:....c..:-=-=:.:.==-=-"' ·

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ED_ 001686C _ 00000327 -00003

 To:

From:
Sent:
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Flynn, Mike[Flynn.Mike@epa.gov]
Micro Focus
Wed 6/7/2017 2:01:23 PM
Engage with NetlQ customers

Just jump on in!

Start engaging with NetlQ customers on the
Communi ties page.
You can read commentary on the latest industry news in NetlQ Views , learn technica l
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 To unsubscribe

from Micro Focus mailings

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Copyright© 2017 Micro Focus, All rights reserved .
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EPA-17-0193 and EPA-17-0194-A-000278
ED_ 001686C _ 00000331-00002

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
The Accellion Team
Wed 6/7/20171:35:23 PM
[SPAM] Webinar: Securing Shadow IT using Accellion

Hello Mike,
Many organizations struggle to control business content their employees share through
public cloud services such as Dropbox, Google Drive and others. These services can
form a "shadow IT" organization that weakens your security and compliance posture .
.Join us on .JunH'15th to seH how Acce llion kit<:lworks prov ides a layer of cornpliancH
ancl contro l over these data sources, while increas ing productiv ity of your employees.
\fl/e will show you how:
• kitE~works'provides a unified viev,, for access in~JECr--A
and cloud storage systems
• To securH ly st1arE;and collaborate; on conte nt \Nith custornEH"S
and partn ers using
cloud storagc1 syst em s
• To safely recehte content s<antby your customers and partners through Dropbox in
a compl iant manner

Reserve My Seat!

Your AccellionPresenters:

Bob Ertl
Sr. Director,ProductManagement

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000279
ED_ 001686C _ 00000333-00001

 Accellion

Cliff White
Chief Technology Officer
Accellion

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000280
ED_ 001686C _ 00000333-00002

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000281
ED_ 001686C _ 00000333-00003

 Flynn, Mike[Flynn.Mike@epa.gov]
CyberSecurity Executive Order
Thur 6/1/2017 5:08:20 PM
[SPAM] Register: Implementing the President's Cybersecurity Exec Order (EO) Training

To:

From:
Sent:
Subject:

Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000282
ED_ 001686C _ 00000336-00001

 Workshop for Government
& Industry Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Keynote:

Author

Dr. Ron Ross
NIST Fellow
of the NIST Risk Management
Framework
{RMF) and
Numerous NIST Cyber Security Publications

Government Speakers are being approved for participation by their Agencies.
Potomac Forum Workshops are 100% educational programs and not sales or marketing
events!

Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the
panel and peer interactions at the workshop should be invaluable in
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:
· The approach used by the NIST RMF
· The value of the integration of the NIST RMF with the NIST

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000283
ED_ 001686C _ 00000336-00002

 CSF

• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
• Importance
of Risk Assessments
{RA), Security Control
{SCA), and Security Testing & Evaluation
Assessments
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A, Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order
You Shou

Attend

· Review the key steps within the NIST RMF and CSF
• Obtain practical knowledge of how NIST RMF and CSF are
incorporated
into information
system security
• Gain insight into conducting
and implementing
NIST RMF
and CSF in your organization
• Collect information
on how NIST frameworks
can be
leveraged to enhance the security of your organization
• Learn how risk management
and cybersecurity
are
essential for regulatory
compliance
• Learn from risk management,
security and OIG colleagues
in Federal, State and Local Governments
• Learn how other Agencies are responding to the EO
Who Should Attend:
·
•
•
•
•

CI Os, CISOs and Staff
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000284
ED_ 001686C _ 00000336-00003

 xecu 1ves w o oversee ns managemen
e
government
• All government executives, managers and staff who need
to better understand risk management and implementing
the President's Executive Order
CEUs Awarded

Upon Workshop Completion

Potomac Forum is an Authorized
of ICS{2) Credits
Press is NOT Invited

Provider

to Register or Attend

"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org

Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

Please do not Unsubscribe from this
"Government
Cyber Security" Training Workshop" Email List
Potomac Forum educational programs address major government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000285
ED_ 001686C _ 00000336-00004

 uovernment

l.;yoer ::,ecurity
I rammg
Thank You.

vvorKsnop

1:ma11List.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM) Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

This email was sent to: flynn.mike@epa.gov
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EPA-17-0193 and EPA-17-0194-A-000286
ED_ 001686C _ 00000336-00005

 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Mark Beebe
Wed 6/7/2017 1:16:17 PM
[Webinar] SAP Business Blueprint Auto-Generation

Webinar: SAP Business Blueprint Auto-Generation
Business blueprints created in Solution Manager te ll SAP how to implement your business processes . The
more detailed and accurate the blueprint, the more you get out of Solution Manager . Simple enough, right?
Unfortunately , no. Creating blueprints has traditionally been such a time consuming task that most
organizations have given up on the idea.
But what if you could automatically create and update blueprints in SAP Solution Manager 7.2?
Join us on June 21st at 10 :00am CDT (GMT-5) to learn how you can:
• Populate and update Business Blueprints automatical ly with Worksoft Analyze
• Leverage Blueprints to implement Business Process Change Analyzer (BPCA)
• Integrate the Worksoft platform with Solution Manager to provide a complete automated testing and
risk management solution

©2017'1/rJ;y r,'f I,
15851 Dallas Parkway Suite 855 Addison, Texas 75001

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EPA-17-0193 and EPA-17-0194-A-000287
ED_ 001686C _ 00000339-00001

 Ifyo

longer wish to receive

ee

you may

scribe at

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ED_ 001686C _ 00000339-00002

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Home Performance Coalition
Mon 6/5/2017 11:47:08 AM
Conference Corner - Get involved at HPC California Regional & HPC National

2017 HPC California Regional Home
Performance Conference
Show
November 14-15, 2017
Hilton long Beach
701 W Ocean Blvd
Long Beach, CA

Registration coming soon!

,_
Session Proposals Open Thursday - Submit
Yours!
he HPC California Conference will feature sessions to
enhance your building science knowledge and skills, and
share the most current information and best practices for
eatherization and home performance operations,
business and policy.
We will be accepting submissions for session proposals
hursday, June 8, 2017 until Friday, August 11, 2017.

,_
Exhibit in California!
The trade show floor is the hub for demonstrating new
products and techniques, providing immediate and future
sales, as we ll as product research and test
marketing. Check out the HPC Prospectus here.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000289
ED_001686C_ 00000341-00001

 2018 HPC National Home Performance Conference and Trade Show

April 23-26, 2018.
Philadelphia Marriott Downtown
1201 Market Street
Philadelphia, Pennsylvania 19107

GET INVOLVED AT #HPC18
,_
Call for Proposals
NOW OPEN
he Home Performance Coalition is committed to bringing
individuals and organizations together to build personal
and professional development and connections, enhance
knowledge and skills, and share the most current
information and best practices for weatherization and
home performance-at the National Conference and
events throughout the year. Learn morel

,_
Become a Conference Sponsor!
Sponsor this event and raise your company's brand
awareness, support workforce development and publicly
demonstrate your commitment to energy efficient, healthy,
sustainable homes. Pick your level of involvement or
become a coveted Host Sponsor. Check out the HPC
Pros ectus here.

RegistrationComing Soon!

Connect with us
Home Performance Coalition
844.370.57 48
E-mail I Website
Home Perfo rmance Coalition (HPC) 11424 K Street
Unsubscribe flynn .mike@epa.gov
About our service provider
Sent by info@homeperformance.org
in collaboration

Suite 500,

PA 20005

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000290
ED_001686C_ 00000341-00002

 with
Try it free today

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000291
ED_ 001686C _ 00000341-00003

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
CyberSecurity Executive Order Workshop
Wed 6/7/2017 12:34:49 PM
[SPAM] Register: Implementing the President's Cybersecurity Exec Order (EO) Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000292
ED_ 001686C _ 00000343-00001

 workshop
tor bovernment
&. Industry
Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Keynote:

Author

Dr. Ron Ross
NIST Fellow
of the NIST Risk Management
Framework
{RMF) and
Numerous NIST Cyber Security Publications

Government Speakers are being approved for participation by their Agencies.
Potomac Forum Workshops are 100% educational programs and not sales or marketing
events!

Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the
panel and peer interactions at the workshop should be invaluable in
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:
· The approach used by the NIST RMF
· The value of the integration of the NIST RMF with the NIST
CSF

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000293
ED_ 001686C _ 00000343-00002

 uevelopment
ot agency Risk Management
:strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
• Importance
of Risk Assessments
{RA), Security Control
Assessments
{SCA), and Security Testing & Evaluation
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A, Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order

You Should Attend
· Review the key steps within the NIST RMF and CSF
• Obtain practical knowledge of how NIST RMF and CSF are
incorporated
into information
system security
• Gain insight into conducting
and implementing
NIST RMF
and CSF in your organization
• Collect information
on how NIST frameworks
can be
leveraged to enhance the security of your organization
• Learn how risk management
and cybersecurity
are
essential for regulatory
compliance
• Learn from risk management,
security and OIG colleagues
in Federal, State and Local Governments
• Learn how other Agencies are responding to the EO
Who Should Attend:
·
•
•
•
•

CI Os, CISOs and Staff
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management
• Executives who oversee risk management
for the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000294
ED_ 001686C _ 00000343-00003

 govern men
• All government executives, managers and staff who need
to better understand risk management and implementing
the President's Executive Order
CEUs Awarded

Upon Workshop Completion

Potomac Forum is an Authorized
of ICS{2) Credits
Press is NOT Invited

Provider

to Register or Attend

"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Pres s to Promote Cand id Discussi o n

Registration and Information:
www.poto macforu m.org

Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd.
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

Please do not Unsubscribe from this
"Government
Cyber Security" Training Workshop" Email List
Potomac Forum educational programs address major government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
"Government
Cyber Security" Training Workshop Email List.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000295
ED_ 001686C _ 00000343-00004

 1nanK

YOU.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM} Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

This email was sent to: flynn.mike@epa.gov
Go here to leave this mailing list or modify your email profile.
We respect your right to privacy. View our policy.

T his email was sent by : Potomac Forum, Ltd.
400 North Washington Street r Alexandria r Virginia, 22314

r

USA

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EPA-17-0193 and EPA-17-0194-A-000296
ED_ 001686C _ 00000343-00005

 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Danielle Sikes
Mon 6/12/2017 8:32:36 PM
Folio: Eddie & Ozzie Awards Entry Deadline This Friday

Contact:
Danielle Sikes
Senior Marketing Manager , Folio:
dsikes(a)accessintel.corn

Folio: Seeks Nominations for Annual Eddie and Ozzie Awards; Final Entry Deadline
June 16
The Folio: Eddie and Ozzie Awards celebrate excellence in editorial and design across multip le
markets . The prestigious awards program is the only one of its kind to honor both maga zine and digital
design and journalism in the association , b2b , consumer , regional , and non-profit sectors .
The final entry deadline is this Friday, June 16. Winners and honorable mentions will be recognized in
New York City on October 11, 2017 during a celebratory luncheon at The Folio: Show .
For more information on the Folio: Eddie and Ozzie Awards , visit http :/ /www.FolioAwa rds.com .

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EPA-17-0193 and EPA-17-0194-A-000297
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Patrick McLaughlin
Thur 6/1/2017 2:16:14 PM
Regulatory Update: A Roadmap for Comprehensive Regulatory Reform

Read the latest med ia and research from Mercatus on regu lations .

rehensive Re ulato

Reform:

Primer
Patrick McLaughlin, Jerry Ellig, and Michae l Wilt I Mercatus Research

Regulation is a significant feature of modern government. Given the important values at stake ,
Congress and regulatory agencies should craft regulations w ith ful l know ledge of their results.
Decision-making in the dark shou ld not be an opt ion. Regulation should be done intelligent ly ,
efficiently, and effectively. The current regulatory process fails to meet these basic requirements
of good government, generating regu lations that are sometimes ineffective and impose
significant costs on businesses and consumers . This primer has identified specific, actionable
teps Congress could take to accomplish comprehensive regulatory reform .

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Commentary

Copyright© 2017, All rights reserved.
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Flynn, Mike[Flynn.Mike@epa.gov]
Home Performance Coalition
Wed 6/7/2017 11 :46:26 AM
Your HPC Weekly News

Who's Who At HPC?

Brian T.
Castelli
This week we begin a series of blog postscalled
"Who'sWho at HPC?" Over the next few weeks
we will introduceyou to HPC staff, featuring both
personal and professional tidbits of information to
help you get to know us better. Each staff member
will answer the same questions,such as: What do
you enjoy the most about your role at HPC?,
What is your proudestaccomplishmentat HPC?,
What do you enjoy doing outside of work?, and
Tell us a fun fact about yourselfwe may not know.
Today we focus this series on
Brian T. Castelli
Brian is the President & CEO at HPC. He is the
ch ief-decision maker on strategy and other key
issues, representing HPC to policymakers,
partners, sponsors and stakeholders. With over
30 years of nationa l and international experience
in the clean energy field, Brian is considered a
global clean energy expert and participated in
many energy prog rams throughout th e world.
Prior to HPC he was an Executive Vice President
at the Alliance to Save Energy.

Continue reading more about Brian here.

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 Conference HapP.enings
.
. ~eatherization Assistance
Featuring Women m l:Juirdmgl>eni~ance:
Danielle Putman
ronf
a:ggr_arnn_~f~·

,_

HPC de ~ crpMi E a'j;
~~~ eftcM'
~ ~tar, state
and loca l policies that promote growth in the
r.esidentia l energy eff iciency sector th rough
Danielle Putnam is the prest~tllhe~ffoo.~
fHlll!J,'1.~!frii3.yl!M26l
developed to br idge the ga~t'
,f~~l!j'~IJ'U8'0IWc
O ~rffmce
industry. Putnam has exper~g
~ls1~M ~~e~~~9t and
management to operations
9~
andles
the day-to-day operat ions, ma
n adve
1aban
.
d the
co
ive
~ n
.
, .
f ull interview here.
program cost-effectiveness
testing , the va luation
of home energy efficiency in the rea l estate
market, and the integ rat ion of smart grid
technology with res identia l build ing performance .

This is National Healthy Homes Month!
HPC is excited to partner with HU D's National Healthy Honffl iMwele~ ~~il:laat~s,ve~~f)ffl3ttPC's
commitment to this cause by evidence of our h,ealth and com{~ f'l~ ~ ~ 9tr~9
<Pk!"Wfi"P~
fs>IJffi"fl{l~ f'e,'(€r
the past 31 years. Click here to read last weeks post
you! Over the next few weeks we wi ll high light a
Over the next few weeks, we will share a variety of IAQ & H'e .
demonstrating HPC's commitment to healthy homes via ou"
also get involved and follow #NHHM2017 on twitter.

t iss~~~s%,?i~fo8r¥cr
d i1:h
lg,~o~l~t~R~B R
O

mg

or

1e'A~tJ>n
i:ft8p~~!fil:l ;

OU ."

THIS WEEK'S THEME IS H
Weatherization Assistance Program (WAP)
In keeping with the Home Assessment, "Give your home a checkup " theme, we'd like to highlight the Healthy Home
Assess ments: Rapid, In t uit ive Visual Method of Ri~l(alkanHtetacmad ithlelmtear.tiGIB:>byrDetitara!llyE.
Kevin Kennedy, Director of Environmental Health at Children'Mlffirf ~Jlilp:&ii§:!ll)ft'!:lcbf
lf!ti!i§iifl~~~]lo
~ ~t
l
This session discussed the importance of identifying and priont1z1ng ome environmental nsks through Flea nyHome
Ian to join us o the 2018 HPC National Home
& Trade Show in
P h iladelphia, April 23-26, 2018.

Efficiency First Board of Directors. EF Members - LOG IN and

as three diverse webinars!

1. Wednesday , May 17--Being an
Fach). 2. Tuesday , June 6--Federal and State Policy Issues
's VP of Policy & Gov't Affairs, Kara Saul Rinald i and
Co
HPC's Director of Policy & State Outreach, Joe Cullen). 3. Tuesday, June 20--How to "Green" Your Local MLS in
Mo
cy First members have unlimited , free access to live webinars
an
you aren't already a member, ioin today!

The Call for Proposals is NOW OPEN!

t
l(!?~nl'att'EU&Sdfrert!Jt1Y,lWttf1i~~rfiP.ergy
magazine

is facing the same problem as all print media in a digital

vpf~~~~E_n!ifimWPfflftWt~re..ll)f,'Wa!B!r
~fat content to its readership, and to reach new, younger
sJ.U)~~oers'.1tw ljo 'fli~{b¥,_snitting away Trom printing the magazine , upgrading its website, and becoming a digital
~&~~tb9\his requires funding. Continue reading more by Macie Mele nd ez and learn how you

R't:mfR~~iWWGt

bd1ttmar@homeperformance.org

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 Exhibit/Brand/Sponsor - Chris Docchio Director of Partner Relations
cdocchio@homeperformance.org

,_

•

Introducing the 2017 HPC California Regional
Home Performance Conference in Long Beach,
Nov . 14-15 .

Hilton Long Beach
701 W Ocean Blvd
Long Beach , CA

CALL ING All

EXHIBITORS

CALLING A ll

PRESENTE RS

The Call for Proposals will open Thursday.

Learn how YOU can get involved at
HPCali17.

,_
Assessments. Read the full article here.

,_
,_

can help, donate and get involved.

,_

BPl's has a new Industry Pros Web Experience: www.bpi.org +Checkout
this new WEBINAR: Create a Meritocracy; Pay for Performance
Today Wednesday, June 7th. 2017@ 3PM EDT/ 12PM PDT Earn up to 1.5 BPI CEUs (Certified Professiona ls
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,_
2017 North Carolina High Performance Buildings Conference
NCBPA invites you to attend their 2017 North Carolina High Performance Buildings Conference being held July 12 13, 2017 at the Charlotte Convention Center! This event brings together the people, products, policies and resources
needed to design, build and maintain high-performance buildings in North Carolina.
Attend two full days of educational workshops, networking events and a packed exhibit hall. CEU opportunities, trade
council meetings and more make this a great event for all levels of company staff. Learn more.

,_
EM&V FORUM SUMMER WORKSHOP: COST-EFFECTIVENESS TESTING FOR
NEXT-GENERATION ENERGY EFFICIENCY
The 2017 regional workshop on Cost Effectiveness for the Next Generation Energy Efficiency will bring together
program administrator, implementer, industry, policymaker, evaluation and other stakeholders to share information
and get inspiration about how cost-effectiveness can lead the energy efficiency industry into the next generation.
This workshop will cover three "P"s: Principles of sound cost-effectiveness assessment; the current Practice of costeffectiveness testing (non-energy impacts included); and the Promise of the new industry landscape (energy
efficiency as an integrated resource, viewed in the context of broader energy policy, and new guidance on costeffectiveness). June 15, 2017 - Reg iste r here and learn more!

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 ,_
Join the Premier Sharing Space for EE Professionals
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,_

Your Voice Matters! Join the Faces of EE.
To help us keep a strong momentum for energy efficiency funding, we hope you will consider participating in
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Energy Economis t Says Paris Acco rd Withdraw Does n't Mean Much For U.S. Energy
By Michel Martin, NPR All Things Considered
3 June 2017
NPR's Michel Martin talks about the future of coal production wit h energy economist Robert Godby.

US Northeast states are devouring natural gas fo r electricity , and that's a problem
for coal
By Javier Dav id , CNBC
14 May 2017
The Nor the as t U.S. st at es
a vast mark et that generates and consumes much of Am erica's ann ua l
electricity
is gradually using less coal to fi re up its electricity plants.

First-Ever Comprehensive National Standard Practice Manual is Updated
Guidebook for Energy Efficiency Cost-Benefit Analysis
BY Carina Daniels
May 19, 2017
The first-ever compreh ensive natio nal guide for utility-fu nded energy efficiency programs is now available to help
utilities, regulators and ot her interested stakeholders make the best possible energy efficiency decisions for their
ju risdictions

Thank you to our Sustaining Partners

Home Performance Coalition 11424 K Street NW, Suite 500, Washington, DC 20005
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Flynn, Mike[Flynn.Mike@epa.gov]
Fernando DelosReyes
Thur 6/1/2017 2:05:14 PM
Test Drive a Handheld Wireless Tester

40% of Wi-Fi networks are never tested, until they fail
Time is of the essence. If troubleshooting Wi-Fi networks takes too long, check out the new
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From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Briauna Fisher
Thur 6/1/2017 1:24:55 PM
Think like a CFO - unlock the value of your PMO

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Flynn, Mike[Flynn.Mike@epa.gov]
Jessica Placencia
Mon 6/12/2017 5:21:59 PM
Social Listening Webinar for Marketers & Communicators this Thursday

Sign up for PR News' Social Listening Webinar on Thursday, June 15.

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Marketing Manager
PR News
jessica@accessintel.c om
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 Webinar attendees receive full access to speaker presentations along with a
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jerimiah.booream@ubs.com
Thur 6/1/2017 1:03:19 PM
UBS: D: Poised to Heat Up this Summer

disclaim.txt

If you have found our research to be valuable , we would appreciate your consideration for both
the Electric Utilities and Alternative Energy categories in the upcoming Institutional Investor (II)
survey.

Dominion Energy Inc
Poised to Heat Up this Summer

Please Click Here for the Full Note
Busy month ahead for shares- but will it work?
We note a fast paced summer for Dominion approaches, with developments on Millstone nuclear
slated for as soon as next Wednesday June 7 with the end of the CT legislative session (we
remain a bit cautious given the tight vote in the Appropriations committee). Further, we see ACP
in mid-July, a likely positive in moving forward, but more importantly followed by a September
update on additional capex. This last piece is likely the element driving confidence in recent
weeks, particularly when coupled with continued DPS growth confidence. We remain more
cautiously positioned on shares here, but appreciate EPS revisions may indeed skew higher in the
near-term.
Capex update this Fall could include a few more items to keep budget aloft
We see mgmt as poised to provide details on its nascent pumped hydro efforts in VA as well as
delineate more formally its nuclear relicensing capex (upwards of-$ Bn over -10-years ). While
some extent of this and energy capex is already disclosed, confidence appears on maintaining the
$3.5 Bn spend pace. We believe the added granularity on nuclear as well as some development
on a new series of Pumped Hydro facilities should bolster the core utility spend further, with all
of this being recoverable outside of base rates through legislatively approved riders. Also, in

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 tandem with EPS will be DPS growth
Hearings at Supreme Court on Biennial Review are the Key Summer Risk
While mgmt. appears quite confident, this is our most substantial concern through the near-term
with a decision on the legality of the Biennial review process freeze ongoing. We emphasize the
process back to a typical biennial ROE review process is unclear should the courts overturn the
current freeze, potentially delaying any EPS impacts for several years still. Nevertheless, this
would interject substantial uncertainty into future VEPCO EPS and could jeopardize the
company's premium PIE multiple.
Valuation: Reaffirm caution on datapoints. Increase SoTP PT from $75 to $79
Despite the continued relative rally in shares, we see our $79 PT, as largely reflecting a group
PIE multiple as well as largely putting a PIE multiple on any potential associated utility debt.
Further, we note the disconnect in midstream valuations vs. utilities as a more cautious backdrop.
While mgmt. is admittedly poised to increase spend on the utility side of the house, we perceive
more limited latitude on spend at Dom-Energy.

How do we view the shares overall?
We remain cautious on the shares given the potentially delicate schedule ahead and particularly
after the recent share rally. We believe the main source of upside resides in mgmt.'s ability to
deliver on its CapEx plan, principally refocusing on its core regulated utility growth prospects.
With shares having recovered substantially since the 4Q guide down, we see Das once more at
the highest PIE multiple stock in the sector despite its near-sector high leverage. We view this
combination cautiously despite prospects for modest incremental EPS growth later in the year, as
this will simply backstop the existing EPS commitments. Further, we note incremental energy
projects appear to be already reflected in placeholder Energy capex already disclosed, making
incremental updates less decisive to existing estimates. We note rotation back into the
Infrastructure theme of late given challenges elsewhere to higher growth utilities, principally
California, and see Dominion as a recent beneficiary of this trend as well as NextEra. We expect
shares to see volatility return this summer as key debates are resolved, with a more cautionary
skew given recent outperformance.

VA Supreme Court update: What to Watch?
SB 1349 in Virginia which aims to prohibit prudency reviews by regulators of ratepayer charges
by Dominion Virginia Power while also freezing base rates through 2019 is being challenged at

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 the Virginia Supreme court. Opposition has taken issue with the ability for D to utilize rate
adjustment clauses while simultaneously keeping base rates frozen. We note the recent hearings
have largely debated whether or not the legislature has authority to remove the Commissions
power and duty to regulate electric rates and to set rates themselves. Further focus stems on the
court's interpretation of Article 9, Section 2 of Virginia law. The commission ordered testimony
pointing out that a four year freeze of base rates set by the Commission could be considered a
requirement under Article 9. We note base rates, as are, would stay frozen until 2019, with a
need to trigger two subsequent biennial test periods in order to have rates reset (pushing out the
reset well into the 2020's earliest). It remains unclear just how new rates would be implemented
if interveners are successful. We caution that earned RO Es appear to be in excess of the
authorized levels. Net-net, we see this as a generally cautious near-term datapoint given limited
negative outcome embedded in investor expectations.

Scaling up Capex Further?
The question is just how far mgmt. can execute on its total capex plan. We emphasize that mgmt.
is keen to maintain at least $3 .5 Bn in capex annually, and could well scale this further.
Utility: Pumped Hydro is a real opportunity
Mgmt. stresses it is evaluating what proposals to move forward with after having been engaged
by entities across South-western VA to encourage economic development. While the size of any
facility or facilities (plural) is likely only 200 MWs+, it is unlikely to compare to the other
similar facility (Bath county at 2.4 GW s gross). We note that capex on selected sites could be
more modest than greenfield pumped storage given existing caverns in mountains. We look for a
more firm proposal in coming months, likely in tandem with usual -Early September update.
Any spend here would also be eligible for its generation rider treatment.
Nuclear reinvestment capital: getting more granular
We note that the precise cadence of its nuclear reinvestment program to extend the licenses of its
four regulated units to 80-years from 60-years is uncleared. We look for more precise spending
with this plan, with the total at -$4 Bn over a I 0+year period. We suspect this could add -$200
Mn+ to even the near-year periods as work on reinvesting in the units ramps up. We note prior
updates had not seemingly explicitly included this given the lack of clarity on whether this
would be recovered under a rider treatment (clarified in the legislature) given its base rate
stayout.
Figure I: Capex Additions - Can it Keep it Going?

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 0

2016

2017

2018

2019

2020

Source: FactSet

ACP FERC EIS approval: Around the Corner in July
We look for the FERC EIS to come in the -July 19th timeframe. We further note the first round
of extension (from 1.5 to 2.0 Bcf/d) could be achieved only with compression, i.e. without the
need for additional laterals. While the exact amount remains to be defined (the exit points chosen
determine the amount of compression needed, and thus the cost of the extension), mgmt. sees
significant growth potential given the size of the project. We note this is already fully baked into
the $3-4 Bn of annual CapEx in 2019/2020.
Could we get more gas midstream capex?
We note clear continued demand for additional spend with recent meetings pointing to greater
detail in the coming months around the source of incremental growth within the Dom Energy
segment, with specific focus on incremental pipeline opportunities. The question is the extent to
which pipelines are expanded, compressor capacity location and ultimate delivery location
substantially impact the outlook. We note that the latest discussions aside long distance pipelines
remain on new power generation interconnection in Marcellus with many involving laterals to
the existing network worth -$10's of Mns. Broadly, assuming a higher return on the -40% equity
investment in the $1-2 Bn of incremental capital to be defined we see -$0.10-0.20 ofEPS
opportunity yet to be funded in the later portion of the five-year program.
What about the Integrated Resource Plan (IRP)? More solar on deck
Recent mgmt. meetings have noted additional appetite for Solar in VA given costs have come
down enough that planning models are now picking Solar over Gas. We note the latest IRP
reflects growth in solar of 3,200 MW with costs projected at -$50/MWh net of both REC value
and the 10% ITC value back to customers. We emphasize the full extent of these efforts even

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000317
ED_ 001686C _ 00000367 -00004

 with a steped down 10% ITC is unclear if it reflected in the capex budget - and provides support
to a longer-term capex opportunity at VEPCO.

Update on Millstone: Will it succeed in the next week?
We look for whether mgmt. will succeed in coming week into June 7th expiration of the current
legislative session. Shares could prove mixed into an update either way. While shares passed
with some degree of support in the Joint state House & Senate Energy committee, the latest
narrow passage out of the Appropriations committee by just one vote (and with the Chair
labelling it as clearly a 'work in progress') bodes cautiously into this limited window for success.
While we don't reflect this in our EPS estimates still, we note expectations had been
dramatically higher on this prospect earlier.

What about more acquisitions?
We expect D to expand its DM subsidiary without dropping the coveted Cove Point assets in
2018. We believe there could be a desire to leverage the DM currency to acquire third party
assets for a third time, avoiding a drop from the D parent. The latest example is the acquisition of
STR and in tum the drop-down of the STR midstream portfolio, and before this its acquisition of
SCAN A's midstream portfolio. We see this as preserving the earnings power of Cove Point
through the slower growth period at the Energy segment, while still accruing the benefits of any
GP growth from acquisitions back to D.
Finally, should mgmt. drop down the Cove Point asset into DM in 2018, we note its previous
commitment of three instalments does not necessarily state it would be ratable. We see this as
being marketed determined and potentially smaller upfront, again, to preserve EPS at the parent.

Finally, what does this all sum up to? DPS Growth
The question is just where mgmt. will pivot its DPS policy as it seeks to preserve the 'best in
class' commitment from last Fall. We include below our latest EPS and DPS estimates noting the
implied Payout ratio at the higher end of peers.
Figure 2: Updated EPS Estimates

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000318
ED_ 001686C _ 00000367 -00005

 oo mniori Energy(rid STR)

uo

1.14

f.33

U3

Oomnior,Gerieraliori

1.89

2.:a

Uii'

1.15

Corporate Ind. Minoritya HoldcoI

1.41

4.49

4.61
4.97

OPSIJJBSe)
f

;,yo11t(U:tio

71).l)'Y,
6.7%

l) f !i /11:({'i!:/J:N!!

7S.4'Y,
7.9%

7:1.6%
,t.1%

3.05

3.33

14.1)%

$3".1%

:u::.i
Iii.I)%

335

421

$6.1%

$9.1%

ConsensusOPs
C Oll:N!!RS
/IS f.

lit i't!ttio

Source: Company Filings, FactSet, UBSe
Update on PJM auction results: net-neutral now to capacity price shifts

We see the PJM results as a modest impact on Dominion overall. While the company will be
slightly net long on capacity once the Greensville CCGT reaches COD, with demand and load
roughly similar the net impact will be roughly neutral. We emphasize capacity is recovered
through base rates, i.e. rate cases (we note the company is currently under a rate freeze) and not
under the fuel rider which could therefore cause an insignificant earnings lag.

Updated Valuation: Increase PT to $79
We include below our updated SOTP, maintaining our Neutral rating albeit with our price target
below current shares. We increase our price target by $4 to $79/Sh; main factors contributing to
the increase in PT include:
•· Marking to market our commodity assumptions to reflect the latest power and gas forward
curves: ~$0.50/Sh
•·

Marking to market our peer PIE multiple from 17. lx to l 7.8x: ~$2.50/Sh

•·

Including $400 Mn of CapEx at VEPCO related to pumped hydro: ~$1.00/Sh

Figure 3: Updated Valuation -Moving PT to $79

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000319
ED_ 001686C _ 00000367 -00006

 E81TDA

EVIE81TDA

Downside

376

Dominion Merdl ant Generation
Hedge¼lue

2,186
(.564}

Dominion Energy(e~LDCs)
Dominion Mid streamPartners
Dominion RetaI

63
2,061

Total/ Implied

I'

Ba,e Uplidl:

5.0x

6.0x

7.0x

5.0x

6.0x

7.0x

11.0x
11.0x

12.0x
12.0x

,, 13.0x

4.0x
9.Jx

Downlide

2,258

1,882

26,229
(6,769)

24,043

13.0x

5.0x
6.0x
10.Jx 11.Jx

Bare

(6,205)

$

251

314

19,910

31

Dominion
MdstreamVtllll
LPValue
50.48
29.15

I.PSharesOwned (llsof Dec2016)
Value per Share(Current Marl:et)

1,411

TotalValui:($ Mn)

GPValuation
1,336
9.3%

NPV Value through 20 50 (S Mn)
Disco/JfltRate(UsingCAFM+ GPPremium)

(36,212)

LessTotal Dominion Net Debt (.2020E)

12,020

nettingVEPCO
·assodated debt (ll1lity Only)

3,593

nettingVEPCOdebt allOG:ltedto HoldCo ~ssuming I ater up to 6 0% debtbp)
Gas)
netting GaslD C·assodated debt {trotdCDOnly-STR

1.400

nettingGasLDC·assodateddebt (OpcoOnly-STRGas)

1,007

nettingGaslD c-assodated debt (OpcoOnl~
SolarDebt (UBSe)

1,790
1,034

Netting DM Debt ~020E)

1,983

Add: NPVof Merchant Generation Hedges

$ (13,385]
$ 11,453

Net Enerm,/Generation Debt

DominionEnerm,,MLP,Merchant tener.1ti••

$

lllltal

.tDd

Current Number of Sharesouutandin g (20 :20E)

i•-,

,,3'2
620

620

5,684

6,003

n.ax
'!••}••
Ub; .. -1

PIIM••tfl•__

DominionDelillery
Beane
Transmi,sion
Dominion Generation-Utlity

Total VEPCONet Income

211,NI

31.9
392
1,005

1,111

P/IM•II·•
17 .8x
18.8x
17 .8x
18.8x

17.8x
11.Sx

19.Sx
19.8x

18.8x 19.8x
18.Sx 19.Sx

I

rlt1/tH:
per Shilrlfl

6,975

7,367

l2.8.2Z

l 8,.203

30,556

32,213

4!1211

I

52,84

GasDistribu1lonlDCs

54

17.8x

18.8x 1.9.8x

963

1,018

EastOhio

202

18.8x 19.8x
17 .8x 18.8x

3,806

11

17.8x
16.8x

3,603

HopeGas

178

188

18.Sx 19.Sx

4,144

5,012

QuestarGas tnd. $1.4 Bn HoldCo debt)

Total Gas DistributionNet Income
V.,JiM,.,

,.,,, ,.

Current ~Iumber of Sharesoutstanding

261

11.Sx

I

ISJ' I
620

IJ,QIJ

620

!Rlll

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000320
ED_ 001686C _ 00000367 -00007

 Source: Company Filings, UBSe

What about HoldCo Debt? Netting out the Utility Debt SOP Scenario
In the scenario below, we net out $1,400 Mn and $3,593 Mn of debt allocated to VEPCO and
Questar, respectively, instead of capitalizing it. Accordingly, we are also removing the interest
impact from the Utilities net income. As such, our regulated utilities SOP value goes down from
-$60/Sh to -$55.50/Sh.
Figure 4: SOP Scenario: Netting out net debt

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000321
ED_ 001686C _ 00000367 -00008

 2G2GEAdj. EB!TDA

Enterprise Ve lue

EWEB!TDA

DOIM&i::le B!lse Upsi::le

Domnion P.!len:h
ant Gen,sra1ion
Hedge\fiue
oomnion Energy~:Hoes l
oo mnion MidstreamPartnErS
oomnion Rli:tal
Total llmplilad

5.0:,;
5.0:,;
2,181i

1t.O:,;

(564)

" 11.0X

~de

61.):,; 7.0:,;

Ux

B!lse

1,882

2,258

24,043

26,229

7.0x

121.):,: ! 3DX

" !3DX

12DX

Oi,205}

(!i,769)

7,540

63

oomioboMilifr:Nmv11ie
l.2J.all.e
LPShn:; ow,ed (asof D!lC2016)

\fiueper !hare (CurrentM.rl:et)
Tote Ivalue($ Mn)
GPVeliJBtbn
N PV'Al lue t hrotgh 20 Sll U Mn)
[liS(Ol/ffltll .te(Wiflg

CAPM+ GP Ptemi:ltlft}

LessWti Domnion NetDebt 12020el

netting VEPCO•il$$0Q
ated debt IJ1ilityOnly)
netting VEPCOdebtilocated to tt:ildco (assurringle"'1fup to 60% debtJ:apJ
netting GasIDC•il>sodated
debt tioldco Only•STR
Gas)
netting GasIDC.1$$0 dated debt t)pco crd Y'STRGii$)
netting GasLl)C-il>sodateddebtt)pcoO'llyl
SO
I .r Debt IJB5el
NettingOMDabt1;?020f}

oomir ,bn Delhtery

thdic
1tansmission
Dol'linion Gen«a1ion-u1iJity
Total Vf Pa:>Net rrmme
VtlkeperS!lllte
Gas Ois11ibu1ion
LDCs
Quest.rGas
eastOhio
Hope Gas
Total GH Oistributbn Net lrmme
VskeperS!lllte

401

17.8:,;

18.8)( 19.8:,;.

7, 1 !19

!192

17.ax

ta.ax

t9ax

6,915

7,361

1,005

17.8:,;

18.SX

19.8:,:

11897

18903

1,79$

17.SX

1$.S'X 19.SX

&fi

17.8:,;

1&.8:,: 19.8:,:

1,53:1

1,616

202

17.8>:

18.8:,: 19.8)(

3,603

3,806

11

18.SX

17.8:,;

18.8>:

299

17 .SX

1$.SX

19.SX

HoldcoDebt.Allocatedto Vf PCO
Quest.r HoldcoDebt
Total ti:ikr..oDebt(SMn)
Vskepersllllm

$

178

188

S.,311

S,151(I

1/.57 J

!H!i

r,aoo1

(!1,593)
{! ,goo)

(4,993)

(4,993)

(3,593)

J

(U!iJ

J

-

J

(t.t'!lJ J

Source: Company Filings, UBSe

JULIEN DUMOULIN-SMITH, CFA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000322
ED_ 001686C _ 00000367 -00009

 Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumoulin-smith@ubs.com
JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212. 713.2851
nicholas.campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research reports.
As a result, investors should be aware that the firm may have a conflict of interest that could affect the objectivity of this report.
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Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
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from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

Required Disclosures
This report has been prepared by UBS Securities LLC, an affiliate of UBS AG. UBS AG, its

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000323
ED_ 001686C _ 00000367-00010

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Buy
FSR is > 6% above the MRA.
45%
Neutral
FSR is between -6% and 6% of the MRA.
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Stock price expected to rise within three months less than 1%
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000324
ED_001686C_00000367-00011

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EXCEPTIONS AND SPECIAL CASES: UK and European Investment Fund ratings and
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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000325
ED_ 001686C _ 00000367-00012

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000326
ED_ 001686C _ 00000367-00013

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Gov Records Management Training Workshop XIV
Mon 6/12/2017 4:36:18 PM
[SPAM] Next Tuesday: Gov Records Management Training Workshop

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

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Keynote Speakers:
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and
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Additiona l Government Speakers
Matthew Olsen

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Mark Patrick
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The Joint Staff Secretariat
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Detailed review
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better understand what they need to do, how to do it, and how to
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This workshop will examine the Senior Agency Official for Records
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 From:
Sent:
Subject:

jerimiah.booream@ubs.com
Thur 6/1/2017 12:40:42 PM
UBS: ETR: Just What are the Key Debates?

disclaim.txt

If you have found our research to be valuable , we would appreciate your consideration for both
the Electric Utilities and Alternative Energy categories in the upcoming Institutional Investor (II)
survey.

Entergy Corp.
Just What Are the Key Debates?

Please Click Here for the Full Note
What are the Key Debates? AMI, Nuclear Divestment, and DPS Growth
In short, AMI progress in coming months as testimony is delivered in coming weeks from Staff,
the shift out from EWC (what kind ofNDT 'top off might be needed?), resulting dividend
growth reacceleration (as the top end of the payout ratio at 75% is achieved), and a further
debate on revaluation to a fully regulated utility framework remain the key debates. We note
lingering concerns on nuclear capex recovery and execution on the sustenance plan remain a
further, albeit seemingly abating risk.
The focus is now on ridding itself of the legacy nuclear liabilities
Mgmt's near-term goal remains just how and at what cost will mgmt. prove able to rid itself of
the NDTs and associated liabilities to retire retired and to be retired nuclear plants, akin to the
Vermont Yankee deal it inked recently. While mgmt's current FCF projections through the 5year period indicate a cumulative -$45 Mn loss, the goal remains to both top-off the NDTs prior
to handing them over to any potential buyers (a negative impact to projected FCF) while also
aspiring to source incremental cost reductions to drive towards a largely -Break-even cumulative
projection. We look for details in coming quarters around any prospective success in structuring

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 such a deal for assets to be retired. We see this as more firmly closing out the merchant exposure
and its gonging I/Sand B/S impacts.
On the regulated side, its approvals for spend rather than the constructs
While regulators have historically authorized healthy ROEs and have attractive formulaic
mechanisms, the critical question is the pace of ratebase growth and the ability to push ahead
with the like of AMI spend. We see this as critical to future execution alongside recovery of
legacy nuclear capex to driving confidence on achieving EPS growth targets.
Valuation: Maintain Sell, but nudging up our PT to $73 (from $70) on SOP
As management winds down EWC, we see an argument in favor of an increasingly regulated
structure. That said, given continued merchant operations and uncertainty on ultimate FCF in
NDT we believe investors will continue to use a more traditional valuation framework to net out
prospective liabilities. We note our slight discounted PIE accounts for the relative opacity in
disclosures. We look for DPS growth PE valuation, though we are not yet there today with a
number of outstanding risks.

Framing the Key Issues Ahead for the Company
With many investors asking what's next, we attempt to frame the critical issues and strategies
being pursued by management. Overall, the effort remains clearly oriented towards re-regulation
and scaling down risk with the shutdown and now divestment of the legacy merchant nuclear
portfolio. We see this divestment process as likely the next critical step, albeit unclear to what
extent it is a positive. Mgmt's goal remains to offset the cost (effectively topping off of its NDTs)
with additional savings to limit the impact to consumers. We note the transfer of the NDTs and
retired plants to third parties could enable a further simplification of both the income statement
and balance sheet.
Turning to the core regulated business, spend remains oriented towards several key buckets of
recovery: the first being the nuclear reinvestment theme on its core regulated units. Resolution
on spend either way should provide some view on being able to earn its Authorized ROE.
Additionally, scaling opportunities around AMI in the near-term, but also an emphasis on
owning its own generation appears a further long-term ambition. While the scale of the transition
away from its legacy of purchased power remains opaque, we believe this could provide an
element of growth above and beyond the organic opportunities afforded by the service territories
core load growth trends.

Nuclear Decom -What now & How will ETR Get it off the Balance Sheet?

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 As the company wraps up the unregulated business, the question is just what happens to the
nuclear plants. We see management as reticent to agree to a substantial liability but unlikely to
choose to decommission the plants if at all possible. A reasonable 'top off cost could be offset by
a series of cost cuts, so management's roughly flatish (-$45M) cash flow guidance over the
forecast period could still remain unchanged. Management remains adamant that the EWC wind
down will be a cash neutral event. Though perhaps an imperfect way of fixing the issue, we
don't view this as largely problematic assuming that management can ameliorate the situation
similar to Vermont Yankee, with an acceptable decommission counterparty and any necessary
top off.
In terms of winding down the EWC business, the company is focused on mitigating some of the
remaining risks on the way towards the exit. One of the key opportunities here would be the
remaining coal plants - rather than investing in emissions controls, the company has more
effective opportunities to source new generation investment and phase out existing plants as
needed. For example, the St. Charles project is expected to save $1.3B over the life of the plant.
Additionally, buying distressed assets has been a further source of upside.

What's the Latest on the Generation Buildout?
We note some of the more recent developments below:
New Orleans: Entergy continues to push direct generation into the New Orleans region directly,
as potential for storm damage keeps the city susceptible to a transmission line breakdown. In
addition to an improvement in the peaking capacity, the company is looking to add I00MW of
renewables in the region due at least in part to local demand for renewables (could we see more
ratebased renewables along similar lines?). This follows:
Lake Charles: While the Lake Charles CCGT permitting took a relatively long time to
complete, St. Charles by contrast should prove more forgiving as the company streamlines the
processes. With the settlement agreement reached recently, we see items as moving forward
here and the ALJ is currently taking it under consideration. Next steps would be to present it at
the June B&E meeting.
Montgomery County: While the previous update had listed Montgomery county as under
review, parties are currently working on a settlement. Texas appears generally supportive of
further Texas-based generation (rather than buying out of state) so a settlement seems
reasonable.

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 Source: ETR, UBSe
Can ETR Shift from PPA's to Owned-Generation?

While there are some clearly enumerated opportunities above, we highlight ETR could yet find
longer term optionality as other PP A's roll off. Though the company may include some of this
already in the plan, we highlight the potential can be framed to a degree. Total TWh sold in
2016 include 112,595 GWh for retail and 11,054 for resale for a total of 123.649 TWh energy
sales billed. Compare this to 9-10% in 2016 and 2017 listed in the l0K as total utility power
purchased. While this may not necessarily be a PP A explicitly, it implies something in the range
of 10-12 TWH of PPA's (this excludes any power purchased from MISO) using the basic math
here. Total nameplate capacity for ETR's regulated fleet is -24-25GW, so an average capacity
factor would suggest a comparable% of replacement (l-2GW) which could be replaced. What
isn't particularly clear is how much if any of the above chart would fall into this category.
AMI Is Next-Time

to Play Catch-Up?

Entergy has a number of jurisdictions that need further AMI investment, and some areas
(Louisiana) have even had some constituents lobby for faster deployment. On the other hand,
the company does see real constraints to any increase in the speed of deployment and notes that a
more measured pace of deployment could let the company learn from other best practices and
realize the benefits from day 1. Although there are a number of moving parts to the filings across
the 4 key AMI jurisdictions, we note Texas and Mississippi bear note in particular of late. The
Texas legislature just passed the necessary law which will allow the full proceeding to move
fmward. In Mississippi, the latest AMI filing was approved as well. While there is always risk
until the plans are fully approved, the company is relatively confident that these initial build-outs
should proceed with relatively little issue. We perceive success in Louisiana and Arkansas as
particularly relevant with testimony due shortly.
We provide a summary of the latest info elsewhere as well below.

Source: ETR, UBSe
What About Nuclear Costs?

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 We highlight on the latest call that the company called out an accounting change coming around
how to account for nuclear decommissioning tmst earnings. This should allow the company to
mark to market any realized gains the growth in the various tmsts. Net net, this could allow a
-3% growth, getting to -flat by 2022.

Almost Time to Shift the Debt Treatment?
As ETR moves increasingly away from EWC and towards regulated operations we note our
existing valuation grows somewhat more punitive compared to pure regulated peers. While there
is clearly a healthy level of holdco debt which still gives us pause, management sees credit
agencies as more comfortable with the balance sheet of late, noting that holdco leverage is not
significantly higher than peers and could yet be utilized. Current metrics stand at l 7.3x
FFO/Debt (13-23x target), 4.4x Debt/EBITDA (3.5-4.Sx target), and Parent/Total Debt at 21.1 %
(18-20% target). Given recent positive sentiment from the debt community and a shift
increasingly towards regulated only, we note the potential for a further discrepancy among our
treatment of the debt. Whereas fully regulated peers generally receive a pure P/E treatment, our
valuation currently nets out the debt which proves to be more punitive.

Improving the Dividend Further Is Key; Need to Execute on Utility to support
future trajectory
As ETR shifts to fully regulated businesses, continued growth of the dividend will be key. We
see management as continuing to target growth in line with EPS growth, yet this will be tied to
the wider utility growth. The company would most likely increase EPS at a faster rate initially
then feather into a comparable DPS growth. There would be no specific inflection point other
than when the payout ratio reaches an acceptably low level to increase DPS in line with EPS
(presumably in the next year or two. Nonetheless, management would need to achieve growth
above our estimates to maintain the stated range (75% max). The question is whether reacceleration would happen ahead of achieving this 75% trend,

Taking Note of Consensus
While EPS revisions had trended steadily down into the end of the year, street has moved in a
more positive direction of late. We have updated our estimates nominally as shown below as
well - seeing less clear upside to estimates aside for one-off potential tax items later this year
and beyond. We believe EPS volatility due to historic one-off items add to uncertainty on
consistent steady execution at core utilities. We remain modestly below mgmt's Utility & Parent
guidance ranges through 2019.
Figure 3: UBS EPS estimates

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 21•• JIHI

llHH

21191

RegulatedUtlity

6.12

6.34

5..78

6.16

6.54

EWC/Nudear

1.03

2.01

0.57

0.48

0.19

21211
6.91
ill.21)

PfiorUIISe

6 00

7.11

4.80

S.02

4.99

4.90

IPlli,S•

llidHm

•1111

fl 016)

4.81

4. 88

5.02

5.35

UISe
Growth

4J6

4.'3
6.3%

4.81
3.9%

S.10
60%

4.H
4.25
4110

4.90
4,50

5.30
4.90
S.10
·0.29

HighEn:dG1id&nceR1tn:ge

ll=gulak.d Glida ncaMdpGint (4016)
UIISevs.Midpoint

-0.04

4.10
-0.07

Gtidar,ce Ranges
r.,;1.ht•d f1yout %
UBS% (/-,;;nor,

7.56
,P.47)

4.15-S.lS

Con:stm
I.H (5131/1J)

LowfndGuidltnceRltflge

21HI

521
3.2%

5.:10-5.60
81%

76%

3%

0%

,,.

JS%

#CIV,O?

Source: ETR, UBSe
We highlight the latest consensus trends below, which have ticked up recently. The question is
whether recovery of nuclear costs on the regulated costs can be resolved amicably along with
support for its pending AMI dockets across its core geographies to support further revisions on
earned ROEs (under-recovery on nuclear spend) as well as AMI capex (largely reflected in our
& street projections we believe).
Figure 4: Estimate Revisions
2017 Consensus Ests

2018 Consensus Ests

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 2019 Consensus Ests

2020 Consensus Ests

Source: Factset

Price Target: $73
We include our Sum of the Parts below. We have updated our P/E multiple from 17. lX to 17.8
which increased the PT by $4/sh. Slight tweaks on the Utility estimates decrease our PT by $ I/sh, for a net increase of $3/sh.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000339
ED_001686C _00000373-00007

 Fi ure 5: Revised SOTP Valuation
Pl E Multiple
FlllgulatedUtilities
SystemEnergy Resources,l nc. (SERI}

Eqmty\lalue per

Low Prem!Dilcount la•

20191 EPS
l2019

Peers
___
.,_11.lx

Low

High

lase

........... ...'

0.44

16.8x

O.Ox

17.Sx

18.8x

7.33

7 .76

Entergy New Orieans

0.26
0,7 6

-1.0x
·I.Ox

16.Sx
16.Sx

17.8x

Ente rgy Missi ssippi
EntergyLoui siana

3.28
0.54

-1.0x

16.8x

EntergyTe>ras

·1.0x

16.8x

4. 12
12.01
51.82
8.49

4.38
12.77
55.10
9.02

EntergyArkansas

1.29

15.Sx
15.8x
15.8x
15.8x
15.8x

-·1.Ox

16.Sx

21.73

16.8x

O.Ox

17.8x

20.44
(0.42)
101.1,

Other
FlltgulatedUtility (Consalidated)

17.8x
11.8x
17.8x
17.8x
18.8x

Ii.Sil

4).44)

110.n

ParentPreferred Incom e

Hl.8x

O.Ox

17.Sx

16.8x

(13.02)

(12 .33)

Other Parent Exp(non-Pfd)

18.8x

O.Ox

17.Sx

16.8x

(11.74)

(11.11)

·1,85 0
·175
·172

·1,850
-175
·172

13

13

-2,184

-2, 184

183

183

(1,354)

(754)

(1,354)

06')

Parent Drag

Senior Notes
Drav.mRCF
Commerda Paper

Cash and CashEquivalent
Total Parent I) rag

~ .62)

$Mn

(1,850)
(700)
(:144)

100%
25%
50%

13

100%

(2,881)

2019£ SharesOutstandn

l\ll1uchantGeneration Equity (Drag): NPU of FCF

~,et

EWC

100%
25%
50%
100%

50%
10%
25%
50%

388

Cash('(E16}

Total EWC Drag

2019£ SharesOutstandng(Mn)

183

183

.II

$HM ;

Source: Company filings, UBSe

JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumou lin-smith@ubs.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000340
ED_ 001686C _ 00000373-00008

 JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212. 713.2851
nicholas.campanella@ubs.com
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Investors should consider this report as only a single factor in making their investment decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
implemented. We believe a nuclear accident or a change in the Nuclear Regulatory
Commission/Environment Protection Agency regulations could have a negative impact on our
estimates. Risks for regulated utilities include the uncertainty around the composition of state
regulatory Commissions, adverse regulatory changes, unfavorable weather conditions, variance
from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

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ED_ 001686C _ 00000373-00009

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Coverage 1
Buy
FSR is > 6% above the MRA.
45%
Neutral
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ED_ 001686C _ 00000373-00010

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ED_ 001686C _ 00000373-00012

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Cato Institute
Thur 6/8/2017 7:44:59 PM
Policy Forum: Financial Crisis and Reform, June 15

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Cato Institute
Tue 6/6/2017 11 :25:08 PM
You're Invited to South Africa at a Crossroads, A Cato Policy Forum

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From:
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Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Mary Rose
Mon 6/12/2017 3:38:40 PM
June-July sessions for CyberArk On The Front Lines

Hi Mike,
I wanted to remind you that several new sessions have been added to the On The Front Lines
webcast series*:
June 13 - Another Endpoint? Servers Also Require Administrator Rights to be Secured!
June 20 - Privileged Account Security Inside Industrial Control Systems (ICS)
June 27 - Deploying a Complete CyberArk Environment in AWS with AMI Instances
July 18 - Secured Credential Scans: When Vulnerability Management is powered by Privilege
You can view the session details on the main web page . Simply scroll to the bottom of the webpage
and use the Select Your Sessions button to register.
Regards,
-Mary
*On The Front Lines is a weekly webcast series offered every Tuesday at 2:00 pm ET by CyberArk Security Experts. Each 20 minute
session cove rs hot topics and technical details related to security exploits involving privileged accounts and how to secure against such
attacks.

ary Rose
0 Wells Ave, Newton MA

: 617.630.6446
: mary.rose@cyberark.com

This email was sent to flynn.mike@epa.gov.
To unsubscribe, please click here .

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Tripwire, Inc.
Thur 6/8/2017 7:25:52 PM
[Ebook] Your Go-To Guide for ICS

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 From:
Sent:
Subject:

jerimiah.booream@ubs.com
Thur 6/1/2017 12:07:28 PM
UBS: Solar: A French Twist: Will the US Pull Out? (SPWR, FSLR, NEE, RUN, EXC)

disclaim.txt

If you have found our research to be valuable , we would appreciate your consideration for both
the Electric Utilities and Alternative Energy categories in the upcoming Institutional Investor (II)
survey.

US Solar Flash
A French Twist: Will the US Pull Out?

Please Click Here for the Full Note
No More Climate Accord? Still Could Get Subsidies for Coal
President Trump will make an official announcement on the Paris Climate Accord at on
Thursday at 3pm, according to the President's twitter. Media reports have suggested the
President will withdraw the country from the voluntary non-binding pact, joining Sytia and
Nicaragua as the only three UN countries to opt out (vs 194 others signed on). While the accord
is non-binding, the fulfilment of a campaign promise to pull out comes on the heels of the US
international trade commission moving forward with a 201 filing to potentially raise solar panel
prices domestically (which has already started to cause an uptick in panel ASPs of late) and
would render solar less competitive. While the administration's recent actions suggest a
continued focus on non-renewable generation, the question is whether the upcoming June 16
date could yet yield a further more explicit coal subsidy from the Department of Energy (DOE).
We remain doubtful on both the scale and funding necessary to backstop coal on National
security grounds. As noted in our recent visit to the AGA conference, coal plant shutdowns
continue to be tied largely to high operating costs vs newer CCGTs or renewables, so we would
expect the trend to continue regardless of the US status in the Paris agreement. Bottom line, we
expect another wave of coal retirements to result from continued and ongoing cheap gas in Texas
this Fall and follow in 2018 with announcements across PJM and the Midwest into the 2020's

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 given low PJM capacity prints oflate.
What are the Practical Effects?
There are a number of companies actively lobbying to stay in the accord. Question remains just
what strategy the administration will pursue to potentially unwind the existing Obama era
regulations attempting to comply with the Supreme Court's earlier endangerment finding. The
question is whether a more modest program is adopted focusing on efficiency rather than largely
ignoring implementation altogether, leaving this potentially to be interpreted by a future
administration. We continue to see risk to some developed renewables projects without robust
protections in place for the PP A, though this is more specific to the 201 filing as panel input
costs increase.
What is bipartisan? Likely nuclear support
We continue to bias our viewpoints towards a constructive outcome on both new nuclear via our
Buy rating on SCG and for existing plants across the Northeast. We think investors fail to
appreciate the potential for a combination of legislative and PSC support. We see further success
across any range of states as boding well for EXC.
NEE's Analyst Day Prospects & its Record Storage Deal- from 11 to 4.5 c/kwh

===

in particular the recent news from Tucson Electric Power and NEER, which
We
recently signed a l00MW solar+ storage array at -4.5 cents/kwh (solar only portion less than
cents). This is consistent and even ahead of recent commentary we've heard from EPRI
suggesting solar+storage on the mainland US is below half the cost of the 11 cent/kWh
solar+storage array being built on Hawaii. Given that the facility in Arizona would be online by
2019, we believe NEE has assumed some price deflation on both the solar and battery front,
though to what extent any eventual 201 filing is included in projections remains unclear. We
believe NEE is increasingly shifting its prospects towards solar into the 2020's both given the
meaningful opportunity in FL but also to capture market share without wind PTCs. The critical
question at the Analyst day later this month will be focused on just where its long-term growth in
'21 + is derived rather than doubts/refocusing on near-year guidance in addition to prospects for
the Oncor transaction still. Net-net, we're still bullish despite the latest rally.

3GW Renewable Auction to Launch in Spain
Following a relatively unsuccessful auction recently, Spain's Ministry oflndustry announced it
will hold an additional 3GW renewable energy auction 'before the summer,' noting that a large
amount of wind and solar projects didn't qualify for the 3GW auction held two weeks ago. We
highlight the previous auction cleared only l .5MW of solar with wind being granted almost all
the allocated capacity. We view this as generally supportive of the renewable space in Spain -

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 while we are still several years out the upcoming tariff reset for ABY in 2019 could yet be less of
a concern going forward (though significantly low PP A prices in the auction could be read
alternately by the govt as well in a more punitive outcome). With the risk of AB Y's contracts
being negotiated down in 2019 during its budget reconciliation process, we emphasize the
continued support by the Ministry for renewables via the latest 3GW auction is a positive
nonetheless. Recent commentary from the Ministry has noted that wind and solar is competitive
at market prices and we see clear support for further renewable procurement on the back of the
latest announcement for an additional auction. Further, we note the previous auction proposals
were three times higher than the allocated capacity for the 2020 period which resulted in awards
at €43/MWh, the lowest price ever for onshore wind in Europe.

Nevada RPS Moving to 80°/oby 2040
The Nevada Assembly recently passed a bill to increase Renewable Portfolio Standards across
the state to 80% by 2040 vs. the current goal of 25% by 2025. AB 206 will now move to Senate
Commerce Labor and Energy Committee for consideration. We see the latest move to increase
RPS as a positive for utility scale PV developers. We note the bill is supported by clean energy
advocates, environmental groups and businesses such as MGM Resorts, who exited NV Energy's
service in favor of renewable energy.

NEE Signs Sub 3 Cent PPA in AZ
Tucson Electric Power recently signed a PPA for solar-plus-storage systems below $0.03/KWh
for 100MW solar array developed by N extEra. We note the pricing is significantly less than that
of the latest combined storage facilities with recent PP A's in Hawaii being quoted at $0.11/KWh.
Further, we note a continued decline with last Fall's proposal from Clean Peak Standard pegged
PPA's at -$0.145/kWh in 2015. We note the Tucson project is set to be online by 2019 and will
be Tucson's largest dedicated renewable resource.

Solar modules in India to be taxed 5% - Not 18%
Solar modules in India are now going to be taxed at a rate of 5% vs the prior 18% that was
announced under the Goods and Services Tax (GST) several weeks ago. The discrepancy
essentially boiled down a typo in the document which was released. Although the increase to
5% is not an unequivocal positive vs the 18% previously, we do not see a significant impact on
the longer term trend. Nonetheless, we believe -90 cent installed utility scale solar would yet be
susceptible to even minor changes in the panel pricing, so there could be some effect before the
price hike resets

Engie Adds Sungevity EU business to ops
Engie is adding the European operations of Sungevity to its portfolio of distributed energy

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 offerings. The Netherlands based arm of the Sungevity was acquired for an undisclosed amount
while the new US based part of the company's name was changed to Solar Spectrum. Engie will
operate the EU arm in Belgium, the Netherlands, Germany and the UK. Engie has been building
its DR business with the latest acquisition the company move into the resi sector. We note this is
the first deal for both companies to address the solar market in Belgium, in which Engie
currently has 2.8Mn of customers.

Takeaway's from EPRI
We met recently with the longer term policy Electric Policy Research Institute (EPRI) and noted
both AMI and Storage are well in focus.
AMI Roll Out

As AMI rolls out across most utilities today, the larger communications network will be
increasingly relevant and important. One of the key areas of focus would be standardized 'plug
in' infrastructure; as technology changes, the plug in modules can be switched between
distributed assets (for example, future hot water heaters could have a simple female plug
interface) - this will be part of the shift towards a smarter distributed grid, yet who shares those
costs isn't yet quite clear. Regardless, one of the other key areas of focus will also be the ability
to communicate more effectively - ability to curtail will be key as penetration rates reach the mid
single digits.
Storage

On the storage front, lithium ion is clearly the focus for the next decade but we appear to be
largely beyond the 'overhype' phase and into implementation. Case in point was the Tesla
Powerwall, which from announcement to implementation (one year later) reduced cost by half,
doubled power, and cut the size by 60%. Yet the clearest example of large scale storage
deployment of late is the Aliso Canyon situation, which was resolved much faster than expected:
1) RFP was issued in June 2016, 2) awarded in Sept 2016 and 3) final commissioning Jan/Feb
2017. While this is due in part to policy goal implementation, this still suggests batteries are
being used as peaker replacements years ahead of schedule. EPRI is forecasting that storage at
$1,400/kW can be competitive with natural gas turbines by 200.
JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumoulin-smith@ubs.com
JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105

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 ierimiah.booream@ubs.com
ANTOINE AURIMOND, CFA
Equity Research
212.713.1414
antoine.aurimond@ubs.com
NICHOLAS CAMPANELLA
Equity Research
212.713.2851
nicholas.campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research reports.
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Investors should consider this report as only a single factor in making their investment decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
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Commission/Environment Protection Agency regulations could have a negative impact on our
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from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

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12-Month Rating
Definition
Coverage 1
Buy
FSR is > 6% above the MRA.
45%
Neutral
FSR is between -6% and 6% of the MRA.
39%
Sell
FSR is > 6% below the MRA.
15%
Short-Term
Definition
Coverage 3
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Stock price expected to rise within three months less than 1%
Buy
from the time the rating was assigned because of a
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Sell
from the time the rating was assigned because of a
specific catalyst or event.

IB Services 2
28%
25%
17%
IB Services 4

less than 1%

less than 1%

Source: UBS. Rating allocations are as of 30 September, 2016
UBS Investment Research Equity Ratings:
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Percentage of companies within the 12-month rating category for which investment banking (IB)
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EXCEPTIONS AND SPECIAL CASES: UK and European Investment Fund ratings and
definitions are: Buy: Positive on factors such as strncture, management, performance record,
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 discount; Sell: Negative on factors such as structure, management, performance record, discount.
Core Banding Exceptions (CBE): Exceptions to the standard +/-6% bands may be granted by
the Investment Review Committee (IRC). Factors considered by the IRC include the stock's
volatility and the credit spread of the respective company's debt. As a result, stocks deemed to be
very high or low risk may be subject to higher or lower bands as they relate to the rating. When
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AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000364
ED_ 001686C _ 00000384-00010

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Project On Government Oversight
Sat 6/3/2017 1:59: 18 PM
White House silence to lawmakers' requests raises questions

Wh ite House Si lence to Lawmakers· Requests Raises
Eyebrows, Questions
Is it frustrating to have a White House ignore inquiries from Members of Congress from
the minority party? Yes. Is it new? On its face, not particularly. But there's a caveat.

Read more

Saudi Arabia l obbyi ng Efforts in the Spot li ght
Wea k enforcement of foreign lobby ing laws left US military veterans lobbying on behalf of
Saudi Arab ia in 20 16 and 20 17, unaware they were doing so - a multi-million dollar
lobby ing effort that included 22 different lobby ing firms.

Read more

White House Releases Eth ics Waivers After Battle w it h OGE
The Wh ite House reversed its decision to fight the Office of Government Ethics over the
release of government ethics records the day after POGO requested that it should
proactively release copies of ethics waivers.

Read more

A Spec ial Counsel Shou ldn't Keep Congress from Invest igat ing
Congress iona l investigations can bring to light important information that would have
been left unaddressed by a criminal investigation .

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EPA-17-0193 and EPA-17-0194-A-000365
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 Read more

How Not to Build a Shi p: The USS Ford
The USS Ford is a monument to the Navy's and defense industry's ability to j ustify
spending billions in taxypayer dollars on unproven techno logies that often deliver wo rse
performance at a higher cost.

Read more

Strengthen ing Wh istleb lower Protections St ill a Bipartisa n Issue
Before Memorial Day recess and with little fanfare , Congress passed legislation to close
a significant loopho le in the Whistleblower Protection Act.

Read more

Littora l Combat Ship Budget Games
This year's Pentagon budget originally included a small victory for taxpayers: it reduced
its request for the troub led Littora l Combat Ship (LCS) to only one ship for $1 .2 billion.

Read more

Trump Will Not Delay Launch of Retirement-Adviser Fiduciary Rule
The Department of Labor will let an Obama administrat ion Wall-Street ethics rule take
effect next week.

Read more

The Pentago n' s Silver -Bullet Hype Mach ine
In our post-9/ 11 environment , any failure to fund a possible silver bullet is deemed
unpatriotic, and is too often cited as evide nce that skeptics don't care about our men and

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000366
ED_ 001686C _ 00000386-00002

 women in uniform

Read t he co lumn

Government Executive

Bill to Protect Whistleblowers Who Refuse to Break Rules Goes to President
The nonprofit Project on Government Overs ight welcomed the bill as plugging a gap. "While
there are more improvements necessa ry to strengthen whistleblower protections in this
Congress," wrote POGO policy counse l Liz Hempow icz, "the passage of this bill closes a
dangerous loophole, and we applaud Representat ive Duffy for spearheading this effo rt."

Government Executive

Effort to Save Agency from Budget Ax Draws Allegations of Wrongful Lobbying
Scott H. Amey , general counsel of the nonprofi t Project on Government Oversight, said:
"Engle r's involvement on this save CSB lobbying campaign likely constitutes a violation of the
federa l anti-lobbying law . That said, I wouldn't expect Uncle Sam to move forward with a case
against him because the lobbying doesn't rise to Justice's legal threshold of a 'substantia l' or
'large-scale ' expense of public funds."

Project On Government Oversight (POGO)
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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Nextgov
Thur 6/8/2017 6:01 :49 PM
Veterans Affairs to Adopt Same Commercial Health Records Platform as DOD
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 From:
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jerimiah.booream@ubs.com
Thur 6/1/2017 11 :30:08 AM
UBS: NRG: Moving to the Next Stage: Upgrading to Buy ($20 PT)

disclaim.txt

If you have found our research to be valuable , we would appreciate your consideration for both
the Electric Utilities and Alternative Energy categories in the upcoming Institutional Investor (II)
survey.

NRG Energy Inc.
Moving to the Next Stage: Upgrading to Buy

Please Click Here for the Full Note

Upgrading to Buy; Magnitude of cost cuts remains central to the story
We are upgrading NRG to Buy as the GenOn settlement and the latest PJM auction add clarity to
the story while the cost cutting thesis remains intact and the major near term catalyst for the
stock. While the deadline for the review is set for Aug 14, we expect more details to transpire
sooner and could well see mgmt. update 2017 guidance in the coming weeks given the added
clarity provided by the Gen On settlement. We continue to assume $140 Mn of cost cuts related
to unallocated expenses as well as the complete offset of the GenOn dis-synergies (-$100 Mn) in
our base case valuation and see further savings potential within the retail and renewable
segments.
Gen On settlement constructive for NRG as move beyond legacy portfolio
We see the proposed GenOn settlement as positive, as the -$150 Mn net cash contribution (plus
the assumption of the -$120 Mn underfunded pension plan) is lower than many investors feared
given the tangible threats of substantial litigation, notably related to the Shared Services

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000372
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 Agreement and previous asset transfers. Under the settlement, NRG would be fully released from
any obligations and the noteholders would drop all litigation with NRG. With the GenOn RSA
now garnering more than 90% support among both GAG and GEI noteholders, we expect the
proposed plan to be implemented within the next 4-6 months (see our full review of the RSA
here).
PJM Auction now behind; adds further clarity
The recent PJM auction removes yet another uncertainty for the stock. Despite a headline RTO
number down -24% Yo Y, NRG ex-Gen On cleared most if not all of its assets, and the negative
impact on revenue was mitigated by the exposure to higher-priced regions. Further, with the
company splitting from GenOn, NRG is decreasing its exposure to lower-priced regions such as
PEPCO and MAAC and becoming more of a EMAAC play (-84% of proforma PJM capacity)
which was able to retain its premium pricing in the last auction at -$188/MW-day (see our
related notes
and here).
Valuation: Upgrade to Buy, Increase PT to $20/Sh; awaiting guidance update
We are upgrading NRG to Buy and increasing our PT by $1 to $20/Sh as we mark-to-market our
power and gas price assumptions and include the impact of the Gen On settlement (cash
contribution and pension assumption). Our valuation remains based on a 2020E SOTP.

Buy

(Price target

US$20.00)

NRG Energy Inc.

Research a guide to our thinking and what's where in this
THESIS MAP report
PIVOTAL
Q: What is the cost savings opportunity?
QUESTIONS
NRG's relative O&M and SG&A expenses seem larger than peers at first sight.
While we believe this is partly explained by the differentiated business model
(large retail operation, large renewable portfolio), we believe there is room to
reduce these expenses. Specifically, mgmt. has indicated $140 Mn of unallocated
expenses will essentially go away in the 2018 timeframe. Additionally, mgmt. is
confident it can offset a substantial portion of the synergy losses associated with
the Gen On separation, which we estimate at -$100 Mn. While we include these
two items in our base valuation as we see these as the most tangible cuts so far,
we could see further savings potential on the retail and renewable front. We
expect further clarity at the formal BRC deadline on Aug 14, if not earlier.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000373
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 Q: Is the Gen On settlement a good outcome for NRG?
We believe the $150 Mn net cash contribution and the assumption of -$120 Mn
of pension liability as part of the settlement with noteholders is a positive for
NRG as that amount is lower than many investors feared given the tangible
threats of substantial litigation, notably related to the Shared Services Agreement
and previous asset transfers. The main question remains the extent to which the
company can cope with losing the Shared Services Agreement; the company
remains confident it can offset a significant portion of the loss.
more g
With the GenOn overhang likely to be resolved in the near future given the 90+%
RSA support, and with the latest PJM auction past us, we believe the story has
become substantially clearer and now comes down to the findings of the Business
Review Committee (BRC). We believe the stock has come down substantially
from its highs in mid-April (see chart below) as mgmt. had been a bit more
cautious on the magnitude of potential cost savings than many had anticipated on
their recent 1Q call. While the shares have partially recovered since on the back
of the broader power sector, we see incremental upside to NRG equity valuations
given the more modest expectations baked into the shares.
EVIDENCE Mgmt. recently provided its cost strncture and comparisons, presenting the
company favorably vs. peers on an O&M plus SG&A plus maintenance capex per
kW basis. We see benchmarking as skewing constrnctively on cost cuts. We
assume -$240 Mn cost savings in our base valuation.
WHAT'S
The market is giving NRG little credit to its ability to achieve significant cost
PRICED IN? savings. At current prices, the market implies -$100 Mn of cost cuts vs. the
-$240 Mn estimate in our valuation.
11i:t,a21
UPSIDE/
DOWNSIDE
SPECTRUM

UBS VIEW

Value
drivers

2020E
Cost Savings NYLD Value
EV/EBITDA ($Mn)
per NRG
Multiple
Shares

$11

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000374
ED_ 001686C _ 00000396-00003

 $29 upside
$20 base
downside

8.7x
7.3x
6. lx

$380
$240
$100

$5.08
$4.81
$4.54

Source: UBS

morcg
COMPANY NRG Energy, Inc. (NRG) operates one of the largest independent power
DESCRIPTIOT'generation portfolios and retail electricity businesses in the US . NRG controls
over 46GW of power generation ...
more g

NRG Energy Inc.

UBS Research

6
What Do We Think of the Shares?
With the GenOn overhang poised to be resolved in the near future given the 90+% RSA support,
and with the latest PJM auction past us, we believe the story has become substantially clearer
and now comes down to the findings of the Business Review Committee (BRC), more
specifically how much cost savings can be realized and what is the strategic direction for the
Renewable business and ownership ofNYLD. While the official deadline for the BRC remains
Aug 14, we'd expect more tangible details to likely emerge within a shorter timeframe.
Specifically, we look for mgmt. to formally update guidance and provide an updated view of
their strategy and costs outlook ex-GenOn in the near term.
We believe the stock has come down substantially from its highs in mid-April (see chart below)
as mgmt. had been a bit more cautious on the magnitude of potential cost savings than many had
anticipated on their recent 10 call. While the shares have partially recovered since on the back of
the broader power sector, we see incremental upside to NRG equity valuations given the more
modest expectations baked into the shares. Indeed, current levels imply cost savings of only
-$100 Mn vs. the -$240 Mn estimate in our valuation (the previously announced $140 Mn of
unallocated expenses, plus the offset of the Gen On dis-synergies, which mgmt. is confident it
can achieve), and a far cry from the $1 Bn estimate some investors have been contemplating.
Furthermore, we perceive an upside skew on NYLD. While mgmt. has expressed its commitment
to the YieldCo and its renewable business thus far, we see pressures to divest the portfolio as
part of the cost evaluation process, as a divestment would notably allow the company to cut on

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000375
ED_ 001686C _ 00000396-00004

 development expenses ($90 Mn in 2016). The question remains whether the company would be
able to sell NYLD at a premium to current levels; as NRG uses the YieldCo as a growth
platform, we doubt the company would part with NYLD unless a substantial premium is
realized. We further note the recent consolidation in the space (TERP being acquired by
Brookfield, FSLR selling its interest in CAFD , and ABG in the process of selling its -42% stake
in ABY ) is also constructive.
Figure I: YTD Stock Performance
$0(1:) --

llO(l:i
3~111',

-

--

-

-

----

-

-

----

-;,,:;:---f-,;;;~r,J..;:.

- - --1c::::::=:'=!.~::=__:_:_
________

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__

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---

•l 7

-

--------

ftH7
-

Ll•r• 17
UG

ra

Source: FactSet

What are the key issues that have been resolved?
We note the following developments in recent months that augur well for shares aside for the
forthcoming guidance updates.
•· VST's retail value readthrough: We see the healthy valuation embedded in shares reflects
well upon confidence in retail valuations and presents a clear valuation readthrough back to
NRG. We expect valuation methodologies and implied EV /EBITDA to converge over time. We
note our Sell rating on VST is embedding the same unlderying valuation multiples that our NRG
upgrade below is embedded upon including potential cost synergies from both.
•· PJM de-risking: With NRG's stand-alone prospects now largely oriented in ComEd, we see
a certain degree of resiliency in pricing. Overall, we see an ability now to eactually expand
pback into PJM should the company so choose, enabling yet another strategic angle in the future.
Any such move would likely be accompanised by corresponding corporate synergies and reenabling of corporate synergies
•· Private value bid for IPPs? We note that the bid for Calpine has reinvigorated a
willingness to value IPP assets of all flavors; we see NRG as a potential beneficiary of this lower
discount rate.
•· Focused on cost reductions-and market improvement: We emphasize that both NRG
and peers will continue to look at both O&M and SG&A, both improving their EBITDA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000376
ED_ 001686C _ 00000396-00005

 projections, likely in the near-term with updated pro-forma GenOn update (potentially in the
next several days) but also in likely tightening up the ER COT market. We note sparks have
begun to shift back upwards as reflected in our updated estimates.
• · Gen On resolution: We see shares as de-risked around the resolution here with both a figure
well within Street expectations as well as seeming clean move away without protracted litigation
around peripheral issues (such as previous asset transfers to NYLD, etc).

The Question on Cost Reductions
We emphasize cost reductions remain a clear focus for mgmt. into any updated guidance without
GenOn as well as into the 2Q BRC update. We caution that updates could well involve both
costs to achieve as well as an extended timeline to achieve ultimate savings. We also emphasize
the importance of noting EBITDA and capital improvements in prospects. Further, we see asset
retirements and divestments as critical to this overall repositioning, specifically around its Texas
wholesale portfolio which appears to generate material negative FCF on an open basis. While
we may not get the full cost updates in coming weeks with the pro-forma GenOn outlook this
should provide an early indication of where these factors are headed. While mgmt. cautioned
with 1Q on how it wanted to position its total cost cuts, we see our $20 PT as predicated on
simply the offsetting of Gen On costs as well as the $140 Mn in Corporate SG&A, well below the
contemplated cuts expected across the Street.

Updated Valuation: Increase PT to $20/Sh
We are upgrading to Buy and increasing our price target by $1 to $20/Sh. We continue to include
$240 Mn of cost savings associated with the BRC, including the $140 Mn of Corporate SG&A
cuts as well as assuming the loss of Gen On will not result in any corresponding dis-synergies,
which represents a -$100 Mn of improvement in cost structure to re-assign and reduce the
allocated portion of the cost savings. Our valuation remains based on a 2020E SOTP. The $ I/Sh
price target increase is explained by the following factors:
•· Including the -$261 Mn cash contribution as well as -$120 Mn underfunded GenOn
pension plan liability NRG will assume as part of the Gen On settlement.
• · Marking-to-market our power and gas price assumptions to reflect the latest forward curves
(resulting in 2020E EBITDA increase of -$120 Mn all else equal) and NYLD stock price
increase from $17.50 to $17.78.
• · Compared to our previous iteration, we are now formally excluding all Gen On-related items,
including $112 Mn of operating leases payments, $89 Mn of 2019E EBITDA, the $2,525 Mn of
non-recourse debt, the $929 Mn PV of operating leases, as well as $1,034 Mn of cash. Note that
this does not affect our valuation as we were already adding back the negative Gen On equity
value (-$3.50/Sh).

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000377
ED_ 001686C _ 00000396-00006

 ••
We also combined our Northeast and EME lines (excluding the Trading segment, which we
continue to capitalize at a lower multiple) under the new Northeast/Midwest line, with no effect
on the overall valuation.

Figure 2: Updated SOTP Valuation

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000378
ED_ 001686C _ 00000396-00007

 Bate
Base JPPM uJtipk =

High

Low

Bate

8. 0x

Texas

12

0. a,;

8.0X

9.0X

86

98

South Central

41

0. C«

8.0X

9.0X

290

331

NortheastJMidwest

278

a. o,,·

8.0X

9.0X

1,949

2,227

EMMT (Trading)

32

-2.0 x

6.0X

7.0X

1 58

189

West {All-Inclusive)

68

·2.0x

7.0X

341

409

h)

230

3. 0<

12.0X

2,297

2,527

Retail Businesses (Reliant, GM, E-t-,D)

704

-2.0x

7.0X

3,522

4,227

8.0X

3,033

3,539

11,615

14,521

Renew

Other, Corporate,andUnallocated
Synergies
Cost Sa'o'ings

506

1.0x

140

-1.0 x

7.0X

-0,flx.

1.2x

2,011

TotalI Im plied

5.8x

980

8.6x

Net Debt and Other: 12131/16
(7,795)

NRG Recourse Debt

(7,7 9'3}

(88'

(88)

GenOn Settlemen t Cash Contribution

(261)

(26 1)

GenOn Underfunded Pension Plan

(12 0)

(120)

EME PV Operatingleases:

Other Conventional Debt (Non-Recourse)

(238'
(1,736)

Solar Non-Recourse Debt (Ex. lvanpah)
Cash

NPV of Equity Hing Hedged EBITDA Methodology

(238"j
(1 I 736)

939

939

2,316

5,228

(572)

(664)

(512)

(664)

Open Analysis
(92)

PCIJl/erHedges

Total

6.2:>::

7.2:>:: 8.2:>::

add r•JPVof Power Hedges

357

NPV of Equity Hing Open EBITDA Methodology

2,160

4,920

NYLD dan A & C Awrage Share Price

16.78

11.18

NYl D Equit, Value

1,434
4.54

1,520
4.81

316

316

$ft hare for NH

Energy(85Mn Share.t Owned (I & D)J

Estimated 2020 Shares Outstanding

Source: Company Filings, FactSet, UBSe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000379
ED_ 001686C _ 00000396-00008

 Updated EBITDA Estimates
We include below our updated EBITDA estimates, which we marked to market to reflect the
latest power and gas forward curves. We are now formally excluding Gen On from our estimates
starting in 2018. Additionally, we continue to expect 2017E EBITDA towards the low end of the
range at -$2,740 Mn, plus an estimated $70 Mn in cost savings.

470
118

204
136

86
123

30
36

8

12

45

41

1,034

711

239

326

336

310

West

102

219

120

71

68

68

NYLDEliijble

171

187

139

1.97

241

260

NYLD

720

899

9 20

7.97

796

7.96

Gliditoce

705

885

920

RetailBuine,ses

739

811

705

700

702

704

700·750

725-775

700-76'0

506
140

506

506

140

140

Texas

South Central
Northea:t/Midwest

Glidltnce

less HedgeMonetintion

(98)

506

Corporate,Other, and Unalocated S~nergies

Cost Sa\ings

C.llltlfflll _lllTDA l1t (#$/ Jl/11)
GenOn EBITDA
Est. (E:,,d.)

70

~.:!.!.!
. ...........
?:.!~.!.............
~:?!
.~
.....
.

______________

2_.12! ........
.... . .
144
228

89

(20)

Source: Company Filings, FactSet, UBSe

NRG Energy Inc.

UBS Research

return

Q

Q: What is the cost savings opportunity?
UBS VIEW
NRG's relative O&M and SG&A expenses seem larger than peers at first sight While we believe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000380
ED_ 001686C _ 00000396-00009

 this is partly explained by the differentiated business model (large retail operation, large
renewable portfolio), we believe there is room to reduce these expenses. Specifically, mgmt. has
indicated $140 Mn of unallocated expenses will essentially go away in the 2018 timeframe.
Additionally, mgmt. is confident it can offset a substantial portion of the synergy losses
associated with the Gen On separation, which we estimate at -$100 Mn. While we include these
two items in our base valuation as we see these as the most tangible cuts so far, we could see
further savings potential on the retail and renewable front. We expect further clarity at the formal
BRC deadline on Aug 14, if not earlier.
EVIDENCE
The $140 Mn of unallocated expenses classified as Corporate Overhead are for the most part
associated with resi solar, a business NRG is winding down, thus giving us confidence these
costs will be substantially reduced or eliminated by 2018.
WHAT'S PRICED IN?
The market is giving NRG little credit to its ability to achieve significant cost savings. At current
prices, the market implies -$100 Mn of cost cuts vs. the -$240 Mn estimate in our valuation.

Cost analysis by segment
We include two main sources of cost savings in our valuation:
The $140 Mn of NRG Corporate expenses are unallocated expenses, which are largely
associated with the Resi Solar business NRG is winding down. Other items include the stadium
naming rights which expire in 2032. We stress these are the most tangible cost cuts so far as
mgmt. assures these expenses will essentially go away in the 2018 timeframe. We assume the
full $140 Mn of savings in our base valuation.
••

The $208 Mn of Gen On SG&A cost is mainly composed of the -$193 Mn shared services
payment, and we estimate -$100 Mn of that is NRG cost allocated to Gen On. With the company
splitting from Gen On, mgmt. remains confident it can offset a substantial part of the synergy loss
through cost cutting and redundancy elimination measures. We assume $100 Mn of savings in
our base valuation.
••

Wefurther highlight the following points:
We contrast Renew's cost relative to NYLD's, particularly on an SG&A/kW basis which is
almost tenfold for Renew at -$29/kW vs. $3 .4/kW for NYLD. We suspect the discrepancy is
likely due to the at-cost services agreement between NRG and the yieldco, as well as the more
expensive Ivanpah. Further development opportunities remain also exclusively within the
purview of NRG the parent sponsor; while the bulk of development costs are reflected in a
separate 'development line item, there are still costs allocated to Renew for this purchase. While
we don't exclude some cost re-allocation in the future, we doubt it would be implemented given
••

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000381
ED_ 001686C _ 00000396-00010

 the valuation arbitrage at NYLD. Regardless, the size of Renew ($60 Mn SG&A for -$200 Mn
total cost) somewhat limits the scale of any potential savings. In any event, we emphasize the
main question remains how NYLD fits into NRG's overall strategy: we note mgmt. continually
stresses the importance of a strong and growing renewable pipeline, with NYLD as its
centerpiece as a platform to monetize assets and capitalize on the fundamentals of the industry.
How much savings can be achieved at the Retail segment remains the main unknown ($800+
Mn of total costs in 2016, and -half of the company's consolidated SG&A). A future question as
part of NRG's cost mgmt. reductions remains whether costs specific to the retail effort to focus
more narrowly on just the incumbent portfolio rather than retaining low margin customers via
costly customer acquisition and retention efforts merits the effort. A further question is to what
extent the expensive marketing arrangement in place maintains the brand recognition necessary
to ensure legacy customers remain. We see this as a secondary angle in the cost reduction
exercise.
••

Retail

0

Renew

2,053

3 .9

141

60

$36.3

$15 .5

~lYLD

4,692

11 .2

239

16

$21.4

$1.4

16.423

26.0

14,08S

SU

GenOn

Gulf Coi st

9,$62
2,286

b;;t

Wtst
Othtt :imd Efiminition;;

$49.2

$13.6

9.S

$S3.8

$S4.4

4.4

$12.':I

$6.S

749

~

Total OB!Mir.:!ude,Other

Cost of

NYLDcapacity erludesThermal
Gulf Cost. Eut

exp., in,urance, pr operty and other taxes

(1,645 WI;
exdude Ger.On

Assum es G enO n Total OB!Mco!ls are allocated 80120 to Core Generation's Ea!l and West segments
Development expenses ($50 Mn in 33 16) are not induded

Source: Company Filings, UBSe

How does it look vs. peers now?
We benchmark below NRG Core Generation and GenOn against the IPP peers, CPN and DYN.
Overall, we are increasingly cautious on the potential for expectations to meet material cost
cutting on the Core Generation side as we believe the $8-9/MWh higher total cost vs. peers
mostly stems from characteristics of the portfolio itself rather than inefficiencies. See our
transcript on the subject as well with ex-GenOn CEO Ed Muller.
•···

Indeed, while NRG Core Generation O&M/kW is higher than its peers at -$46/kW vs.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000382
ED_001686C_00000396-00011

 -$37/kW, we suspect this is explained by the fleet itself: DYN and particularly CPN have a
greater concentration of CCGTs which are cheaper to operate, while NRG Core Generation's
portfolio is mainly composed natural gas steam turbine, oil, and coal-fired power plants.
•··· NRG Core Generation SG&A/kW is sensibly similar to peers at $6.1/kW vs. $5.9/kW
average for CPN and DYN. We again highlight GenOn's seemingly inflated SG&A which stands
at -double that of NRG Core Generation and the IPP peers on a $/kW basis. We suspect some of
the difference could be explained by different cost allocation between O&M and SG&A at
GenOn vs. Core Generation given the similar total expense levels.
•··· NRG's maintenance CapEx seemed skewed towards GenOn in 2016, with more than 2/3 of
the work performed at the sub. We note GenOn's maintenance CapEx is expected to decrease -in
half to $109 Mn in 2017. Further, we highlightNRG's total maintenance CapEx (Core
Generation plus Gen On) is substantially lower than its peers at -$7 /kW vs. low teens.

Total E:,,p
I Generation(S'M'Wh)

$22.l!l

$40.5

$14.4

$13.9

$13.4

Notes:
CPNdata is for the who! e company fnduding retail segment)
DYN data e>dudesEngieassets

Source: Company Filings, UBSe

Comparing Fleets
We include below a fleet comparison by fuel and ISO and again highlight NRG Core

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000383
ED_ 001686C _ 00000396-00012

 Generation's greater concentration of gas ST and oil-fired power plants vs. peers. We highlight
the DYN data excludes the Engie assets; once included, the proportion of CCGTs in the portfolio
will increase by -10 points at the expense of coal, while the exposure to ER COT will rise from
0% to 15%, at the expense of CAISO and MISO.

Gas CCGT
Gas CT
Gas ST

Oil
Coal
Nuclear
Other

12%
9%
26%
14%
33%

13%

6%

85%
8%

41%

3%

1.5%
15%

1%
0%

3
1

4

4%
0%

0%

0%

0%

3%

Total

100%

1(}(},0

100%

10

PJM
MISO

20%
13%

59%
5%

19%

4

3%

2

6%

7%
7%
13%

8%
1%
22%

1

0%

36%

ISO-NE
NVISO
CAJSO
ERCOT

13%

Other

9%
39%
0%

Total

100%

0%

10%
100%

10

tJat.e:.For a:,st comparison purposes,DYNdata exdudesthe Engieassets
Source: Company Filings, SNL Financial

NRG Energy Inc.

UBS Research

return

Q

Q: Is the Gen On settlement a good outcome for NRG?
UBS VIEW

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000384
ED_ 001686C _ 00000396-00013

 We believe the $150 Mn net cash contribution ($261 Mn contribution plus -$13 Mn pension
contribution in 2017, partially offset by the return of $125 Mn on the revolver) and the
assumption of -$120 Mn of pension liability as part of the settlement with noteholders is a
positive for NRG as that amount is lower than many investors feared given the tangible threats of
substantial litigation, notably related to the Shared Services Agreement (see our related note
here) and previous asset transfers. The main question remains the extent to which the company
can cope with losing the Shared Services Agreement. While the company remains confident it
can offset a significant portion of the loss, it remains unclear how much of these savings would
be specific to Gen On or as part of the broader cost evaluation with the BRC (Business Review
Committee). Finally, the entitlement to a "worthless stock deduction for federal income tax
purposes" would result in NOLs (magnitude TBD), which could provide some upside.
EVIDENCE
The $150 Mn net cash contribution and-$120 Mn of pension liability assumption is
substantially lower than the $729 Mn litigation filed by the GenOn noteholders. In addition,
separating from GenOn would avoid -$300 Mn/year avg. negative FCF generation under the
current structure according to our forecast. Finally, losing the GenOn portfolio would increase
NRG's relative exposure to premium-priced ComEd to 84% of PJM capacity, while overall
portfolio exposure to ER COT (the power market on which we are the most constructive - see
our ERCOT CDR note here) from 24% to 39%.
WHAT'S PRICED IN?
NRG's stock price increased by -$0.50/Sh since the first GenOn settlement 8K was released on
May 23. While the timeline coincides with the results of the PJM auction, making it challenging
to isolate the true impact, we believe the market took the announcement positively. The key
question remains how much dis-synergy offset does the street believe the company can achieve.

GenOn Projections
We include below our GenOn EBITDA projections. We highlight the degrading profitability
profile in the later years, particularly in PJM given the sharp decline in capacity payments,
notably in MAAC and PEPCO where the majority of GenOn's fleet is located.
Figure 7: GenOn EBITDA Projections

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000385
ED_ 001686C _ 00000396-00014

 EasternPJM

209

70

44

(3)

{55)

Western PJMIMISO

274

(23)

53

2

(30)

27

27

27

27

27

39

69

103

61

36

2

2

2

2

2

112

112

112

201

!)2
- 74.3><.

California
Other (Ne,y England,F\IYetc.)

,,

Energy MarketingGas Contracts

AdjHtad HITDA ••ida • ce
Plus:Operating LeaseExpense

145

112

112

Adj. EBITDAlt
20161 Net Deht/ Adj. EBITDA
20161 Net Debt Ind. I.eases / Adj. EBITDAI\

256
2.7x

10.3><.

6.5x

16.&x

3.8x

!).8><.

1Ax

12.5><.

27.4x

Source: Company Filings, UBSe
We also include below our GenOn FCF projections and emphasize the current strncture would
result in -$300 Mn negative FCF generation per year on average.
Fi ure 8: GenOn FCF Pro·ections
tlil • O• •••C.lfla:wWMi

IZ0181

Be:ginning OHh Balance

1,034

738

602

20201
326

326

(58)

Adjusted EBITDA
Less:Interest Expense
Less:Other .Adjustments
Less:Total Capex

,,

Endingc:a,h Balance
PCP••idaiaca

738
(300)

Source: Company Filings, UBSe

What does NRG look like without GenOn?
By fuel type: We note the portfolio composition by fuel wouldn't necessarily change much:
Figure 9: Total Capacity by Fuel - With
GenOn scenario

Figure I 0: Total Capacity by Fuel - Without
GenOn scenario

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000386
ED_ 001686C _ 00000396-00015

 GasCCGT
13%

3%

4%

GasCCGT

12%

GasCT
8%

Gase
9%
33%

14%
14%

Source: Company Filings, SNL Financial, UBS

Source: Company Filings, SNL Financial, UBS

By ISO: Without GenOn, NRG's exposure to PJM would decrease significantly from -35% to
-20%, while the portfolio would become more concentrated in ERCOT, with the TX market
accounting for -39% of capacity vs. -24% currently.
Figure 11: Total Capacity by ISO - With
GenOn scenario

Figure 12: Total Capacity by ISO - Without
GenOn scenario
PJM

ERCOT

24%

PJM
ERCOT
39%

MIS
13~
CAlSO

14%

ISO-NE
6%

Source: Company Filings, SNL Financial, UBS

9%

NVlSO
13%

Source: Company Filings, SNL Financial, UBS

Within PJM: The remaining NRG (ex-Gen On) would then largely become a ComEd play with
-84% of total capacity in this zone vs. only -30% currently.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000387
ED_ 001686C _ 00000396-00016

 Figure 13: PJM Capacity by Zone - With
GenOn scenario
DPL
EMAA.C 4%
4
ATSl %
1%

Figure 14: PJM Capacity by Zone - Without
GenOn scenario

RTO

DPL
12%

6%

PEPCO
2%

MAAC
2%

PEPCO
32%

MMC
18%

30%

Source: Company Filings, SNL Financial, UBS

ComEd
84%

Source: Company Filings, SNL Financial,
UBS

JULIEN DUMOULIN-SMITH, CFA
Executive Director - Equity Research
Electric Utilities, Alt Energy & IPPs Group
UBS Securities, LLC
1285 Avenue of the Americas
New York, NY 10019
212. 713.9848
iulien.dumou lin-smit h@ubs .com
JERIMIAH BOOREAM, CFA
Associate Director- Equity Research
212.713.4105
ierimiah .booream@ubs .com
ANTOINE AURIMOND, CFA
Equity Research
212.713.1414
antoine .aurimond@ubs .com
NICHOLAS CAMPANELLA
Equity Research
212. 713.2851
nicholas .campanella@ubs.com
This report has been prepared by UBS Securities LLC. ANALYST CERTIFICATION AND REQUIRED
DISCLOSURES AT END OF NOTE. UBS does and seeks to do business with companies covered in its research reports.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000388
ED_ 001686C _ 00000396-00017

 As a result, investors should be aware that the firm may have a conflict of interest that could affect the objectivity of this report.
Investors should consider this report as only a single factor in making their investment decision.

Statement of Risk
Risks for Utilities and Independent Power Producers (IPPs) primarily relate to volatile
commodity prices for power, natural gas, and coal. Risks to IPPs also stem from load variability,
and operational risk in nmning these facilities. Rising coal and, to a certain extent, uranium
prices could pressure margins as the fuel hedges roll off Competitive Integrateds. Further, IPPs
face declining revenues as in the money power and gas hedges roll off Other non-regulated risks
include weather and for some, foreign currency risk, which again must be diligently accounted in
the company's risk management operations. Major external factors, which affect our valuation,
are environmental risks. Environmental capex could escalate if stricter emission standards are
implemented. We believe a nuclear accident or a change in the Nuclear Regulatory
Commission/Environment Protection Agency regulations could have a negative impact on our
estimates. Risks for regulated utilities include the uncertainty around the composition of state
regulatory Commissions, adverse regulatory changes, unfavorable weather conditions, variance
from normal population growth, and changes in customer mix. Changes in macroeconomic
factors will affect customer additions/subtractions and usage patterns.

Required Disclosures
This report has been prepared by UBS Securities LLC, an affiliate of UBS AG. UBS AG, its
subsidiaries, branches and affiliates are referred to herein as UBS.
For information on the ways in which UBS manages conflicts and maintains independence of its
research product; historical performance information; and certain additional disclosures
concerning UBS research recommendations, please visit www.ubs.com/disclosures. The figures
contained in performance charts refer to the past; past performance is not a reliable indicator of
future results. Additional information will be made available upon request. UBS Securities Co.
Limited is licensed to conduct securities investment consultancy businesses by the China
Securities Regulatory Commission. UBS acts or may act as principal in the debt securities (or in
related derivatives) that may be the subject of this report.
Analyst Certification: Each research analyst primarily responsible for the content of this research
report, in whole or in part, certifies that with respect to each security or issuer that the analyst
covered in this report: (1) all of the views expressed accurately reflect his or her personal views
about those securities or issuers and were prepared in an independent manner, including with
respect to UBS, and (2) no part of his or her compensation was, is, or will be, directly or
indirectly, related to the specific recommendations or views expressed by that research analyst in
the research report.

UBS Investment Research: Global Equity Rating Definitions
12-Month Rating
Definition
Buy
FSR is > 6% above the MRA.

Coverage 1 IB Services 2
45%
28%

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000389
ED_ 001686C _ 00000396-00018

 Neutral
Sell
Short-Term
Rating
Buy

Sell

FSR is > 6% below the MRA.
Definition

15%
17%
Coverage 3 IB Services 4

Stock price expected to rise within three months less than 1% less than 1%
from the time the rating was assigned because of a
specific catalyst or event.
Stock price expected to fall within three months less than 1% less than 1%
from the time the rating was assigned because of a
specific catalyst or event.

Source: UBS. Rating allocations are as of 30 September, 2016
UBS Investment Research Equity Ratings:
( 1 ) Percentage of companies under coverage globally within the 12-month rating category. ( 2)

Percentage of companies within the 12-month rating category for which investment banking (IB)
services were provided within the past 12 months. ( 3 ) Percentage of companies under coverage
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
IDERA
Thur 6/8/2017 2:15:02 PM
10 Lesser-known Capabilities of SOL Diagnostic Manager

1 O Lesser-known Capabilities of SQL Diagnostic Manager - Did you know that
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
pin kelephant=pi nke lephant. com@sa2 .scsend. com
Thur 6/15/2017 8:00:00 PM
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 To:
From:
Sent:
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Flynn, Mike[Flynn.Mike@epa.gov]
Government Executive
Thur 6/8/2017 5:00:46 PM
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ED_ 001686C _ 00000404-00001

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EPA-17-0193 and EPA-17-0194-A-000401
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EPA-17-0193 and EPA-17-0194-A-000402
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EPA-17-0193 and EPA-17-0194-A-000403
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000404
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000405
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
lain Kennedy
Tue 6/6/2017 6:48:31 PM
"The Journey to Predictive Analytics" - Sr Director at GAP

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 Copyright 2017 Innovation Enterprise

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 To:

From:
Sent:
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Flynn, Mike[Flynn.Mike@epa.gov]
Records Management Training Workshop June 20 2017
Thur 6/8/2017 2:33:43 PM
[SPAM] Early Bird Ends June 10th - Meeting the Gov Records Mgmt Mandates

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

Potomac Forum, Ltd

for Informat ion and Registration:
www .PotomacForum.org
The Leader in Government Training Since 1982

Keynote Speakers:
Don Rosen
Director of Records Management Oversight and Reporting
National Archives and Records Administration (NARA)
and
Arian Ravanbakhsh

AMERICAN

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 Additional

Government Speakers
Matthew Olsen
Acting Chief Privacy and Data Sharing Officer
Acting Executive Director
Office of Privacy & Information Management (PIM)
U.S. Department of Health and Human Services
Mark Patrick
Chief, Information Management Division
The Joint Staff Secretariat
Department of Defense

Additional

Government

Speakers

to be Announced

Soon

Potomac Forum Workshops are Not Conferences
We are 100% Educational Events
Organizational Cosponso rs:

AIIM
National Capital Chapter
www.nccaiim.org

ARMA International
Metro Maryland

Chapter

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 www .a rma-metromd

.org

Government and Industry Partners are Invited to Register

Goals of this workshop

are:

• Focus on email retention regulation and policy and email
best practices
• Provide attendees with a clear idea of the changes
envisioned in the Directive,
• Strategies to obtain funding for solutions
• Help understand the role of the Senior Agency Official {SAO)
in setting agency priorities and achieving program success
• Describe the developing roadmap that will lead to realizing
these changes, and
• Describe the steps individual records managers can do now
to align their work with the records management
future the
Directive envisions.
• Specific Agency Actions to be Completed in response to the
Directive by 2019
• Establishing a community
of interest for Records
Management
• Current email policy and regulations
• Tips for planning for the Directive's
2019 Deadline
Overview:
With the recent headlines regarding government
email retention
and e-discovery,
it is important
to understand
how the
NARA/OMB regulations
and deadlines will impact your agency.
This one-day Potomac Forum Workshop will focus on the
activities mandated by the NARA/OMB Records Management
Directive. Key executives from NARA and government
agencies
will discuss the directive and its implementation.
Detailed
review and analysis of the directive will be presented to help
agencies better understand what they need to do, how to do it,
and how to get the funding necessary to be successful. The
recent Agency Submissions to NARA are discussed along with
scores and suggestions for improving Agency Scores.
What You Will Learn:

AMERICAN

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 • What happens now that the 2016 deadline has passed
• What needs to be done to comply with the provisions of 0MB M-1218
• How the relationship between NARA and Federal agencies have and
will change
• How the role of technology will evolve in the achievement of 0MB
M-12-18's goals
• What this initiative will mean for Federal records management in
the short and long term
• What the components of a sustainable Records Management
program will be in this new environment
• A better idea of the commitment of time and resources needed to
comply with the Directive
• How the Senior Agency Officials can and are making a difference in
improving the management of government records
• NARA Requirements for managing email - lessons learned from
recent IRS news event - Complying with the Law - the Federal
Records Act and what it means for email and other records losses
• The November 2014 Records Management Legislation and what it
means to Agencies and Records Managers
• and more ...
Why You Should Attend:
• To gain a clear understanding of 0MB M-12-18
• To assist you in getting the best start on the many changes 0MB M12-18 will bring to your agency
• To learn key funding strategies to help your agency implement
solutions to meet its objectives
• Hear from other government officials about the practical aspects of
complying with the Directive
• Ensure success of your Records Management Program as you
implement the Directive
• Lessons Learned since the publ ication of the Directive
• Understand the NARA requirements for email management avoiding embarrassing non-conformance
• Understand email retention regulation, policy, and legislation.
Who Should Attend:
• CIO's and the Staff including technical staff involved with Records
Management
• Senior Agency Officials (SAO's) charged with responsibility for the

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 1mp1ementat1on ot solutions tor tne1r agency
• IGs and Staff
• Government Records Managers
• All those with responsibility for initiat ing and carrying out the
reforms mentioned in the President's Records Management
Directive
• Professionals responsible for managing information resources on an
enterprise-wide basis
• Those needing to understand latest NARA policy and guidance
• Contracting, Procurement and Acquisition Management
Professionals
• Program Managers Who Must Understand Records Management in
Government
• Government executives who want to understand email retention
and records management regulation, policy, and legislation.
• Industry Partners
Format:

This workshop will combine keynote presentations by NARA, lectures on
implementing the Directive, real world examples and discussions to
provide a thorough, enjoyable day of learning.

Workshops are NOT Sponsored by Advertisers or Paid
Sponsors
Workshops Present What You Need to Perform Your Job
- NOT What Sponsors or Advertisers Want You to Hear
"Early Bird" Reduced Registration Until June 10th
also
"Send a Team" Rates
The Previous Thirteen Potomac Forum Records Management Workshops
on Email, Records Management and the OMB/NARA Directive were
Rated as "Excellent" by Workshop Attendees
CEU Credits Awarded

Representative Student Testimonials from Previous Potomac
Forum Managing Government Records Directive from 0MB and NARA
Workshops

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000413
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 It was informative and what I have learned can be
taken back and applied to my office .
Records Management Specialist
Civilian Department
Excellent - I got a number of good ideas and suggestions .
Well worth the investment.
Regulation Council
Civilian Administration
One of the best trainings I have been to.
Records Manager
Navy Center
Very well done
Deputy Commissioner for Legislative and Congressional Affairs
Civilian Agency
The overall workshop was great . I learned a lot of valuable information on to help me
in my current position and provide additional guidance for my organization
Records Management Officer and Team Lead
DOT Agency
... for anyone who needs to follow the directive for records managemen t
Adm in Specialist
Civilian Commission
Outstanding!
Management and Program Analyst
DOT Agency
Very Well organized. Job well done!
DoD IG Specialist
Great!
Assistant Records Manager
Small Agency Commission

Workshop for Government

and Industry

Partners

"Early Bird" Reduced Registration Until June 10th
Learn Together Team Rates:
Reduced Registration Rate for Teams

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613

info@PotomacForum.org
Sponsored by:

Potomac Forum , Ltd.
Founded in 1982 as a non-profit educational organization

AMERICAN

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 Potomac Forum, Ltd is Proud to be:
Corporate Partner of
The Association of Government Accountants
Sustaining Partner
Association for Federal Information Resources Management
AFFIRM
Potomac Forum Direct Phone: (703) 683-1613
If this email is not of specific interest to you,
please forward to an associate.

Please DO NOT UNSUBSCRIBE

from this

"Records Management"
m ailing list.
Potomac Forum offers a wide variety of government related training events
which may be of interest to you in the future.
If you unsubscribe from this "Records Management" list, you will
not receive future notices for "Records Management" from this list.

Thank You.

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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
lain Kennedy
Thur 6/15/2017 6:54:37 PM
Re: Learn Workforce Analytics From Facebook, NASA, Airbnb & more

Hi Mike,
I just would like to follow up on my message below as the HR & Workforce Analytics Summit San Francisco will
be taking place next week on June 19 & 20.
David Gainsboro, People Data Analyst at Dropbox sat down with us just before the event! Read his full interview:
"Does A Data-Driven Culture Needs To Be Implemented From The Top Down".
Join David and 20 more Workforce Analytics experts at the event - book one of the last passes now !
Please contact me directly for more information on the summit.
Kind regards,
lain Kennedy
Global Events Manager
Innovation Enterprise
+1415610

5595

From: <ikennedy@theiegroup.com>
To: flynn.mike@epa.gov
Date: Tuesday, June 13, 2017
Sub·ect: Learn Workforce Analytics From Facebook, NASA, Airbnb & more

Hi Mike,
The HR & Wo rk fo rce A nalyt ics Summ it is almost sold out and with only a few days to go, this is
your last chance to join 100+ senior people analytics executives in attendance.
On June 19 & 20, you could meet and learn from leaders at Facebook, NASA, Chevron, GAP,
Dropbox, Western Michigan University, Aon , Tesoro, Aurora Health Care, Salesforce, Pfizer,
Airbnb, Virgin Pulse, Wyndham, Nestle Waters, and many others.
Don't miss out and register now with passes starting at just $600!

lain Kennedy
Global Events Manager
Innovation Enterprise

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000416
ED_001686C_ 00000412-00001

 Hi Mike,
The HR & Workforce Ana lyt ics Summ it is almost sold out and with only a few days to go, this is
your last chance to join 100+ senior people analytics executives in attendance.
On June 19 & 20, you could meet and learn from leaders at Facebook, NASA, Chevron, GAP,
Dropbox, Western Michigan University, Aon , Tesoro, Aurora Health Care, Salesforce, Pfizer,
Airbnb, Virgin Pulse, Wyndham, Nestle Waters, and many others.
Don't miss out and register now with passes starting at just $600!

lain Kennedy
Global Events Manager
Innovation Enterprise
+1 415 610 5595

Copyright 2017 Innovation Enterprise

AMERICAN

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 To update your email preferences please click on this link.

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Briauna Fisher
Thur 6/8/2017 1:25:43 PM
Need help making PPM more effective?

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 Flynn, Mike[Flynn.Mike@epa.gov]
Mocana
Thur 6/15/2017 5:46:38 PM
[SPAM] Mocana Webinar: Defending loT Devices Against Ransomware, Viruses & Worms

To:

From:
Sent:
Subject:

Join th is webinar to lear n abou t t he:
•
•
•
•

Detail of the systems and software that were compromised in recent cyber attacks
Common vectors of cyber attack on loT and industrial control systems
How to defend against cyber attacks by leveraging embedded security controls in loT
and ICS devices
How create a chain of trust workflow to harden devices and ensure secure
communica tions.

A bout the prese nter :
Dean Weber, CTO of Mocana, is an expert in cybersecur ity for embedded systems,
loT and industrial control systems. With more than 30 years of experience in
security, cybersecu rity and information systems, Dean is a trusted advisor to CISOs
at Fortune 1000 companies. Prior to Mocana, he was the director and CTO at CSC
Global CyberSecur ity. Pior he was the CTO of Applied Identity , which was acquired
by Citrix. He also spent several years in the U.S. Navy work ing in physical and
electronic security.

AMERICAN

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 Mocana

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Patrick McLaughlin
Tue 6/6/2017 5:36:27 PM
New Book: Regulation & Economic Growth

he Mercatus Center at George Maso n University works to bridge the gap between academi c ideas
nd real wo rld problems .

"The regu lato ry closet w ill
always need some essential
items to protect citizens and
mainta in a fair mar ketplace,"
writes James Broughel
in lnsideSources. " But at
some point, as we add more
and more rules without ever
cleaning out the old ones,
even necessary rules just
add to the mess and create
confusion, becoming less
effective than they should
be."
Broughel's latest book,
Regulation and Economic
Growth: Applying Economic
Theory to Public Policy,
releases at a crucial moment
as the nation becomes
increasingly concerned
about economic growth, and
federal and state legislators
cast their eyes toward
regulatory reform.
To learn more about the
book and its relevance to
current policy debates, read
James Broughel's latest post

.\i ltFR~C/1!\I

j)VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000423
ED_001686C_ 00000415-00001

 .\i ltFR~C/1!\I

j)VERSIGHT
American Oversight v. EPA (18-cv-00364)

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 To:
From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Granicus
Thur 6/15/2017 5:16:58 PM
Digital Strategy Awards Nominations Now Open

2017 Granicus Digital Strategy
Awards
You are responsible for important work that affects citizens' lives.
And you gladly do it, sometimes without much recognition or
praise.
But now is the time to shine a light on the inspiring work you and
your team do every day!

Submit a nomination for the 2017 Granicus Digital Strategy Awards in one
(or more!) of the following categories:
• Digital Achievement Award
• Communicator of the Year
• Modern Government Leadership Award
• Creative Use of Digital Citizen Engagement
• Environmental Stewardship Award
• Transformed Access to Services
• Enhanced Public Awareness
For more details on the nomination and judging process, visit
https://granicus.com/awards. We look forward to receiving your
nominations by July 31.

Granicus
408 St. Peter Street, Suite 600, St. Paul, MN 551021 Legal & Privacy
Don't want to receive this type of email? Change your ema il preferen ces.

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Ecompex
Thur 6/15/2017 2:42:29 PM
5 Questions to Ask Before Starting Any Digitization Project

Click here

5 Questions to Ask
Before Starting any Digitization Project

Flynn,, as the world becomes more and more digital, companies and government agencies are
increasingly looking towards digitization projects to convert old paper documents into electronic
assets that can be integrated with their current information. So this month, we would like to share
with you the 5 most important questions to ask yourself before starting any digitization project. Lets
dive in!

Ecompex Achieves CMMI Level 2 Certification
Ecompex, lnc.'s Software Development Devision has been appraised at Level 2 of the CMMI
lnstitute's Capability Maturity Model Integration (CMMI)®. The appraisal was performed by SPA
Enterprise Services.

Employee Spotlight
Tsehay Yalew
Operator Clerk - Reston, VA
Tsehay is a recent new hire at our Reston office and she has already shown and attention to detail
and excellent work eithic and has become an important member of our document coding team.

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 Around the Industry
The Weak Link in Your Supply Chain - lnformation Logistics
The Digital Landfill - The term "Logis tics" conjures up images of complicated supply chains, and the
Rube Goldberg-esque complexities of summarizing , rationalizing , and reporting on them in an
intelligen t way . A s bad as this is on the physical side of the business, most likely the information
flows assoc iated w ith these physical flows look even worse.

Why You Should let Artificial Intemgence Creep Into Your Business
Inc. - Unlike traditional compu ting, which delivers precise solutions within defined parame ters, A.1.-sometimes referred to as cognitive computing- -teaches itself how to solve problems.

3 Cool Al Projects
Information Week - Al is all around us, quietly working in the background or interacting with us via a
number of differe nt devices. Vari ous industries are using Al for specific reasons such as ensuring
that flights arrive on time or irrigating fields better and more economically.

•9
•
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 Flynn, Mike[Flynn.Mike@epa.gov]
From:
Madalynn Lauria
Sent:
Thur 6/15/2017 1:54:40 PM
Subject: LAST CHANCE: Complimentary Lunch Seminar on Securing and Managing Privileged and
Administrative Passwords
To:

Securing and Managing Privileged
and Administrative Passwords

Wednesday, June 21, 2017
11 :30am • 1:OOpm
Mastro's Steakhouse
Washington , DC

Mike
Privileged accounts have been leveraged in every recent breach and are an area of
focus
number of Federal mandates and guidelines such as the DHS CDM
e 30 Day Sprint, NIST 800 53 rev
FISMA, and HSPD-12. CyberArk is
Program
g these requirements on
hosting a seminar focused on mitigating risk while
· ussing best practices
Wednesday, June 21, 2017 in Washington, DC. We
for a successful privileged account security program, and how we have been
assisting many Federal agencies over the past years.
You will learn how CyberArk can help you:
• Support DHS CDM Goals around Privileged Account Management
• Enable Multi-Factor Authentication on all account types (including shared
priv
d accounts, legacy systems, etc.)
• Automate recomme
security controls for NIST 800 53 rec. and
" Mitigate the risk of insider threats, lateral movement, and the pass-the-hash
attacks
• Protect domain controllers from Kerberos and Golden Ticket attacks

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 In addition, you will have the opportunity to shape the discussion by sharing ideas and
posing questions. We look forward to your attendance and an interactive discussion about
Privileged Account Security.
rds,
Ma ynn Lauria
617.630.6550
CyberArk
60 Wells Ave I Newton, MA 02459

Copyright

(('J

2017 CyberArk Software Ltd. AU rights reserved.
60 Wens Awnue, Newton, MA 02459
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Briauna Fisher
Thur 6/15/2017 1:25:59 PM
Benefits realization is key to demonstrating PMO value

Discover
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Delivering projects on time is nice. But the truly strategic PMO must do more than
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associated with each project. Discover how a robust benefits realization
framework can help your PMO objectively measure the benefits delivered against
each project's original business case, delivering the insight needed to more
effectively demonstrate your PMO's value to the entire organization.

Track benefits and measure
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 results .
Watch this quick video to see how you can:
•Improve estimating accuracy
• Track actual benefits
•Generate powerful reports and dashboards

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 Flynn, Mike[Flynn.Mike@epa.gov]
From:
Troux by Planview
Sent:
Thur 6/15/2017 1:17:47 PM
Subject: [SPAM] Just Released - Independent Enterprise Architecture Management Suites Evaluation
To:

Get the first look

Forrester Wave TM: Enterprise Architecture Management Suites, Q2 2017 is out and we
excited to announce that Planview has been cited as a Leader for our enterprise
product, Troux. Planview earned the highest scores possible for product
delivery model, market approach, and planned enhancements.
market evaluation goes on to cover:
• The Scope and Interactions for EAs - The underlying shifts and trends
• Changing game for EA Solutions - Current needs for EAs
• How to choose the right vendor - EA scope and business needs
• EAMS Evaluation - Strengths and weaknesses of 10 vendors
more about Enterprise Architecture
the report now.

This email was sent to flynn.mike@epa.gov.
any time.

Management Suites for your organization by

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 Flynn, Mike[Flynn.Mike@epa.gov]
Trustwave Government Solutions
Sent:
Thur6/15/20171:12:15 PM
Subject: Product Engineering has released Analytics 7.5!
To:

From:

Product Engineering has released Analytics 7 .5!

The Analytics update has been uploaded to the Trustwave Government Support Portal at:

https ://t rustwavego vt.forc e.co m/support/l ogin

Login I TGS Support
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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
lnfoArmor
Thur 6/15/2017 12:09:46 PM
How to Protect Your Employee's Credentials

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 To:

From:
Sent:
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Flynn, Mike[Flynn.Mike@epa.gov]
Cyber Security Executive Order Implementation
Thur 6/15/2017 12:09:40 PM
[SPAM] Register for July 12: The President's Cybersecurity Exec Order (EO) Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

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EPA-17-0193 and EPA-17-0194-A-000435
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 workshop
tor bovernment
&. Industry
Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Additional Government Speakers are being
approved for participation by their Agencies.
Government Speakers:

Dr. Ron Ross
NIST Fellow
Author of the NIST Risk Management Framework
{RMF) and
Numerous NIST Cyber Security Publications
Jarvis Rodgers
Information Technology Audit Director
Office of Inspector General
Department of Health and Human Services {HHS)
Additional Government Speakers are being
approved for participation by their Agencies
Potomac Forum Workshops are 100% educational programs and not
sales or marketing events!
Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000436
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 panel ana peer mteract1ons at me wor1<snop snoum oe mva1uame m
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:

• The approach used by the NIST RMF
• The value of the integration
of the NIST RMF with the NIST
CSF
• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
{RA), Security Control
• Importance
of Risk Assessments
Assessments
{SCA), and Security Testing & Evaluation
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A,
Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order

You Should Attend
•
•
•
•
•
•
•

Review the key steps within the NIST RMF and CSF
Obtain practical knowledge of how NIST RMF and CSF are incorporated
into information
system security
Gain insight into conducting and implementing
NIST RMF and CSF in your
organization
Collect information
on how NIST frameworks
can be leveraged to enhance
the security of your organization
Learn how risk management
and cybersecurity
are essential for regulatory
compliance
Learn from risk management,
security and OIG colleagues in Federal,
State and Local Governments
Learn how other Agencies are responding to the EO

Who Should Attend:

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000437
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 •
s,
s an
a
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management
• Executives who oversee risk management
for the
government
• All government
executives,
managers and staff who need
to better understand
risk management
and implementing
the President's
Executive Order
•
•
•
•

CEUs Awarded

Upon Workshop

Completion

Potomac Forum is an Authorized
of ICS{2) Credits

Provider

Press is NOT Invited to Register or Attend
"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

"Government

Please do not Unsubscribe from this
Cyber Security" Training Workshop" Email List

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 t'Otomac t-orum eaucat1ona1 programs auuress ma1or government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
"Government
Cyber Security" Training Workshop Email List.
Thank You.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM) Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

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 Flynn, Mike[Flynn.Mike@epa.gov]
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Sustainable City Network
Thur 6/15/2017 2:19:04 AM
Top News: Growing Sustainable Communities Conference Slated Oct. 3-4

View this e-mail in vour browser.

ce
10th Annual Conference Hosted on Dubuque
Riverfront
Dubuque's Growing Sustainable Communities
Conference is held annually at the Grand River
Center in the Port of Dubuque, overlooking the
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DUBUQUE, Iowa - The Growing Sustainable Communities
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This year's conference will include workshop speakers with a wide
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Environmental Protection Agency, the Arbor Day Foundation, the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000442
ED_001686C_ 00000438-00001

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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000443

ED_001686C_ 00000438-00002

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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000444
ED_001686C_ 00000438-00003

 Vol. 23: Read it now
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AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000445
ED_ 001686C _ 00000438-00004

 Sustainable City Network operates a website (www sCityNetwork com), customized e-newsletters, online trai
interactive tools dedicated to providing quality and timely information on sustainability products, services and
government, education and healthcare.
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AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000446
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 Sustainable City Network
interactive tools dedicated

website (www sCityNetwork com), customized e-newsletters, online training, conferences and other
providing quality and timely information on sustainability products, services and best practices to leaders in
government, education and healthcare.
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 Flynn, Mike[Flynn.Mike@epa.gov]
Conference Notification
Sent:
Wed 6/14/2017 4:47:56 PM
Subject: Confirmation: Reform Plan Check-in with 0MB and Agencies on June 16, 2017 at 11:00 AM
Eastern Time
To:

From:

Dear Mike,
Here is your personalized dial-in information for the teleconference Reform Plan Check-in with 0MB
and Agencies.

The conference begins at 11:00 AM Eastern Time on June 16, 2017; you may join 10 minutes prior.
Dial-in:

i'-·-·-·-·-·-·-.:..-::..-::..-::..-::..-::..-::..-::..-::..-::..-::
Ex.G-PersonalPrivacy
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.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·· Find an Alternate

Access Code LEx.•6- Personal Privacy
.----------------,
•

Number

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Attendee ID· ["""'" """"''.!
instructions are
00

to you , do not

Add to your calendar
If you need technical assistance, call the Help Desk at 1-888-796-6118 or 1-847-562-7015.

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000448
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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Brad Charleson
Wed 6/14/2017 4:41:27 PM
[SPAM] PC refresh question

Hi Mike,

Has your organization evaluated PCmover Enterprise from Laplink?
I'm not sure if you are the right person to answer; if not, can you please let me know who is
responsible for PC refresh/deployment activities (including software upgrades and new
hardware)?
Our unique solution transfers data files/folders, user profiles, settings, and even applications (full
programs or just settings) from an old to a new Windows PC, regardless of operating system or
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When evaluated against USMT, most organizations select PCmover Enterprise because it is
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Please let me know if you (or someone else in your organization) would like complimentary
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Thanks in advance,

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b.charleson@laplink.com
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www.laplink.com
600 108th Avenue N.E., Suite 610
Bellevue, WA 98004, USA

P.S. Right now, you can download a free full-version evaluation of PCmover Enterprise (or learn
more)
You'll quickly understand the benefits and cost savings PCmover will provide to
your organization.

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 This email was sent to flynn.mike@epa.gov.
any time.

If you no longer wish to receive these emails you may unsubscribe at

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 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Doug Mashkuri
Wed 6/14/2017 3:46:50 PM
FW: join us tomorrow?

Hi Mike,
Happy hump day! Just making sure you saw the email below about tomorrow's GIS
MapUp at 1776 in D.C. starting at 6pm. You can come whenever you like, we'll hear
presentations from 6:30-7:30pm on how to better understand predictive analytics and
integrating intelligence activity with GIS.
Register for free: http:/ldirect.govloop.com/smart-maps

See you tomorrow!
Doug Mashkuri
Govloop, Community Director
From: Team Govloop
Date: June 13, 2017 at 11:00 AM
To: Doug Mashkuri
Subject: This Thursday: Network and Learn

Hi Mike,
Sometimes multitasking can get a bad rap. But we believe that often multitasking can be
really awesome, especially when you're networking, learning, and enjoying
complimentary drinks and apps at the same time.
This Thursday, June 15, starting at 6pm:
How to Unlock the Full Potential of Your Data with Integrated Intelligence
Join us and your gov peers at 1776 in Washington, D.C. after work on Thursday for
presentations on how GIS is helping integrate and unlock insights in gov data.
In addition to networking or enjoying a drink and lights apps, from 6:30-7:30pm, you 'll
hear from:
• Tracy Toutant, Deputy Chief of Customer Success, GEOINT Services Office,
National Geospatial-lntelligence Agency
• Brooks "Jon" Breece, Geospatial Capabilities Advancement Branch (ATSGA),
National Geospatial-lntelligence Agency
• John Brandt, Diplomatic Courier and Chief of Classified Pouch, U.S. Department of
State
• Ben Conklin, Industry Manager Defense, Intel and National Security, Esri

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000451
ED_ 001686C _ 00000446-00001

 Register for free now: http:1/d irect.govloop.com/smart-maps
Hope to see you there,
Doug Mashkuri
_Govloop Community Manager

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000452
ED_ 001686C _ 00000446-00002

 Flynn, Mike[Flynn.Mike@epa.gov]
Gov Workforce Performance & Responding to EO
Sent:
Wed 6/14/2017 3:33:59 PM
Subject: [SPAM] June 28th - Now 14 Gov Leaders to Speak: Managing Gov Performance &
Implementing EO Workforce Requirements
To:

From:

Workforce Requirements
of the President's
Executive Order 13781
Training Workshop
June 28, 2017

Confirmed Speakers
Terry Gerton
President & CEO
National Academy of
Public Administration
(NAPA)

--Bob Corsi
Secretary of Board of
Directors
Senior Executives
Association (SEA)
Former Assistant Deputy
Chief of Staff for
Manpower, Personnel and
Services
Headquarters, U.S. Air
Force

--Rebecca Ayers
Performance Management
Solutions, OPM

--Tom Gilbert
Assistant Director of
Strategic Issues, GAO

--Deb Tomchek
Former Director of Human
Resources (HR)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000453
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 Jim Read
Director, Policy and
Evaluation
Merit Systems Protection
Board
Jeffrey Neal
Senior Vice President, ICF
Former CHCO at DLA and
DHS

mprovmg
er ormance Workshop Not For Just Human
Capital Please Review and Forward to
Your Government
Executives,
Managers and Staff
Who Play a Part in Meeting the
Workforce
Requirements
of the
President's
Executive Order

Potomac Forum Training Workshop
Dr. Fred Soto
Supervisory Manager for
Employee Engagement,
Diversity and Veterans
Outreach
Office of Energy
Efficiency and Renewable
Energy
Department of Energy
Kimberly Steide
Program Manager for
Human Capital Planning,
HRSTAT, and Metrics
Department of the
Treasury
Dianne Hawkins
Program Manager,
Personnel Demonstration
Project
U.S. Army Research
Laboratory
Marcus Brownrigg
Strategic Partnership and
Communications
Advisorz
Office of the CEO
Corporation for National

The President's Executive Order:

How to Meet the Workforce
Requirements of the
President's Executive Order
13781
Training Workshop
What Federal Executives, Managers,
and Supervisors Need to Know
to Support the Goals of the Executive
Order for
Reforming the Federal Government
and
Reducing the Federal Civilian
Workforce

Date: Thursday, June 28,
2017
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000454
ED_ 001686C _ 0000044 7-00002

 ana c.;ommumty ~erv1ce
(CNCS)
Lou Kerestesy
Founder & CEO
Govlnnovators
Mika Cross
Federal Workplace Expert

(fU;jJ

blj;j-ltn;j

info@PotomacForum.org

Location of Workshop:
Willard Intercontinental Hotel
Washington, D.C.
Potomac Forum Training Workshops
are 100% Educational
and NOT Sales or Marketing Events
The Press is Not Permitted to
Encourage
Candid Discussion in our 100%
Learning Environment

Who Should Attend:
• Federal supervisors and managers
• Federal HR practitioners and anyone
responsible for implementing agency
restructuring plans
• Inspector Generals and Staff
• Federal employees or members of
employee affinity groups
• Communications practitioners
responsible for leading change
management and internal
communications campaigns

Overview:
The president issued an executive order (EO) on March 13, 2017 which
requires agencies to plan and implement long-term workforce reductions
and incorporate the plan as a government-wide workforce priority into
their Agency Strategic Plan and/or Human Capital Operating Plan.
This Potomac Forum training workshop for government will provide
information for agency executives, managers, and staff to respond to the
EO.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000455
ED_ 001686C _ 0000044 7-00003

 Experienced human capital executives and experts will share their insight
and experience in developing and implementing long-term and near-term
workforce management practices that will help attendees understand how
best to improve performance, increase accountability, and reduce costs.
This workshop will provide you with practical, easy-to-implement tools and
resources to help you achieve the best results through your agency's
efforts to restructure, reshape and eliminate inefficient functions to
achieve the goals of EO 13781 while enhancing employee performance to
increase mission efficacy and increase retention.

What You Will Learn:

• A framework
to plan for reorganization
and functional
consolidation
• Avoiding common pitfalls to managing performance
and
conduct in the modern workplace
• Where to find practical support mechanisms,
resources and
help for managers and supervisors
• How to prepare the workforce for activities in cost cutting,
reshaping, reducing, and reorganization
• Managing change through effective internal and external
communications
• Driving positive outcomes by leveraging the Federal
Employee Viewpoint Survey Results into actionable steps
that help cultivate an inclusive culture designed to retain
top talent and optimize employee potential
Why You Should Attend:
• Learn proven management
strategies to demonstrate
return on investment,
cost savings, and enhanced
management
efficiencies from developing an effective longterm workforce
reduction plan
• Understand how to leverage alternative
service delivery
models and streamline
mission support functions to
provide greater efficiency while improving quality
• Maximize employee performance
by focusing on concrete
steps to increase performance
and effectively
deal with
poor performers
• Optimize employee recognition
programs designed to
recognize, reward and retain top performers
• Build your toolkit for cultivating
a culture of engagement

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000456
ED_ 001686C _ 0000044 7-00004

 Format:
Lecture,

guest speakers,

and practical

CEUs Awarded

exercises.

Upon Workshop

Press is NOT Invited

Completion

to Register

"Send-A-Team" Registration

or Attend

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of

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Flynn, Mike[Flynn.Mike@epa.gov]
OpenText
Wed 6/14/2017 3:29:47 PM
Map Your Journey

If your ema il program has troub le d isplay ing th is ema il, vi ew it as a web page

Dear Mike,
Today's disruptive technologies, like the Internet of Things and Artificial Intelligence, have transformed both
enterprise and consumer spaces, re-shaping the way we work.
Be a part of the digital future. Be your agency's #ChangeAgent. Register now to save your seats and learn
more at use Code EW2017TOGOV to get the government rate of $995.
The magnitude and depth of Enterprise World offers not only learning and growth opportunities for navigating
these disruptive technologies, but also provides endless networking opportunities by bringing together a very
diverse range of attendees across the globe. It also allows for industry specific programming.
We will help you with your Enterprise World journey by providing you with a "Map Your Path " overview for
each of the breakout tracks. This "map" will help guide you during your 3 days with us and outline all there is
to see and do with relation to your area of interest. It includes can't miss breakout sessions, keynotes, expo
floor demos, theater presentations, labs and more.

Two of this year's Government Keynotes:

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 Mr. Gilbert Sabat, former CIO of Region of
Peel
Keeping Up With Constituent Needs in an
Evolving Digital Age
Mr. Gilbert Sabat, former CIO of Region of Peel,
will share his experiences with modernizing
services by building incremental systems from a
client-centric integrated, unified hub. The public
now demands the same quality and level of
service from the government as the services
they consume from the private sector.

Murtaza Masood - CIO, Los Angeles
County Department of Human
Resources - Content Management Track
Keynote
Currently serving as CIO at Los Angeles County
Department of Human Resources, Murtaza
Masood is an innovative executive with business
transformation and technology enablement
experience in dynamic, complex environments.
Industry experience spans across verticals due
to hands-on business and technology consulting
experience. An enterprising visionary proven to
deliver business process and organizational
change to bring tangible results and positive
impact. Mr. Masood has overseen the
development of a strategic transformation
roadmap for OHR that enables them to digitize
key HR operations across the County. He has
embarked on a workforce automation strategy
that leverages business process orchestration
and big data across the enterprise.

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 Flynn, Mike[Flynn.Mike@epa.gov]
International Commerce and Marketing Corp.
Sent:
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Subject: ATTENTION - OCONUS Customers! Get Door to Door Shipping to Your Facility for Nearly 2
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From:

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Flynn, Mike[Flynn.Mike@epa.gov]
Hewlett Packard Enterprise
Wed 6/14/2017 3:20:11 PM
New computing platform seeks adventurous developers

Emerging Tech _

New computing platform seeks adventurous developers

Digital Transformation _

IT as a service: Cornerstone of the digital enterprise

How one IT director overcame obstacles to build a more
flexible infrastructure

Emerging Tech _

IT trends: What you missed at MIT CIO 2017

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 Emerging Tech _

Technology takes a back seat to politics, media, and
commerce at CodeCon

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 Digital Transformation _

Crowdsourcing social innovation at CodeCon

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 Inside healthcare's digital future

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 Articles you can't miss:

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 Cloud & Hybrid IT

New survey: IT decision-makers say hybrid IT delivers best of
both worlds
Cloud & Hyb rid IT_

How to design software that doesn't crash when the Internet
connection fails
Netwo rking_

The first 5 things to do when your Linux server keels over
Emerging Tech

Three batteries that could power our future
Storag_e
_

How not to get hacked by Mr. Robot

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EPA-17-0193 and EPA-17-0194-A-000478
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 To:

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Flynn, Mike[Flynn.Mike@epa.gov]
Oracle Corporation
Wed 6/14/2017 3:08:38 PM
Webcast & Live Chat: Best Practices to Speed Up Your Database Deployments

Get 1OX Faster Deployment
Hi Mike,
Today's businesses are demanding IT to de liver more new services faster
than ever before. IT needs to rapidly deploy multi-tier applications reliably
and consistently. With more than 100 prebuilt, preconfigured, pretested
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Join this webcast to interact with Oracle experts, learn more use cases for
Oracle VM Temp lates and get in-depth know ledge on how to easily deploy
Oracle Database 12c and Oracle RAC using Orac le VM Templates.
June 21 , 2017
10:00 AM PT/ 1:00 PM ET

I
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Technical Overview
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 Featured Speakers
John Priest
Product Management Director , Oracle VM
Oracle

Simon Coter
Product Management Director, Oracle VM and
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Oracle

Stay Connected

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 To:
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Flynn, Mike[Flynn.Mike@epa.gov]
Redmond magazine
Wed 6/14/2017 3:07:06 PM
Michael -Access Your Digital Edition Today!

**2nd Notice**
Dear Michael,
Here at REDMOND Magazine, we understand that your time is valuable so we decided to take this
opportunity to highlight some of the top stories from the most recent issue which you have yet to access.
To view, please click on the link below the issue:
-------JUNE 2017 --------http://1105insight.com/portal/wts/ucmcmQecEeaqmtqdjFehj7zjh
In this issue:
- Build Intelligence With MS Graph API to Access All Data In the MS Cloud
- Handle More Tasks With SCCM 2016 Version 1702
- Protect Office 365 From Ransomware
- What's next For Windows?
- Foley: Why Did Microsoft Build a Surface Laptop?
-------MAY 2017 --------http://1105insight.com/portal/wts/ucmcmQecEeaqmtqdjEyhj7zjh
In this issue:
- A New Windows Dimension: Windows 10 Creators Update Aims to Please And Ratchets Forward the
Universal Windows Platform
- Microsoft's Achilles' Heel: UWP
- Connect Azure AD to Office 365
- How To Pick the Right MSP
- Foley: Does Everyone Still Need Windows?
Click on the link and read a story now, or download the issue to read later at your convenience. Either
way, we hope you will find the time to peruse these headlines and take advantage of your digital
subscription status.
Thank you,
Digital Services Department
REDMOND Magazine
Stay connected with Redmond!
Twitter: http://1105insight.com/portal/wts/ucmcmQecEeaqmtqdjE6hj7zjh
Facebook: http://1105insight.com/portal/wts/ucmcmQecEeaqmtqdjE-hj7zjh

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Flynn, Mike[Flynn.Mike@epa.gov]
Granicus
Wed 6/14/2017 3:04:41 PM
Level up

If you have trouble viewing this email. read the online version .

Jul 12 2017 8:30 -10:30 AM
1152 15th Street NW, Suite 800, Washington, D.C. 20005

You can achieve greater digital engagen1ent! All it
takes is a step up the matu rity curve.

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Register today for a free Digital Engagement Training on July 12, from 8:30 -10:30
a.m. in Washington , D.C. to learn how to level up your digital communication to
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 To:

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Flynn, Mike[Flynn.Mike@epa.gov]
Art M.Loureiro
Wed 6/14/2017 1:56:08 PM
[Official Program Release] Integrated Air and Missile Defense

SEPTEMBER 28-30 I WASHINGTON D.C. I AIRMI SSILEDEFE NSEEVE NT.IOPC.COM

Good Morning,
While advanced global threats continue to grow, now is the time for investment in advanced
sensor, interceptor and C-UAS technology in order to get ahead of the curve in IAMD.
With that in mind, we are proud to release the official brochure for the 3rd Integrated Air and
Missile Defense Summit, taking place this September in Washington D.C. Don't miss the
opportunity to meet with industry leaders, decision makers and military personnel in an effort
to discuss, develop and help shape the future of our missile and defense operations.

View the Agen da I R eque st an Em ailed Copy

Discussion topics include:
• How IAMD Supports the Services in Multi-Domain Operations/ Battle Concept
• Challenges and Opportunities for Multi-Domain IAMD
• Air Force Multi-Domain Command and Control and Implications for IAMD Missions
• Addressing Space and Cyberspace Threats and Challenges to IAMD
Take a look here at who attended our previous summits, and who you will have the chance to
engage with at this year's event.

Early Confirmed Speakers Include:

View the officialintroductionletter describingour goals for the event here.
Lookingforward to seeing you in Washington D.C.
COL (R) Art Loureiro
Chairman, IAMD 2017
Cust omer Cod e: 1·298 8272423 6
Th is is an adv er ti sement sent by : IQ PC Nort h Am er ica
535 Fifth Av enue, 8th Floor· New York, NY 100 17, USA
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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
Daniel Smallwood
Wed 6/14/2017 1:31:15 PM
Measuring the ROI of Knowledge Management

Measuring the ROI of Knowledge Management
2nd edition
Stan (3.arfif;}!d . ,John Hovt::
111, Ht:~
!einE;F{ussf:~11
. Dav H Sno".\/C:fr;
n, and rnarry rriore ..
Order copy/copies today and save $100 ...

'The measurement of knowledge value is difficult. It is
specific to time, context, and the perception of what it is
that constitutes a knowledge asset"
David Griffiths , founder , K3-Cubed Limited
KM has been accepted as an integral practice for most
organizations however many are still, understandably,
cautious of the investments they make in the curren t financial
environmen t followingthe economic downturn.

Overview:

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000489
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 To:

From:
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Flynn, Mike[Flynn.Mike@epa.gov]
EPA Asthma Program
Thur 6/15/2017 6:01 :12 PM
June AsthmaCommunityNetwork.org Newsletter
Add us to your address book!
Having trouble viewing this email? View it as a Web page.

Our Network Today
Raising Asthma Awareness Year-Round!

Total Programs: 1,104
Total Users: 4,202

Build on the momentum generated during Asthma
Awareness Month (AAM) to engage your community
in asthma awareness activities throughout the year.

Not a Member? Join
Today !
From the Resource Bank

Use AsthmaCommunityNetwork.org as a platform to
spread awareness about your program's activities and
to connect with other asthma programs across the
nation. Share your innovative tools in the Resource
Bank and add your program's upcoming events to the
Events Calendar.

A Cost-Benefit Analysis
of a State-Funded Healthy
Homes Program for
Residents With Asthma:
Findings From the
New York State Healthy
Neighborhoods Program
New York State Healthy
Neighborhoods Program

Materials From Recent Webinars Now Available
Winning Strategies From Coast to Coast:
How EPA' s 20 17 Asthma Award Winners
Are Addressing Asthma Disparities
View materials from the webinar Winning Strate~
From Coast to Coast: How EPA 's 20 17 Asthma Award
Winners Are Addressing Asthma Disparities, which
was held on May 16, 2017. Hear successful strategies
for providing comprehensive asthma care and working
to streamline the treatment and management of asthma.
View the Q&A from the webinar in the Discussion
Forum .

Health Plan Strategies for Managing Asthma:

An Evaluation of a StateFunded Healthy Homes
Intervention on Asthma
Outcomes in Adults and
Children
New York State Healthy
Neighborhoods Program
The New York State
Healthy Neighborhoods
Program: Findings From
an Evaluation of a LargeScale, Multisite, StateFunded Healthy Homes
Program
New York State Healthy
Neighborhoods Program

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000490
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 Key Findings From AHIP's Asthma Assessment
Learn about key findings from America's Health
Insurance Plans' (AHIP's) Asthma Assessment in the
webinar Health Plan Strategies for Managing Asthma:
Key Findings From AHIP 's Asthma Assessment , which
aired on May 23, 2017. Learn how the EPA's
collaborative agreement with AHIP is working to
support communities to deliver sustainable in-home
environmental asthma interventions.

Healthy Home Evaluator Certification
The Healthy Home Evaluator (HHE) certification for
home performance and energy efficiency professionals
builds on other Building Performance Institute (BPI)
certifications. The HHE certification was developed in
partnership with the Green & Healthy Homes Initiative.
An HHE assesses home-based environmental health
and safety hazards and provides the homeowner with a
prioritized list of recommendations to address those
hazards.
Home contractors who want to learn about becoming an
HHE can visit bpi.org /certified-professiona ls/healthyhome-eva luator.
Homeowners who want to find a local HHE can visit
bpi .org/locator-tool.
National Center for Healthy Housing Debuts New
Technical Assistance Platform to Expand Home-Based
Asthma Services

Building Systems to Sustain Home-Based Asthma
Services is a new eLeaming and technical assistance
platform designed to equip staff in public health
agencies, state asthma-control programs, state Medicaid
agencies, and other housing and health organizations
with information about how to build the systems,
infrastructure and financing to put home-based asthma
services in place in their own states, communities or

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000491
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 regions. A collection of IO free eLeaming modules and
technical assistance tools from a team of experts and
partners led by the National Center for Healthy
Housing, with funding from the U.S. Environmental
Protection Agency, combine to maximize opportunities
to launch and grow large-scale, evidence-based,
sustainable asthma home visiting programs.
Visit
nchh .org/Program /EquippingStatesforReimbursement.aspx
to learn more.

Email us or provide feedback online through the
Network!

Asthma in Children
Infographic: Symptoms,
Triggers and Treatments
Home Clean Expert
Strategies for Addressing
Asthma in Schools
US. Centers for Disease
Control and Prevention
Instituting Smoke-Free
Public Housing: A Rule
by the
U .S. Department of Housing
and Urban Development
US. Department of
Housing and Urban
Development
Evidence Points to Fish
Oil to Fight Asthma
University of Rochester
Medical Center
Childhood Asthma May
Encourage Obesity
Z. Chen, et al.
Summary of the 2016
National Asthma
Leadership Roundtable
America's Health
Insurance Plans
Upcoming Events
Webinar: A
Comprehensive Look Into
Nationwide Medicaid
Coverage and Barriers of
Guidelines-Based Asthma
Care
June 28, 2017

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000492
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 Association of Asthma
Educ ators (AAE)
Conference: "Unrav eling
the Complex ities of
Asthma Educ ation"
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Hosting an asthma event?
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to AsthmaCommun ityNetworl
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I hi, me,,a[,e wa, intended for : flynn.mik e@e pa.gov
ro update you r suhsc rip tlon s.
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This ema il was sent to f lynn .mike@epa .gov using GovDelivery Comm un icat ions Cloud on behalf of: EPA Indoor
Env ironments Division 1200 Pennsy lvan ia Avenue NW Washin gton , DC 20460

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000493
ED_ 001686C _ 00000467 -00004

 Lisa Casias[lcasias@doc.gov]; 'Denise.carter@ed.gov'[Denise.carter@ed.gov]; Vincent
Micone[Vincent.Micone@HQ.DHS.GOV]; 'David.eagles@hud.gov'[David.eagles@hud.gov];
'Johnson.Dennis.R@dol.gov'[Johnson.Dennis.R@dol.gov];
'scott_cameron@ios.doi.gov'[scott_cameron@ios.doi.gov];
'Kathryn.Malague@treasury.gov'[Kathryn.Malague@treasury.gov];
'Anne.Audet@dot.gov'[Anne .Audet@dot.gov]; 'Shana. Love-Holmon@va.gov'[Shana. LoveHolmon@va .gov]; 'Jodene.Fitzpatrick@va.gov'[Jodene.Fitzpatrick@va.gov];
Flynn,
Mike[Flynn.Mike@epa.gov]; 'Eric.Jones@sba.gov'[Eric.Jones@sba.gov];
'Lauren.stocker@pic.gov'[Lauren .stocker@pic.gov]; 'emily. mcbride@gsa.gov'[ emily. mcbride@gsa.gov];
'doug.comstock@nasa.gov'[doug.comstock@nasa.gov];
'Jo.Tittel@ssa.gov'[Jo.Tittel@ssa.gov];
'josie.beets@gsa.gov'Uosie.beets@gsa.gov]; Ellen Herbst[eherbst@doc.gov];
'john.bardis@hhs.gov'Uohn.bardis@hhs.gov]; 'jon.cordova@hhs.gov'Uon.cordova@hhs.gov];
________________________________________
,
'chip. tu lghu m@hq .d hs. gov'[ chip. tu lg hu m@b_q._qb_~"g9_y.l__
Cc:
Springer, Linda M. EOP/OMBl_________
Ex. _6_
-. Personal_ Privacy _________
!'Brown, Dustin S.
EOP/OMB'i...,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,,.,----~
Ex. 6 - Personal Privacy
i Mirza, Asma Y .
EOP/OMB[__________
Ex._6_-_Personal_Privacy ________
_J;Sondra Kahawaii[SKahawaii@ourpublicservice.org]
From:
Tina Sung
Sent:
Thur 6/15/2017 5:31 :55 PM
Subject: Thank you for joining us! HHS Slides attached
HHS Presentation 6- 12- 17.pdf
To:

Good afternoon,

Thank you for joining us on Monday June 12 to discuss implementation of the Reorg EO.

I hope that you found the conversation valuable, and that you were able to glean insights and
ideas to take back to your respective agencies. Several of you requested the slides that John
Bardis and Jon Cordova shared during their remarks. Please find them attached.

Many of you also mentioned the benefit of being able to come together to share and learn from
one another, and we are considering additional roundtables focused on the questions that you
raised during the session-if we pursue those, we will certainly let you know.

Since shared services came up several times as a key theme and area of focus, I want to make
you aware of an event that the Partnership will be hosting later this month, June 23 rd from 8:00
to 10:30 a.m., for agency leaders on this important topic.

Business Enterprise Services: Lessons Learned from Fortune 500 Companies

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000494
ED_ 001686C _ 00000468-00001

 The President's reform and reorganization initiative calls on agency leaders to improve
efficiency, effectiveness, and accountability by critically examining current practices and
proposing new ways of operating. For decades, Fortune 500 companies have demonstrated the
power of business enterprise services to drive efficiency and effectiveness, while providing
returns to shareholders.

In an effort to identify opportunities for similar returns in the federal sector, the Partnership for
Public Service is hosting an event on June 23 rd from 8:00 to 10:30 a.m. for agency leaders to
learn about business enterprise services from leading private sector companies. Our focus will
be on cost savings and avoidance, impact on the workforce and the need for reskilling and job
changes, risk, and key lessons learned that might inform how federal agencies should move
forward. For more information and to register, please email Lindsay Laferriere at

As always, thank you for your service. Please let us know how we might be able to continue to
support you and your efforts.

Warm regards,
Tina

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000495
ED_ 001686C _ 00000468-00002

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]; Anderson, Denise[anderson.denise@epa.gov]
Tamika Burton
Thur 6/15/2017 2:33:33 PM
Tamika Out of the office today

~~~~- and-win-return tomorrow·_Ex.__6. -_Personal_Privacy·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
f I will not be in
Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000496
ED_ 001686C _ 00000474-00001

 From:
Keogh, Becky
Location:
Teleconference
Importance:
Normal
Subject: Accepted: EELC August Teleconference
Start Date/Time:
Thur 8/10/2017 6:00:00 PM
End Date/Time:
Thur 8/10/2017 8:00:00 PM

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000497
ED_ 001686C _ 00000493-00001

 From:
Keogh, Becky
Location:
Teleconference
Importance:
Normal
Subject: Accepted: EELC July Teleconference
Start Date/Time:
Thur 7/6/2017 6:00:00 PM
End Date/Time:
Thur 7/6/2017 8:00:00 PM

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000498
ED_ 001686C _ 00000496-00001

 From:
Sent:
Subject:

Sarah Abramowitz
Tue 6/6/2017 6:42:36 PM
Thank you for attending EN2017!

EN2017 Attendees:
Thank you so much for attending the 2017 Exchange Network National Meeting in Philadelphia!

Meeting Survey
On behalf of the EN2017 Program Committee, I would like to request that you take 10 minutes to
respond to a brief survey. Your feedback is valuable and will help ensure that we provide the best
experience possible at future meetings. We appreciate any input that you have to offer!

https://www .surveymonkey .com/r/K9RZ 2ZK

Videos and Presentations Now Available
Video recordings and slide present at ions from the meet ing are now available for viewing on the EN2017
webpage. Some high lights include the opening genera l session with ECOSVice President Todd Parfitt 's
prese ntat ion on Building a Results -Orie nted Org an ization, which is followed by ECOS Execut ive Director
Alex Dunn ' s panel on Commun icat ing Our Success in Environmental Management. The morn ing
co ncludes w ith a st ate panel discussion on Using E-Business Techno logy to Drive Improvements in
Environmental Management.
Prog ram staff will be interested in the dozens of Exchange Network and E-Enterpr ise for the
Environment-supported project s covered in t he con current sessions. The latest informat io n is now
availab le on topics includ ing: CAER; Advanced Mon itoring; Ident it y Management; Efficiencies in
Regulat ory Programs , includ ing e-Man ifest; fac ility data; mob ile app licat ions; and many more.
Take advantage of these free educat iona l opportu nit ies and share them w ith your co lleagues. For any
fo llow up , or to contact any prese nters, please ema il Eddie Ortiz.
Thank you.
Sarah
Sarah Abramowitz I Research Associate
Ross St rat eg ic I 1218 3rd Ave, Suite 1207 , Seatt le WA 98101
Desk: 206 .792.4032

sab ramowitz@rossst rategic .com

I http://rossst

rategic.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000499
ED_ 001686C _ 00000505-00001

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Austin Fageol
Tue 6/6/2017 5:46:28 PM
Summer budget review

MikeThe FY 19 budget reviews are emphasizing the use of performance measures and data analytics
to justify all requests. To prepare your program for these mandates the Performance Institute is
hosting three forums in the coming weeks that you can attend in person OR remotely by webinar:
Data Analytics for Government (June 20-21)
Performance Budgeting (June 22-23)
Using Benchmarks in Government (June 26-27)
We have recently received sponsorship for these programs so we can offer several discount
passes. Attendees may be able to receive CPE and PDU credits.
Would you be interested in seeing the full agendas and attending?
-Austin
Austin Fageol
Director, Outreach
The Performa nce Institute

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000500
ED_ 001686C _ 00000507-00001

 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to flynn.mike@epa.gov.
Our mailing address is:
Performance Institute, LLC
1440 G St NW
Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book

unsubscribe from this list I update subscription preferences

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000501
ED_ 001686C _ 00000507 -00002

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000502
ED_ 001686C _ 00000507 -00003

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Chris Johnson
Tue 6/13/2017 12:02:07 PM
RE: RE: Meeting Availability

Hi Mike,
I am following up on the email below that I sent you a few weeks ago. Would you have 10
minutes for a call in the coming weeks?
Best Regards,
Chris Johnson
General Manager
(843) 971-8499
Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

-----Original Message----From: Chris Johnson[mailto: chris.johnson@2oceanspromotions.com]
Sent: Wednesday, May 31, 2017 8:00 AM
To: Mike Flynn flynn.mike@epa.gov
Subject: Meeting Availability
Hi Mike,
Business professionals tell me they are too busy and it takes too much time to browse catalogues
and websites to find promotional products, branded merchandise and apparel to use at shows,
events and reward employees or thank customers.
We understand that you require on-brand, in-demand promotional products and apparel that your
customers, prospects and employees will USE and REMEMBER. With more than 25 years of
combined industry experience helping a wide range of businesses from Fortune 50 corporations
to local schools and startups, we will lower your spend, simplify the process and ensure on time
arrival.
Do you have 10 minutes in the upcoming weeks?
Best regards,
Chris Johnson
General Manager
(843) 971-8499

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000503
ED_ 001686C _ 00000508-00001

 Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

Update your Profile

I

Unsubscribe

I

Report Abuse

I

Privacy Policy
This ema il was sent to flynn.mike@epa.gov, by Chris.johnson@2oceanspromotions.com.
© Chris Johnson - 565 Galera Lane, Mount Pleasant, SC 29464, US
Delivered by

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000504
ED_ 001686C _ 00000508-00002

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Chris Johnson
Tue 6/6/2017 12:02:12 PM
RE: Meeting Availability

Hi Mike,
I am following up on the email below that I sent you last week. Would you have 10 minutes for a
call in the coming weeks?
Best Regards,
Chris Johnson
General Manager
(843) 971-8499
Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

-----Original Message----From: Chris Johnson[mailto: chris.johnson@2oceanspromotions.com]
Sent: Wednesday, May 31, 2017 8:00 AM
To: Mike Flynn flynn.mike@epa.gov
Subject: Meeting Availability
Hi Mike,
Business professionals tell me they are too busy and it takes too much time to browse catalogues
and websites to find promotional products, branded merchandise and apparel to use at shows,
events and reward employees or thank customers.
We understand that you require on-brand, in-demand promotional products and apparel that your
customers, prospects and employees will USE and REMEMBER. With more than 25 years of
combined industry experience helping a wide range of businesses from Fortune 50 corporations
to local schools and startups, we will lower your spend, simplify the process and ensure on time
arrival.
Do you have 10 minutes in the upcoming weeks?
Best regards,
Chris Johnson
General Manager
(843) 971-8499

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000505
ED_ 001686C _ 00000510-00001

 Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

Update your Profile

I

Unsubscribe

I

Report Abuse

I

Privacy Policy
This ema il was sent to flynn.mike@epa.gov, by Chris.johnson@2oceanspromotions.com.
© Chris Johnson - 565 Galera Lane, Mount Pleasant, SC 29464, US
Delivered by

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000506
ED_ 001686C _ 00000510-00002

 To:
john.bardis@hhs.govUohn.bardis@hhs.gov]; jon.cordova@hhs.govUon.cordova@hhs.gov];
david.eagles@hud.gov[david.eagles@hud.gov]; Flynn, Mike[Flynn.Mike@epa.gov];
scott_cameron@ios.doi.gov[scott_cameron@ios.doi.gov];
Gregory. Giddens@va.gov[Gregory. Giddens@va.gov]
From:
Michelle Amante
Sent:
Mon 6/12/2017 5:43:40 PM
Subject: Contact Information from this morning's meeting at the Partnership

Thank you for a robust conversation this morning (Scott, we missed you!). A few of you asked
for one another's contact information. I'm sharing email addresses so you can continue the great
dialogue between your agencies.

I hope to connect with you all again soon.

Best,

Michelle Amante
Director of Agency Outreach and Business Development
Partnership for Public Service

1100 New York Ave NW
Suite 200 East
Washington, DC 20005
mamante@ourpublicservice.org
(202) 775-2742

@RPublicService
facebook.com/partnershipforpublicservice
ourpublicservice .org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000507
ED_ 001686C _ 00000529-00001

 We help federal agencies deliver results by improving their management and strengthening their
leadership capacity. Learn more about our open programs and upcoming events
at https://ourpublicservice.org/calendar.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000508
ED_ 001686C _ 00000529-00002

 Tina Sung[tsung@ourpublicservice.org]
Sondra Kahawaii[SKahawaii@ourpublicservice.org]
From:
Tina Sung
Sent:
Fri 6/9/2017 6:41 :03 PM
Subject: Reminder - Join us on Monday, 6/12 for Reorg EO event - agenda attached
June12 Event Agenda.docx
To:
Cc:

Good afternoon,

We look forward to seeing you at the Partnership for Public Service on Monday, June 12 to
discuss how agencies are approaching the task of identifying ideas to reduce duplication,
overlap, fragmentation, and obsolescence in program, function, geography, and
interdepartmental areas. Please arrive by 8:00 a.m. to check in, enjoy breakfast, and network
with your fellow PMC members and representatives. We will kick off the session promptly at
8:30 a.m. and wrap up by 11:00 a.m., as outlined in the attached agenda. Please read GA O's
report on duplication , and the prompt questions on page two of the agenda.

During this event, three departments-HHS, DOC and DHS-will present their approaches,
each of which is different, but impactful, and will hopefully generate ideas for other actions.

The Partnership is located one block from Metro Center at 1100 New York Avenue NW, Suite
200 East. Please click
for directions to our office. We are sensitive to the ethical
considerations associated with government employees attending events. Accordingly, we
encourage you to check with your ethics official to determine the proper application of ethics
compliance. We will offer a light breakfast at our session. The total cost is $9 per person. If you
need to pay, we accept cash, all major credit cards and checks made payable to "The Partnership
for Public Service."

Should you have any questions about the event or if you are no longer able to attend, please
email me or Sondra Kahawaii at skahawaii@)ourpublicscrvice.org as soon as possible.

Warm est regards,
Tina

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000509
ED_ 001686C _ 00000533-00001

 The Partnership for Public Service is a nonpartisan, nonprofit that strives for a more effective
government for the American people. To learn more, please visit ourpublicservice.org .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000510
ED_ 001686C _ 00000533-00002

 PARTNERSHIP FOR PUBLIC SERVICE

REORGANIZATION EXECUTIVE ORDER
REDUCING DUPLICATION , OVERLAP , FRAGMENTATION , AND OBSOLESCENCE
SESSION DETAILS

Monday, June 12, 2017 from 8:00 to 11:00 a.m. at the Partnership for Public Service (1100 New York Avenue
NW, Suite 200 East, Washington, DC 20005)
PURPOSE

•
•
•
•

Hear how PMC peers are approaching the task of identifying ideas to reduce duplication, overlap,
fragmentation, and obsolescence in these areas: programs, functions, geography and interdepartmental
Each CFO Act agency will share their preliminary list of most compelling ideas to reduce duplication
Dialogue on obvious overlaps within and across departments
Agree on next steps

8:45 a.m.

Panel Discussion: Three Exemplars - HHS, DOC and DHS
Prompts
•
How did you approach identifying ideas to reduce duplication, overlap, fragmentation, and
obsolescence in each of these categories: program, function, geography, and
interdepartmental?
•
How are you structuring the effort (team size, representation, rhythm, and
governance/decision-making)?
• What evidence and criteria are you using to identify top ideas (e.g., customer, financial,
operational, and benchmark data)?
•
How did you engage your workforce and key stakeholders?
•
Challenges? Risks? Mitigation strategies? Advice to colleagues?

a.m.

Report Out and Dialogue with 0MB
•
Report out with top ideas, overlaps, and areas where we can work together or need 0MB
support.
•
Next steps.
• Closing Remarks - Linda Springer

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

6.12.17

EPA-17-0193 and EPA-17-0194-A-000511
ED_ 001686C _ 00000534-00001

 BREA K-OUT GROUP QUEST ION PROMPTS
Inter-agency Coordination

•
•
•

•
•

In developing your plans in response to M-17-22, to what extent has your agency leveraged the CXO councils
and other inter-agency forums? Are you developing joint proposals with other agencies?
Are you using the GPRA process for identifying priorities in developing plans under M-17-22? For example,
agency and cross-agency priority goals.
On a scale of 1 to 10, with 10 being the highest impact, how big of an impact can your agency have in
implementing your M-17-22 plans without significant action taken by another agency (e.g., moving programs
or offices from one agency to another, acting jointly with other agencies on shared services)?
What efforts are you making to analyze your agency's regional presence and determine whether there are
opportunities to co-locate regional offices with other agencies?
In its report on duplication, fragmentation and overlap, GAO identifies strategic sourcing and IT
modernization as one of the biggest opportunities for potential savings across the government. What are the
biggest barriers to your agency making greater use of strategic sourcing?

Other Stakeholders

•
•

What processes have you used to solicit input from citizens, the private sector and other non-governmental
stakeholder groups? From state and local governments?
What processes are you using for employee engagement?

Overall Process

•
•

What are the biggest obstacles your agency faces in addressing the duplication, overlap, fragmentation and
obsolescence identified by GAO in your agency's jurisdiction?
What kind of cost-benefit analysis are you using as you develop your plans?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

2

EPA-17-0193 and EPA-17-0194-A-000512
ED_ 001686C _ 00000534-00002

 Cc:
To:

From:
Sent:
Subject:

Kristien KnappL._
•..•..•..•..•
Ex.__
6_-__
Personal __
Privacy ___________
i
Luseni Pie hi_______
Ex._6 .-.Personal _Privacy ______
i
Luseni Pieh
Fri 6/9/2017 6:11:04 PM
Happy Hour & Send-off for Stan!!

Hi everyone I hope you're well! As we move into summer, I thought it would be the perfect time to schedule
an EPA happy hour. And, it's a great opportunity to say goodbye to our good friend Stan
Meiburg as he leaves DC! See below for details.
Date: Thursday, June 22nd
Time: 5:00pm - 8:30pm
Where: Dirty Habit, 555 8th St NW, Washington, DC 20004 (http://www.dirtyhabitdc.com )
Hope to see as many of you as possible! We'll grab some space in the courtyard. Feel free to
share with others that may be interested in joining.
Best,
Lou

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000513
ED_001686C _ 00000535-00001

 Vizian, Donna[Vizian.Donna@epa.gov]; Flynn, Mike[Flynn.Mike@epa.gov]
Tina Sung[tsung@ourpublicservice.org]
From:
Sondra Kahawaii
Sent:
Thur 6/8/2017 8:31 :59 PM
Subject: RE: PMC Reform EO meeting - EPA Rep
0MB PMC Agenda ASAM 6-7-17 .docx
To:
Cc:

Hi Donna and Mike,

To follow up on the note to Tina, below, I included details for the event on June 12 regarding the
reorganization executive order-reducing duplication, overlap, fragmentation, and obsolescence.

Below are logistical details and I attached the agenda for the session:

~~~~~~~~ Location: Partnership for Public Service (1100 New York Avenue NW, Suite 200
East, Washington, DC 20005)

o Hear how PMC Council peers are approaching the task of identifying ideas to reduce
duplication in these areas: programs, functions, geography and interdepartmental
o Each CFO Act agency will share their preliminary list of most compelling ideas to reduce
duplication
o Dialogue on obvious overlaps within and across departments
o Agree on next steps

We look forward to having Mike join us! Please let me know if you have questions or need
anything else.

Very best,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000514
ED_ 001686C _ 00000541-00001

 Sondra

Sondra Kahawaii, Esq.
Manager
Government Transformation and Agency Partnerships
Partnership for Public Service

1100 New York Ave NW
Suite 200 East
Washington, DC 20005
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

!.Ex. s_-Personal_Privacy_kdirect)
http://ourpublicservice.org

From: Vizian, Donna [mailto:Vizian.Donna@cpa.gQY]
Sent: Thursday, June 8, 2017 2:32 PM
To: Colleen Rasa <CRasa@ourpublicservice.org> ; Tina Sung <1filillg@ou publicservice.org>
Subject: PMC Reform EO meeting

Hi Tina and Coleen,

Good to see you today and sorry to run out at the end. I have a IO with OIG on some Thursdays
and today was one of them.

My Acting Deputy Administrator will be attending on Monday, but he can't locate the invite.
Can you send it to me (or resend to him - Fl nu.mike~ epa.gqy).

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000515
ED_ 001686C _ 00000541-00002

 Thanks
Donna

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000516
ED_ 001686C _ 00000541-00003

 PARTNERSHIP FOR PUBLIC SERVICE

REORGANIZATION EXECUTIVE ORDER
REDUCING DUPLICATION , OVERLAP , FRAGMENTATION , AND OBSOLESCENCE
SESSION DETAILS

Monday, June 12, 2017 from 8:00 to 11:00 a.m. at the Partnership for Public Service (1100 New York Avenue
NW, Suite 200 East, Washington, DC 20005)
PURPOSE

•
•
•
•

Hear how PMC Council peers are approaching the task of identifying ideas to reduce duplication in these
areas: programs, functions, geography and interdepartmental
Each CFO Act agency will share their preliminary list of most compelling ideas to reduce duplication
Dialogue on obvious overlaps within and across departments
Agree on next steps

8:45 a.m.

Panel Discussion - Three Exemplars
HHS, OHS, and DOC
•
How did you approach identifying ideas to reduce duplication, overlap, fragmentation, and
obsolescence in each of these categories: program, function, geography, and
interdepartmental?
•
How are you structuring the effort (team size, representation, rhythm, and
governance/decision-making)?
• What evidence and criteria are you using to identify top ideas (e.g., customer, financial,
operational, and benchmark data)?
•
How did you engage your workforce and key stakeholders?
•
Challenges? Risks? Mitigation strategies? Advice to colleagues?

a.m.

Report Out and Dialogue with 0MB
•
Report out with top ideas, overlaps, and areas where we can work together or need 0MB
support.
•
Next steps.
• Closing Remarks - Linda Springer

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000517
ED_ 001686C _ 00000542-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000518
ED_ 001686C _ 00000542-00002

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
Austin Fageol
Thur 6/8/2017 7:00:32 PM
FW: Summer budget review

MikeChecking back in with you - will we see you at one of our upcoming forums to help you
through your budget reviews? With the requirement to engage performance measures and data
analytics to justify all requests, these forums will be very useful.
Can I get you a brochure for one of them? As I mentioned, we have several discount passes
available.
Thanks,
-Austin Fageol

From: Austin Fageol
Subject: FW: Summer budget review
Date: Tuesday, June 6, 2017

MikeThe FY 19 budget reviews are emphasizing the use of performance measures and data analytics
to justify all requests. To prepare your program for these mandates the Performance Institute is
hosting three forums in the coming weeks that you can attend in person OR remotely by webinar:
Data Analytics for Government (June 20-21)
Performance Budgeting (June 22-23)
Using Benchmarks in Government (June 26-27)

We have recently received sponsorship for these programs so we can offer several discount
passes. Attendees may be able to receive CPE and PDU credits.
Would you be interested in seeing the full agendas and attending?
-Austin
Austin Fageol
Director, Outreach
The Performa nce Institute

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000519
ED_ 001686C _ 00000543-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000520
ED_ 001686C _ 00000543-00002

 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to flynn.mike@epa.gov.
Our mailing address is:
Performance Institute, LLC
1440 G St NW
Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book

unsubscribe from this list I update subscription preferences

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000521
ED_ 001686C _ 00000543-00003

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
EPA Healthy Indoor Air
Fri 6/2/2017 7:30:49 PM
June Is National Healthy Homes Month

Having trouble viewing this email? View it as a Web page .
Correction: Yesterday's message about National Healthy Homes Month contained errors.
We apologize for the errors and any confusion they may have caused.
June Is National Healthy Homes Month

June is National Healthy Homes Month-the perfect time to remember that a healthy home
includes healthy air. Why air? Because the air inside your home can contain harmful pollutants
that put you and your family at risk. Keep in mind that health effects resulting from poor indoor
air quality (IAQ) can be experienced soon after exposure or sometimes not until years later.
Improving your home's indoor air quality is important to your health and the health of your
loved ones.
The U .S. Department of Housing and Urban Development (HUD)'s theme for this year's
National Healthy Homes Month is Just What the Doctor Ordered. The quality of your indoor air
is an important factor of healthy living. Recognizing that people spend most of their time inside,
National Healthy Homes Month introduces concepts and tips for keeping homes healthy and
safe.

EPA's Indoor Environments Division shares HUD's vision for healthy homes nationwide:
Healthy homes need healthy indoor air. These three strategies will help you improve your
home's IAQ:
1. Source Control-Stop pollutants where they start. For example, adjust emissions from gas
stoves and eliminate sources of mold and moisture.
2. fmproved Ventilation -Tum on kitchen fans when cooking and bathroom fans when
showering.
3. Air Filters-Change the filter on your heating/cooling system as recommended by the
manufacturer.
Improve your home's air quality by using "green" cleaning products , not smoking indoors ,
having your home tested for radon , or upgrading your heating and cooling systems to be more
energy efficient and cleaner , among other steps.
Celebrate National Healthy Homes Month with EPA's Indoor Environments Division and
HUD! Follow the links below to resources that can help you improve your home ' s IAQ:

• HUD: National Healthy Hornes Planning Guide
• EPA: Protect the fAO in Your Horne: What You Can Do Now

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000522
ED_ 001686C _ 00000559-00001

 •
EPA: Home Remodels and Energy Upgrades
• EPA: Interactive Mold Hou se Tour

I hi, message, ., a, inten ded for: flynn.mike@epa .gov
ro upda te your sub scriptions,
pas s\vord, or to unsub scribe cliCk
the subs cripti on ser >'ice) p lease visit: ins'ghts.govdelivery.com"
If you have que stions or problems
viev>'1:SPA.'s privacy and secur ity nolice) please d ick

T his ema il was sent to flynn .mike@epa .gov using GovDe livery , on behalf of: EPA Indoor Environme nts Div ision 1200
Pennsy lvan ia Avenue NW Wash ington , DC 20460

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000523
ED_ 001686C _ 00000559-00002

 From:
Kristen DLJra.
•C.fL ____________________________________________
_
Location:
l__Ex._
6_-. Personal _Privacy__!
Importance:
High
Subject: Canceled: EEEC Teleconference (every 4 weeks)
Start Date/Time:
Fri 6/2/2017 6:00:00 PM
End Date/Time:
Fri 6/2/2017 7:00:00 PM

,,,,
Kristen Durance

Ross Strategic I 1218 3rd Ave, Suite 1207, Seatt le WA 98101
Phone: 206.792.4050
kd u ra nce@rossstrategic.com I http://www.rossstrategic.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000524
ED_ 001686C _ 00000579-00001

 To:
Kristen Durance[kdurance@rossstrategic.com];
andrew.putnam@state.co.us[andrew.putnam@state.co.us]; Flynn, Mike[Flynn.Mike@epa.gov]; Chu,
Ed[Chu.Ed@epa.gov]; Fine, Steven[fine.steven@epa.gov]; Battin, Andrew[Battin.Andrew@epa.gov];
chris.simmers@des.nh.gov[chris.simmers@des.nh.gov];
brandy. valdezmurphy@state.co. us[brandy. valdezmurphy@state.co. us];
bgraves@ecos.org[bgraves@ecos.org]; Hull, Beri[hull.beri@epa.gov]; Burton,
Tamika[burton.tamika@epa.gov]; Harbour, Shana[Harbour.Shana@epa.gov]; Leopard,
Matthew[Leopard. Matthew@epa.gov]; Anderson, Denise[anderson.denise@epa.gov]; Jones,
DougUones.doug@epa.gov]; Cacho, Julia[Cacho.Julia@epa.gov]; Peters, Dana[Peters.Dana@epa.gov];
michele. clarizio@state.mn. us[ michele. clarizio@state.mn. us];
michelle.beeman@state.mn.us[michelle.beeman@state.mn.us]; Bednar,
Georgia[bednar.georgia@epa.gov]; todd.parfitt@wyo.gov[todd.parfitt@wyo.gov];
connie.osborne@wyo.gov[connie.osborne@wyo.gov]; Sarah
Abramowitz[sabramowitz@rossstrategic.com]; memarthla@sctribe.com[memarthla@sctribe.com];
lydia.scheer@nau.edu[lydia.scheer@nau.edu]; Comer, Lisa[Comer.Lisa@epa.gov]; Lesley J.
LaPerle[llaperle@sheehan.com]; tburack@sheehan.com[tburack@sheehan.com]; Letson,
Laura[letson.laura@epa.gov]; Dana Stefan[dstefan@rossstrategic.com]
Cc:
Curtis, Mary[Curtis.Mary@epa.gov]; Eddie Ortiz[eortiz@ecos.org]; Simmers,
Chris[Chris. Simmers@doit. nh .gov]
From:
Robert Willis
Sent:
Thur 6/1/2017 8:16:46 PM
Subject: Cancelled EEEC Teleconference & EELC Priorities Document for your Review
E-Enterprise - EELC 2017-2018 Work Plan - 5.31.17 Redline.docx
E-Enterprise - EELC 2017-2018 Work Plan- 5.31.17 clean.docx

Hello Executive Committee,
We are cancelling our monthly EEECcall. Our next call is scheduled for June 30'".
Attached to this email are a clean and red line version of the updated EELCPriorities document. The
changes to this document should reflect the conversation with the EELC. A few notes and places where
we need feedback:

1. Inclusionof a priority area d. per the suggestionof LisaGover:

On the EELCcall we did not
conclude on what to do with the suggested new priority language. My read from the call was that
the suggested language was too broad/definitive and didn't reflect an appropriate type of priority
for the EELC. However; at the heart of the suggestion was a need to explore how E-Enterprise
can support capacity building.
Not wanting to lose that idea, a proposed additional priority area
could be something like: "Identify needs for and support to states, tribes, and EPA to modernize
environmental infrastructure systems to improve regulated community business transaction
interactions and to improve and make more timely data collection and decision-making
capabilities."
Having this as a priority would imply that the EELCset up a small scoping team to
explore what opportunities do exist for EELCto support capacity building consistent with EEnterprise.
2. Inclusionof the term "Cooperative Federalism": The EELCseemed split on whether to include
this term or not. In the attached draft, we provide an option for that opening sentence without
that term.

Please let me know what you think on the attached documents by COB next Thursday 6/8 (or before).
As always please don't hesitate to reach out if you have any questions or thoughts.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000525
ED_ 001686C _ 00000580-00001

 r
Rob Willis I Principa l
Ross Strateg ic I 1218 3rd Ave, Suite 1207, Seatt le WA 98101
Desk: 206.792.4082 I Cell: 206.295.2435
rw illis@rossstrateg ic.com I http://rossstrategic.com

-----Original Appointment----From: Kristen Durance
Sent: Thursday, January 12, 2017 9:22 AM
To: Kristen Durance; andrew.putnam@state.co.us;
Flynn.Mike@epa.gov; chu.ed@epa.gov;
fine.steven@epa.gov; battin.andrew@epa.gov;
chris.simmers@des.nh.gov;
brandy.valdezmurphy@state.co.us;
bgraves@ecos.org; hull.beri@epa.gov; burton.tamika@epa.gov;
harbour.shana@epa.gov; leopard.matthew@epa.gov;
anderson.denise@epa.gov; jones.doug@epa.gov;
Cacho.Julia@epa.gov; Peters.Dana@epa.gov; michele.clarizio@state.mn.us;
michelle.beeman@state.mn.us;
bednar.georgia@epa.gov; todd.parfitt@wyo.gov;
connie.osborne@wyo.gov;
Robert Willis; Sarah Abramowitz; memarthla@sctribe.com;
lydia scheer
(ITEP); Comer, Lisa; Lesley J. LaPerle; Thomas S. Burack; Letson, Laura; Dana Stefan
Cc:Curtis, Mary; eortiz@ecos.org; Simmers, Chris
Subject: EEECTeleconference (every 4 weeks)
When: Friday, June 2, 2017 11:00 AM-12:00 PM (UTC-08:00) Pacific Time (US & Canada).
Where:(888)326-7492;57761271#

Hi all,
The E-Enterprise Executive Committee (EEEC)will continue to meet every four weeks through 2017.
Please let me know if you have any questions about these calls or need to add staff to the invite.
Logistics:
Call-in Ex. 6 _-Personal _Privacy_j

L

Passcode:

l_Ex.6-PersonalPrivacy

1

Thanks and Happy New Year!
K

Kristen Durance
Ross Strategic I 1218 3rd Ave, Suite 1207, Seatt le WA 98101
Phone: 206.792.4050
kd u ra nce@rossstrategic.com
I http://www.rossstrategic.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000526
ED_ 001686C _ 00000580-00002

 Discussion Draft 5.31.17 -Adopting

all redlines and deleting all comments as of 5.31.17

E-Enterprise Leadership Council 2017-2018 Work Plan
VOS.31.2017
E-Enterprise for the Environment puts into practice "Cooperative Federalism" among states,
territories, Tribes, and U.S. EPA to accelerate the collaborative development, implementation,
and improvement of environmental and public health protection programs.
E-Enterprise uses
innovative strategies, process streamlining, and technological solutions to deliver better
environmental results, often with lower costs and less burden, for the benefit of the public, the
regulated community and government agencies.
Areas of focus for E-Enterprise Leadership Council in 2017-2018:
a. Promote adoption of the E-Enterprise principles
i. Cultivate widespread adoption of the E-Enterprise management approach including
its design philosophy and strategies.
ii.Continue to build and enhance a 'toolbox' of solutions (e.g., shared governance,
tools, ideas, systems, shared services, innovations, technologies, methods, and
approaches) that can be used, reused, and shared by states, territories, Tribes, and
U.S. EPA.
b. Develop, implement, improve, and tell the story of, current E-Enterprise projects
i. Implement into production the first-generation products in projects already initiated
under the aegis of E-Enterprise (e.g., Pesticide Labeling, Tribal Water Quality
Roadmap, and Assistance Gateway).
ii. Examine completed and ongoing scoping efforts (e.g., e-Permitting, and Advanced
Monitoring), and identify recommended actions that merit support as appropriate.
iii.
Complete development of and implement the Shared Services strategy
c.

Support the next generation of business process improvements and system development
and enhancements projects. For example, scaling the projects identified through the
Partnership Action Plan process, and new opportunities for streamlining (such as electronic
reporting).

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000527
ED_ 001686C _ 00000581-00001

 Discussion Draft 5.17.17 -TSB redline of RW draft

E-Enterprise Leadership Council 2017-2018 Work Plan
VOS.31.2017
E-Enterprise for the Environment puts into practice "Cooperative Federalism" among states,
territories, Tribes, and U.S. EPA to accelerate the collaborative development, implementation,
and improvement of environmental and public health protection programs. E-Enterprise uses
innovative strategies, process streamlining, and technological solutions to deliver better
environmental results, often with lower costs and less burden, for the benefit of the public,the
regulated community and government agencies.
Areas of-focus for E-Enterprise Leadership Council in 2017-2018:
a. Promote adoption of the E-Enterprise principles
i. Cultivate widespread adoption of the E-Enterprise management approach including
its design philosophy and strategies.
ii.Continue to build and enhance a 'toolbox' of solutions (e.g., shared governance,
tools, ideas, systems, shared services, innovations, technologies, methods, and
approaches) that can be used, reused, and shared by states, territories, Tribes, and
U.S. EPA.
b. Develop, implement, improve, and tell the story of, current E-Enterprise projects
i. Implement into production the first-generation products in projects already initiated
under the aegis of E-Enterprise (e.g., Pesticide Labeling, Tribal Water Quality
Roadmap, and Assistance Gateway).
ii. Examine completed and ongoing scoping efforts (e.g., e-Permitting, and Advanced
Monitoring), and identify recommended actions that merit support as appropriate.
iii.
Complete development of and implement the Shared Services strategy.
c.

Support the next generation of business process improvements and system development
and enhancements projects. For example, scaling the projects identified through the
Partnership Action Plan process, and new opportunities for streamlining (such as electronic
reporting).

d.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000528
ED_ 001686C _ 00000582-00001

 To:
Cc:

From:
Sent:
Subject:

Pruitt, Scott[Pruitt.Scott@epa.gov]
Flynn, Mike[Flynn.Mike@epa.gov]; Reeder, John[Reeder.John@epa.gov]
Marilena Zeprun
Thur 6/1/2017 8:02:55 PM
The Paris Agreement

Hello Mr. Pmitt,
I am writing to you in regards to the much talked about Paris Agreement. It is common
knowledge that you believe it isn't putting America first and the United States of America should
withdraw.
As someone who is j Ex. 6 • Personal Privacy iI urge you to think of the generations below you who are going
to have to face the e~vironmental issues your generation leaves behind head on. The
repercussions of withdrawing from The Paris Agreement will span far beyond Tmmp's
presidency, and likely beyond your lifetime or even mine. You might simply not care about the
effects, but I imagine you care about the wellbeing of this country since you sit at the top level of
government. Your constituency will benefit in the long-mn, I promise you that. You have the
chance to be remembered as a pivotal member of government who when faced with a difficult
decision, made the selfless one. We are not Syria or Nicaragua. We are America.
Sincerely,
Marilena Zepmn

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000529
ED_ 001686C _ 00000583-00001

 To:

From:
Sent:
Subject:

Flynn, Mike[Flynn.Mike@epa.gov]
EPA Healthy Indoor Air
Thur 6/1/2017 5:31 :04 PM
June Is National Healthy Homes Month

Having trouble viewing this email? View it as a Web page .
June Is National Healthy Homes Month
This June is thefirstNational Healthy Homes Month-the perfect time to remember that a
healthy home begins with healthy air. Why air? Because the air inside your home can contain
harmful pollutants that put you and your family at risk. Keep in mind that health effects resulting
from poor indoor air quality (IAQ) can be experienced soon after exposure and sometimes not
until years later. Improving your home's indoor air quality is important to your health and the
health of your loved ones.
The U.S. Department of Housing and Urban Development (HUD)'s theme for this first National
Healthy Homes Month is Everyone Deserves a Safe and Healthy Home. Recognizing that people
spend most of their time inside, National Healthy Homes Month introduces them to concepts and
tips for keeping homes healthy and safe.

EPA's Indoor Environments Division shares HUD's vision for healthy homes nationwide:
Healthy homes need healthy indoor air. These three strategies will help you improve your
home's IAQ:
1. Source Control-Stop pollutants where they start. For example, adjust emissions from gas
stoves and eliminate sources of mold and moisture.
2. Ventilation Improvements-Open your windows to let in some fresh air. Tum on kitchen
fans when cooking and bathroom fans when showering.
3. Air Cleaners-Consider purchasing an air cleaner to remove pollutants from your home's
air.

Improve your home's air quality by using "green" cleaning products , ceasing to smoke indoors ,
having your home tested for mold and radon , cleaning your air ducts, or upgrading your heating
and cooling systems to be more energy efficient and cleaner , among other steps.
Celebra te National Healthy Homes Month with EPA's Indoor Environments Division and
HUD!

Follow the links below to resources that can help you improve your home's IAQ.
•
•
•
•

HUD: National Healthv Hornes Month 20 17
EPA: Protect the [AO in Your Horne: What You Can Do Now
EPA: Horne Remodels and Energy Upgrades
EPA: interactive Mold House Tour

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000530
ED_ 001686C _ 00000587-00001

 I hi, message ,, a, inknd~d for : flynn. mike@epa .gov
roupda te your subscripti on s, mo dify your pa ss\vord, or to unsubs cribe click
If you have question s or prohlerns \vith the subs cription servi ce\ please
insights .govdelive y.com"
vie\v l])A, 's pri vacy and security nolice) plea se clic k

This ema il was sent to flynn .mike@epa .gov using GovDe livery , on behalf of: EPA Indoor Environments Division 1200
Pennsy lvan ia Avenue NW Washing ton , DC 20460

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000531
ED_ 001686C _ 00000587 -00002

 From:
Sent:
Subject:

Kristina Troutman
Thur 6/1/2017 1:52:24 PM
Event Invite: Using Splunk for Security? Use it for IT Ops too to save money and ensure

uptime

Hi there-

I am sure by now you've heard about Splunk and all of the amazing things Splunk does to
protect your critical infrastructure. You may even already be using it in your organization. But
did you know that you can take your deployment of Splunk and use it in your own IT department
as well? We call it "ingest once, use many".

If that piques your interest, take 2 hours out of your day next Wednesday, June 7th to hear from other
customers like University of Maryland, World Bank and the State Department are using Splunk to
1)

Save money by extending their existing deployment with the "ingest once, use many" logic

2)

Achieve 100% system availability and uptime meeting critical SLA's

3)

Monitor, troubleshoot, and remediate effortlessly

4)

Adjust KPI' s/thresholds in real-time with the advantage of machine learning

REGISTER NOW: http: //live.splunk.com /washingtondcforum

Don't take it from me, take it from our customers. Watch these videos from our customers to
understand how they are using Splunk to manage and gain better visibility into their IT
operations -

More details on the event are below. We hope to see you there. And please, if you have any
questions, don't hesitate to contact me directly.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000532
ED_ 001686C _ 00000591-00001

 Have a great day!
Tina

Event Details
June 7, 2017
7:30am-l l:15am
Grand Hyatt Washington DC
I 000 H Street NW
Washington , DC 2000 I

Featured Speakers
• Tunay Basar, Vice President and Co-Founder , Pernix Consulting
• Steven Bochniewicz, Senior IT Security Analyst , University of Maryland
• Mike Makar , Senior IT Manager , World Bank Group

Agenda
7:30am - Registration & Breakfast
8:30am - Welcome & Introductions
•JJJJJJ

8:45am - Customer Panel: Meeting IT Challenges - Success Stories from the Field

•JJJJJJ

9:45am - Break

•JJJJJJ

10:00am - Monitor , Troubleshoot & Manage Across the Stack with Splunk

•JJJJJJ

10:35am - Taking Action in Your Organization

•JJJJJJ

11:15am - Closing Remarks

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000533
ED_ 001686C _ 00000591-00002

 Tina Troutman
Sr. Field Marketing Manager - Public Sector, Federal
Splunk Inc.
Mobile: 215.668.3998
Email: ktroutman@splunk .com
San Francisco I Cupertino I London I Hong Kong I Washington D.C. I Seattle I Plano I Singapore I
Munich I Tokyo I Shanghai

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000534
ED_ 001686C _ 00000591-00003

 To:

From:
Sent:
Subject:

Tamika Burtonl_______
Ex. _6_
- _Personal_Privacy _______
!
Flynn, Mike
Fri 6/9/2017 12:24:28 PM
RE: Camden Marc shut down - Ill be delayed

Ok thanks for the heads up
Mike Flynn
Acting Deputy Administrator
U.S. Environmental Protection Agency
202-564-4711
-----Orig inal Message----,·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
From: Tamika Burton [mailtoL. ________
Ex._6_-Per~nal _Privacy-~----·-·-!
Sent: Friday, June 09, 2017 8:15 AM
To: Flynn, Mike <Flynn.Mike@epa.gov>
Subject: Camden Marc shut down - Ill be delayed

Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000535
ED_ 001686C _ 00000598-00001

 From:
Angie Cooper - Global Public Policy
Location:
EPA Office - 1200 Pennsylvania Ave, NW
Importance:
Normal
Subject: Meeting with Walmart and Ryan Jackson (EPA)
Start Date/Time:
Wed 6/21/2017 6:30:00 PM
End Date/Time:
Wed 6/21/2017 7:15:00 PM

1200 Pennsylvania Ave, NW; Washington, DC. You should enter our North Building located
near the Federal Triangle metro stop. Once you arrive, have the guards call 564-6999 and
someone will come escort you to Ryan's office.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000536
ED_ 001686C _ 00000607-00001

 From:
Horton, Melissa H. ;-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-;
,·-·-·-·-·-·-·-·-·-·-·-·-·-;
Location:
Cont Call! Ex. 6-Personal Privacy ! Access Code: Ex.6-PersonalPnvacy !
•
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'
i
!
Importance:
Normal
Subject: EPA Roundtable Call (2:00pm ET)
Mon 6/5/2017 6:00:00 PM
Start Date/Time:
End Date/Time:
Mon 6/5/2017 6:30:00 PM
Noel and I would like talk around 2:00pm on Monday (6/5) if you're available. Thanks!
Melissa Horton
Southern Company
Federal Enviromnental Affairs
!
i
1 Ex. 6 - Personal Privacy_ i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000537
ED_001686C _ 00000620-00001

 To:
Bucci, _Kristine_A.. EOP/WHO(L _____Ex._6_-Personal Privacy ____________
! Locetta, Jennifer R.
E OP/WHO[ L________________
E._x~_!l_:_P._~r~~~P._r]:':'.'.~cy
___
:r.·-=-·-·-..,.!
incomingp_p9..q9.Q§_@'{V_Q<?.:~.9.P.:9_qL
_______
~~:._6-_:_~~!~~-~~llrivacy
_________
Cc:
i Ex. 6 - Personal Privacy (Special Agent) !
From:
LDourson, Michael (doursoml)
'
Sent:
Thur 6/8/2017 4:02:17 PM
Subject: Re: Pending EPA Appointment
Dourson Foreign travel Complete .doc x

i

Dear Colleagues
Please find attached what I now consider my complete foreign travel for the last 15
years. I apologize that this effort was done in stages, but I did not have access to my
paper files prior to leaving for an extended overseas business trip, and when I returned
on Tuesday enhanced my report with these paper files as I sent yesterday. I have now
had time to compare yesterday's file with our Conflict of Interest (COi) database and
pick up several more trips. These addition trips are shown in the attached file as bold
printed. The list has also been slightly reordered chonologically.
Cheers!
Michael Dourson
-- If you can't explain it simply, you don't understand it well enough. Albert Einstein

Risk Science Center
From: Michael Dourson <doursoml@ucmail.uc .edu >
Date: Wednesday, June 7, 2017 at 8:52 AM
To: "Bucci, Kristine A. EOP/WHO" <C-·-·-·-·-·-Ex."-f'.-personai·Privacy·-·-·-·-·-·-·-~
"Locetta, Jennifer R. EOP/WHO"
<L·-·-·-·-·-·-·-·-·-·-·~~:~~-~~!.~?-~~~:.~i-~~5X..
________
c·-·r:,-·-·-·j}

11

!r·-·-·-·-·-·-·-·Ex~"s"-::Perso~1-p~j\f"aCY-·-·-·-·-·-·-·L\i

~c:f~~~~~~~~~·~/ ~ ~e;:
r:a~~:~;~ivacy°.(Sp~cial
_Agenf~~~~~~~~~~~!
0

Subject: Pending EPA Appointment

Dear Colleagues
Please find attached a revised list of foreign travel in response to my interview with
Special Agent Eby yesterday. This more complete listing enhances my response to
the Electronic Questionnaires for Investigations Processing (e-QIP) Investigation
Request #23126664 (specifically, Section 20B - Foreign Business, Professional
Activities, and Foreign Government Contacts), and includes my just completed two
international trips, and also trips that were available only on office calendars for which I
otherwise did not have access before I left the country on this recent international travel.
I also attach a revised resume that includes these two recent trips. This resume can also be used
as a replacement to that used for this investigation request.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000538
ED_ 001686C _ 00000623-00001

 Special Agenti, .....,.
. ,...,!s checking on whether my fingerprints are
already availa5re-·electronically. I have completed the form 278 as of yesterday. Pleaselet me
know if you need anything else from my end.
Cheers!
Michael Dourson
-- It is the mark of an instructed mind to rest satisfied with the degree of precision which the
nature of the subject permits and not to seek an exactness where only an approximation of the
truth is possible. Aristotle

Risk Science Center
From: Michael Dourson <doursoml@ucmai l.uc .edu >
Date: Tuesday, June 6, 2017 at 4:51 PM
To:[____
Ex._6 _-_
Personal_ Privacy (Special Agent) ____:
Subject:Dourson Foreign Travel

Dear Special Agenti,,,-PocsoaalP,;,aoyi
L·-·-·-·-·-·-·-·-·-·i

Thanks for taking some time out of your busy day to speak with me. As discussed,
attached is a more complete listing of foreign travel going back 15 years. This listing
includes my just completed two international trips, and also trips that were available only
on calendars in my office, and that I otherwise did not have access to when I answered
the on-line version of the question regarding "Foreign Conferences, Trade Shows,
Seminars, and Meetings" at home just before I left the country on the recent
international travel.
The Society of Toxicology also sponsored Professor Sri Noegrohati of the Gadjah Mada
University of Yogyakarta, Indonesia to visit our nonprofit Toxicology Excellence for Risk
Assessment (TERA) in 2013. Dr. Bernard Gadagbui of our office and I returned to her
university in the spring of 2014 to lecture for a week. The Society of Toxicology
sponsored both visits, and neither Dr. Gadagbui or I was otherwise paid for this activity
(other than our salary from TERA). Professor Noegrohati's email
is i Ex. 6 - Personal Privacy l
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

Please feel free to call with any additional questions.
Sincerely,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000539
ED_ 001686C _ 00000623-00002

 Michael L. Dourson, Ph.D., DABT, FATS, FSRA
Professor
Risk Science Center (formerly TERA)
Department of Environmental Health
University of Cincinnati, College of Medicine
160 Panzeca Way
Cincinnati OH 45267-0056
.rnichael._dours<?n@uc.edu

i
i

Ex. 6 - Personal Privacy

i

(Mondays)
' http://eh.uc.edu/tera /

RiskScience Center

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000540
ED_ 001686C _ 00000623-00003

 International Trips of Michael L. Dourson, Ph.D., DABT, FATS, FSRA
International Certificate Workshop entitled Environmental Health in the Philippines:
Perspectives and Approaches. Ateneo Professional School. Makati City. June 1-2,
2017.
Annual Meeting of the Taiwan Chapter of the Society for Risk Analysis. Taichung City,
Taiwan. May 25-26, 2017.
The Regional Training Program on Risk Assessment. Bibliotheca Alexandrina.
Alexandria, Egypt. April 24-27, 2017.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting in Jerusalem, Israel. November 15-17, 2016.
Joint Meeting of the Food and Agriculture Organization of the United Nations (FAQ)
Panel of Experts on Pesticide Residues in Food and the Environment and the World
Health Organization (WHO) Core Assessment Group on Pesticide Residues (JMPR),
Rome, Italy. September 13-22, 2016.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Brussels, Belgium. November 3-5, 2015.
Asian Pacific Economic Conference Workshop on Metals Risk Assessment. Cebu,
Philippines. August 28-29, 2015.
International Workshop On Comprehensive Toxicology. Bengaluru, India. July 27-31,
2015.
Environmental Review Tribunal Hearing Case No. 12-033. Concerned Citizens
Committee of Tyendinaga and Environs v. Director, Ministry of the Environment.
Travelodge on Belleville, Ontario. April 27, 2015.
British Toxicology Society Annual Congress. Birmingham, UK, April 20-21, 2015.
International Manganese Institute, University of Ottawa. Ottawa, Canada. October 14,
2015.
Joint Meeting of the Food and Agriculture Organization of the United Nations (FAQ)
Panel of Experts on Pesticide Residues in Food and the Environment and the World
Health Organization (WHO) Core Assessment Group on Pesticide Residues (JMPR).
Geneva, Switzerland. September 15-24, 2015.
World Health Organization & European Food Safety Commission. Workshop on Review
of the Threshold of Toxicological Concern (TTC) Approach. Brussels, Belgium.
December 2-4, 2014.
Dose Response Assessment Boot Camp. Toxicology Excellence for Risk Assessment
(TERA) at Gadjah Mada University. Yogyakarta, Indonesia. June 13-21, 2014.

AMERI(

618117

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

1

EPA-17-0193 and EPA-17-0194-A-000541
ED_ 001686C _ 00000624-00001

 International Trips of Michael L. Dourson, Ph.D., DABT, FATS, FSRA

American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Frankfurt, Germany. May 7-9, 2013.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Brussels, Belgium. May 7-9, 2012.
Risk assessment training to JTI international. Geneva, Switzerland. November 1
and 2, 2010.
Assessment of Exposure and Human Health Risks in the Flin Flon Area.
Community Open House, Flin Flon, Manitoba. June 17th, 2010.

Risk Assessment Summer School (RASS) sponsored by the International Union of
Toxicology. Calabar, Nigeria. May 26 to 30, 2010.
Flin Flon Soils Study. Independent Expert Review Panel Meeting
Winnipeg, Manitoba. June 23-24, 2009.
University of Ottawa---specific title of conference lost. Ontario, Canada. May 6
and 7, 2008.
Meeting with Cloverleaf Tuna and the Canadian Ministry of Health. Ottawa,
Canada. October 5, 2006.
Sudbury Soils Study. Sponsored by Inco Ltd., Falconbridge Ltd., the Ontario
Ministry of the Environment, the Sudbury & District Health Unit, the City of
Greater Sudbury, and the First Nations and Inuit Health Branch of Health Canada.
Independent Expert Review Panel. Sudbury, Ontario. September 20-21, 2006.
World Health Organization---specific title of conference lost. Berlin, Germany.
May 9-10, 2005.

3rd International Conference On Children's Health And The Environment.
London, United Kingdom. March 31 to April 2, 2004.
NA TO Advanced Research Workshop: Integrating human effectiveness and risk
characterization of non-lethal weapons into antiterrorism civil science programs. Prague,
Czech Republic. October 18-23, 2004.
Science Symposium Update on Science Supporting the EU Voluntary Risk Assessment,
International Copper Association. Rome, Italy. May 17, 2004.
ATSDR and RIVM Expert Panel Meeting on Chemical Risk Assessment and
Children's Health. Brussels, Belgium. June 26, 2003.

AMERI(

618117

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

2

EPA-17-0193 and EPA-17-0194-A-000542
ED_ 001686C _ 00000624-00002

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Tue 6/6/2017 4:54:34 PM
Subject: UPDATED 06Jun - Travel Receipt for JACKSON/RYANT Travel date 07Jun
Travel Receipt Commu nication Attachment - M2PZWQ - June 7 2017 .PDF

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.
To view your trip via Viewtrip, please click here

Printer Friendly

Total Amount: 53.24 USD
This ticket information applies to the following trip(s):
Delta Air Lines Flightl:~:~-~:j
from !___Personal security Ex. 6; Ex._7C;_Ex._7E;_Ex. _7F___pn June 07 (Operated By:
Endeavor Air Dba Delta Connection)
Delta Air Lines Fligh~•·-·-·-•-•-'!from!''"""'"""';'"·'"·""·""·"
to Rome on June 07
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.:
ElectronicTicket Number:!
Invoice Number: 000168606
Ticket Amount: 789.60 USD
Prior Ticket·

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

LPersonal

Old Ticket Value:
Penalty/Exchange
Add/Collect: 0.00
Form of Payment:

Security Ex. 6; Ex. 7C;_Ex. 7E; Ex. 7F

i
'

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1,842.76 USD
Fee: 0.00 USD
USD
CA ************5946

Service Fee Number: 8900693781330
Service Fee Amount: 53.24 USD
Form of Payment: CA ************5946

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000543
ED_ 001686C _ 00000625-00001

 Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

06/07 /2Q Personal Security

Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Status

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[~-:-~.-~~~:~-~:~·::~·:

Depart/ Arrive

!Economy I Y
!Economy I X

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Class/Type

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Confirmeq
j_·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

Add to Cal enda r Need Help?

Delta Air Lines Flight

i -· ·· · · iEconomy

Online check-in

·-·-·-·-·-·-·-'

Depart:

Amve :

.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!
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i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

Duration:
Status
Equiprrient:
*Opera ted By:
Seat:
Distance:
CO2 Ernissions:

i hour(s) and i7 rn:nute/s) Non-stop
-·-·-·-·-·-·-·-·-·-·-·-·-·
Confirmed Deita Ai r Lines Record Locator! e., ••,.,. •• ,. .. '" "" ""' i
Canada,r Reg!ona! Jet 900
;_________________________
!

Remarks:

NO FREQUENT Fl.YER it~ YOUR PROFILE FOR. CARRIER BOOKED
FCR UP TO DATE TRAVEL iNFO RMATiON ON A!F<LINE
CHECK -IN/RESTRICT!ONS/LIMITAT:ONS/SECURITY.
Pl.EASE CHECK \Wv'\IVDELTA COM

Endeavor Air Dba Delta Connection
10D /N on smoking. Window) Confirm ed
212 miles/ 341.108 kilomete rs
116.6 ibs/5:3 kgs

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000544
ED_ 001686C _ 00000625-00002

 Online check-in

Delta Air Lines Flight !._·-·-·-·-·-jEconomy
.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Depart:

i

!

Arrive:

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

!

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'"Fiumicino , Terminal 3
;Rn.r:o.e._.Lta\y
L.--· · ···.:Thursday , June 8 2017

'

Duration:
Total duration:
Status:

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator:: --··-•"·"·"·"·

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles/ 6859.167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

SEAT ASSIGNMENT CONFIRMED:38B
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED

i·-·-·-·-·-·-·-·-·-·-·-·i

:

Add to Cal enda r Need Help?

En1irates L_..."·~-

cty"'
""'·K'"""""' .

!Econorny

Depart:

Amve :

Online check-in

Ma!pensa . Terminal i
Milan. Italy
,~::·:~::::.~:·~::j Sunday. June 11 201 7

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Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

1-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!
i

Duratio n:
Status:

8 hour(s) and 50 rri!nute(s) Non-stop
Confi rmed Emirates Reco rd Locato r: :...,...,,...... ......)

Mea!:
Equipme,nt
Seat:
Distance :
CO2 Ernissions:

Mr;,a!
Airbus lnd ustne A380-800 Passer ger
Assigned at Check-in
3982 rniles / 640 7.038 kilometers
i .489.27 :bs/676.94 Kgs

Remarks:

FOR UP TO DATE TRAVEL INFORMATION ON AIF~LINE
CHECK-iN/R EST R!CT !ONS/LIMITA TIO NS/SECU R!TY.
PLEAS E CHEC K \WWV EMIRAT ES COM
NO FREQUE NT Fl.YER !N YO UR PROF!LE FOR CARR IER BOOKED

i-·-·-·-·-·-·-·-·-·

Online check-in

Jetblue Flight[. -- ·· ·· ]Economy
Depart:

Arrive:

-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

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!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

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i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000545
ED_ 001686C _ 00000625-00003

 Duration:
Total duration:
Status:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

1 hour(s) and 27 minute(s) Non-stop
13 hour(s) and 12 minute(s) including layover(s)
Confirmed - Jetblue Record Locatod •···-• "·" · "·"" !
Embraer 190
L--·-·-·-·-·-·-·-·-·"
10C (Non smoking, Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
FOR UP TO DATE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.JETBLUE.COM
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEAL TH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.OHS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORTNISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSUL TANT OR THE AIRLINES WEBSITE.

PLEASE PROVIDE JETBLUE AIRWAYS FREQUENT FLYER NBR AT TIME OF CHECK IN
JETBLUE TICKETS ARE NOT ACCEPTED BY OTHER AIRLINES
DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK

06Jun/11 :54AM

TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security
requirements regarding permitted and prohibited articles and goods related to your travel.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000546
ED_ 001686C _ 00000625-00004

 Air

Car

Hotel

Rail

Other

Vendor

Fare information

Refund restrictions
before departure

Change restrictions
after ticketing

Ticket information

Air
:
} 07Jun
i·-·········~Jun

Total:
USO 789.60

REFUND
RESTRICTIONS MAY
APPLY

CHANGE
RESTRICTIONS MAY
APPLY

789.60 USD

L---·-·-·-·-·-)

All quotes are provider quotes excluding possible taxes and charges en route. Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the header of this document. Please note that
some local taxes and charges may be invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardons Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in 5 years
imprisonment and penalties of$250,000 or more (49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.
Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggage. If your
carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.

Email generated on 06Jun/4:54 PM UTC

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for th many and all documents for any such Supp lier sen ice,. including. without limitation. all cance llat ion fees. B). ut ili/in g the sen1ces
represented by this itinerary. you ag ree to the foregoing antl also agree that netth e1 BCD rnn el or its parent. affi lia tes. subsidiaries partners .
agen ts . and then- re specli ve office rs. direct ors . employees. and rep resenta ti,·e s shall he or hecome liable for any loss . cost. expens e. injury.
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addit ional Ienn, and condi 1ions rela ted to th i, itinerar y at Terms and Conditions.
1,

1,

AMERICAN

OVERSIGHT
American Oversight v, EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000547
ED_ 001686C _ 00000625-00005

 TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline and
are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

To view your trip via Viewtrip, please click

here

Printer Friendly

Delta Air Lines Flight 3433 from Washington DC to New York NY on June qDperated By: Endeavor Air Dba Delta Connection)
Delta Air Lines Flight 444 from New York NY to Rome on June 07
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

ElectronicTicket Number:i.""' "'""''""'."'""'"".".!
Invoice Number: 000168606
icket Amount: 789.60 USO
.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
Prior Ticket! Per s onal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F !
'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'
Old Ticket Value: 1,842.76 USO
Penalty/Exchange Fee:0.00 USO
dd/Collect: 0.00 USO
Form of Payment: CA************5946
00

Service Fee Number: 8900693781330
Service Fee Amount: 53.24 USO
Form of Payment: CA************5946

Travel Summary - Agency Record Locator

TAA04FNW

06/11/2017
06/11/2017

MXPC · ·:

Confirmed
Confirmed
Confirmed
Confirmed

------------

Economy /Y

1
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

!Economy/ X
iEconomy /Y
!Economy /Y

----·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·----------------'

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000548
ED_ 001686C _ 00000626-00001

 1-----------i

!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i~------------------

.....

1 hour(s) and 17 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator:i --··-•" ·"·"·"" !
Canadair Regional Jet 900
'
·
Endeavor Air Dba Delta Connection
10D (Non smoking, Window) Confirmed
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs
NO FREQUENlFL YERI N YOURPROFI LB=ORCARRIER3OOKED
FORUPTODATETRAVEUNFORMATIOf'(l)NAIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASECHECK\/W\tW.DEL TA.COM

Remarks:

AIR - Wednesday, June 7 2017 - Agency Record Locato
Delta Air Lines Flight -__· ·. ·_

m!mm

. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i
Fiumicino,Terminal3

t~:~
:~..

~~~~j'hursday, June 8 2017
8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator:_"'"""'""""""' " ' '"'' " '_I
Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEAT ASSIGNMEN"CONFI RMED:38B
NO FREQUENlFL YERI NYOURPROFI LB=ORCARRIER3OOKED

AIR- Sunday, June 11 2017 -Agency Record Locator ·

Add to Calenda r Need Hel

Emirates Flighi· ...,.... · .. ~conomy

?

Online check-i

Malpensa, Terminal1
Milan, Italy
! ......., ... . · ··· iSunday, June 11 2017
-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i
i

!i Personal
1---------~

Remarks:

Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

!---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

i
i

!i

!
,__

_____________________

--I

8 hour(s) and 50 minute(s) Non-stop
"" ", .." .." .." i
Confirmed - Emirates Record Locato! "'"""'""
Meal
Airbus lndustrie A380-800 Passenger
Assigned at Check-in
3982 miles / 6407 .038 kilometers
1,489.27 lbs/676.94 kgs
FORUPTODATETRAVEUNFORMATIOf'(l)NAIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASECHECK\/W\tW.EMI RATES. COM
NO FREQUENlFL YERI NYOURPROFI LB=ORCARRIER3OOKED

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000549
ED_ 001686C _ 00000626-00002

 Per sonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

__,__...____
,_.__._
..._________
...___._ _.,__.....______
..,____
,_,. __________________________________
_
_

Depart:

1A-r-riv_e_:
_____

'

'i

i
i
i
i

i
i
i

!

___, Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

'

i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

Duration:
Total duration:
tatus:
Equipment:
eat:
02 Emissions:
Remarks:

!

;~;---------------------l
;
;
;
;

1 hour(s) and 27 minute(s) Non-stop
layover(sJ
13 hour(s) and 12 minute(s) includin_g_
Confirmed - Jetblue Record Locato{ ·=:.,.,.~:;
-...·:·.:·.~--~..:._]
Embraer 190
10C (Non smoking, Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
FORUPTODATETRAVEUNFORMATIOl'©NAIRLINE
CHECK-IN/RESTRICTIONS/LI MITATIONS/SECURITY.
PLEASECHECK\iWWV.JETBLUE.COM
NO FREQUENlFL YERI NYOURPROFI LS::ORCARRIER3OOKED

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000550
ED_ 001686C _ 00000626-00003

 Remarks
FOR 24/7TRAVELASSIST ANCEPLEASECONT ACT
HE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDETHE US CALLCOLLECT770-829-2609
FORTHEHEARINGMPAIREDPLEASEDIAL711
0 ACCESSRELA YSERVICE.PROVI Ds=>HONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENTCHANGES NTHEFY15GOVERNMEN"CITYPAI R
PROGRAM/CPFVOURAI R RESERVATI ON~RESUBJECTTO
CANCELLATI Ol'llYTHEAI RLI NESF NOTTICKETED\ T LEAST
8 HOURSPRIORTOSCHEDULECDEPARTURE
PLEASEENSUREALLNECESSARYAPPROVALS\REPROCESSEDN
CCORDANCEWITHYOURAGENCYSBUSINESffiULESBUTNOLESS
HAN3 BUSI NESSJA YSPRI ORTO DEPARTURB"OENSURETICKETI NG.
HIS48 HOURCANCELLATIONRULEDOESNOTAPPL YTO
DOMESTIC
I NTERNATIONAHESERVATION$JNLESSt'OURTRIPHAS
CONNECTIONs.)NMORETHANONEAIRLINEDRTHESE
RESERVATIONstEQUIREEEPARATEAIRTICKETS.
RECONFI RMNTERNATI ONAELIGHTS72HRSPRIORTO TRAVEL
CHECKIN21/2HOURSPRIORFORINTERNATIONAirRAVEL
PASSPORlV ALI 06 MONTHSBEYONDI NTENDED3T A Y
IS REQUI RECFORTHISITINERARY
DVISEOOF DOCUMENlREQUI REMENTSORTHI SITI NE RARY
CHEC'r0f\/Wv\/. CDC.GOV /TRAVBEORTRAVELHEAL THAD VI SORI ES
PROPERDOCUMENTATIOM> REQUI RECFORENTRYl NTO
RRIVALCOUNTRY
CHECKVVVWV.DHS.GOV/TRAVEL-ALERTS
FOR COUNTRYTRAVELADVI SORI ES
CONT ACTTHEDESI GNATEIEOVERNMENlZ\GENCYl NY OUR
COUNTRYOFCITIZENSHlffl"ORPASSPORTNIS.REQUIREMENTS.
RAVELINTOU.S.MAYREQUIREESTMUTHORIZATION.
ISITHTTPS://ESTA.CBP.DHS.G~RDET
AILS.
CHECK-I NrlMESA.RE90 Ml NUTEs=>RIORTO DEPARTURE
FOR DOMESTICFLIGHTS)R 120MI NUTEs=ORI NTERNATIONAL
ELECTRONIITICKET/SWILLBE ISSUECFORTHISTRIP
IRPORTFEESMAYBE COLLECTEQJPONARRIVAL
CHECKEDBAGGAGEPOLI CIES\/ ARYBASEDON CARRIE RAND Fl NAL
ITHYOURTRAVELCONSUL TANTIRTHEAIRLINESNEBSITE.

PLEASEPROVI 06.JETBLUS\I RWA Ys=REQUENlFL YERNBRATTI MEOF CHECK! N
ETBLUETICKETS\RE NOT ACCEPTECBY OTHERAI RLI NES
DESTI NATIO!\F.ORTHELATESll NFORMATIOfR>LEASECHECK

06Jun/11 :54AM
TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security requireme1
regarding permitted and prohibited articles and goods related to your travel.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000551
ED_001686C _ 00000626-00004

 Estimated trip total

789.60 USO

Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in
5 years imprisonment and penalties of $250,000 or more (49 U.S. C 5124 ). Hazardous materials include explosives, compressed gas1
flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities
(up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. F
further information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggagE
your carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.
Email generated on 06Jun/4:54 PM UTC

BCD Travel acts only as an agent for the airlines. hote ls . bus companies. railroads . tour operators. cruise lines. car rental companies.
and other similar third part ies provid ing accommodat ions , transportat ion, or other meeting and trave l related serv ices ('Suppliers'').
Suppliers are independent and do not act for or on behalf of BCD Trave l. are not employees of BC D Trave l, and do not have a j oint
venture or partnership with BCD Travel. Suppliers have their own terms and condit ions for the services they provide. and you agree
to abide by the terms and cond itions set forth in any and all documents for any such Supplier serv ices , including , without limitation , all
cancellation fees. By utilizing the services represented by this itinerary. you agree to the foregoing and also agree that neither BCD
Travel or its parent, affiliates, subsid iaries. partners. agents. and their respective officers. directors. emplo yees. and representatives
shall be or become liable fo r any loss, cost. expense, inj ury. acc ident. or damage to person or property resu lting directly or indirectly
from (i) the acts or omissions of Supp liers. including. but not limited to. delays or cancellat ion of services , cessat ion of operations ,
breakdown in machine ry or equipment. or changes in fares, itineraries . or schedu les; and/or (ii) acts of God, dangers incident to the
sea, fires . acts of government or other author ities. wa rs, acts of terrorism, civil unrest. strikes, riots. thefts, pilferage, epidem ics.
quarant ines, other diseases . climat ic aberrations. or from any other cause beyond BC D Travers control. Please see additiona l terms
and cond itions related to this itinerary atTerms and Conditions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000552
ED_ 001686C _ 00000626-00005

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000553
ED_ 001686C _ 00000626-00006

 To:
Cc:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Willis, Sharnett[Willis.Sharnett@epa.gov]
Rob Hobart
Thur 6/1/2017 11 :06:24 PM
Monsanto CEO Meeting with Administrator Pruitt - June 21st

Ryan: Monsanto CEO Hugh Grant will be in DC meeting with Congressional Members and
Secretary Perdue on June 21 st . I would love the opportunity to set Hugh up with you and
Administrator Pruitt during this visit if it works for his schedule. He is available from 11-3 :30
on the 21 st .

Please let me know if I should include others in the Administrator's scheduling operation.

Thanks for your consideration.

Rob

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000554
ED_ 001686C _ 00000627-00001

 Pruitt, Scott[Pruitt.Scott@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]
From:
Bob Perciasepe
Sent:
Thur 6/8/2017 3:27:42 PM
Subject: Thank You and an Invitation
S Pruitt C2ES BELC invitation June2017.pdf
To:
Cc:

Scott:

I enjoyed our discussion several weeks back and as promised here is an invitation to our next
Business Council meeting In July. I hope you will give it consideration. I also wanted you to
know that I have connected with Henry Darwin to tell him I am happy to help as he settles in to
his new post with your team.

Thanks for your nice note and let me know if visiting with our council will work.

Bob

C2ES
: Ex. 6 - Personal Privacy

!

i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000555
ED_ 001686C _ 00000630-00001

 CENTERFOR CLIMATE

AND ENERGYSOLUTIONS

June 8, 2017

Scott Pruitt
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Ave. NW
Washington, D.C. 20460
Dear Mr. Pruitt:
I would like to invite you to address the next meeting of the C2ES Business Environmental Leadership
Council (BELC). The event will take place here in Washington, D.C., on the afternoon of July 19 and
the morning of July 20 at Microsoft's Wffihington
offire,901 K Street, NW, 11th Floor. Distinguished
guests normally speak for 10-15 minutes, and then engage in conversation for another 15 minutes. We
would be honored if you would provide remarks on the morning ofThursday,July 20, from 10:15 to
10:45 am. If this time is not convenient for you, but you would still like to address these important
stakeholders, we will work to accommodate your schedule within the timeframe of the meeting.
The BELC is comprised of 32 mostly Fortune 500 companies, which together represent $2 trillion in
revenue and over 3 million employees. BELC membership spans a range of sectors, including electricity
(e.g. Dominion, DTE Energy, Duke Energy, Entergy, Exelon, National Grid, NRG, PG&E); oil and gas
(BP, Shell); automotive (GM, Toyota); chemicals (Dow); information and communication technology
(HP, IBM, Intel, Microsoft); diversified manufacturing (Alcoa, Arconic, GE); and financial services
(Bank of America, JP Morgan). A full member list can be found at the end of this letter. These
companies demonstrate climate leadership by managing their own greenhouse gas emissions, creating
technologies and processes that reduce emissions, and working with policy makers to develop
environmentally effective solutions that also work for business. As a condition of membership, all
BELC companies support the need for mandatory policies to reduce greenhouse gas emissions.
The BELC meets three times each year, and I know these industry representatives will greatly value the
opportunity to hear your perspectives. We anticipate around 50 will be in attendance, with the event
open only to our business council members and C2ES staff. All comments are off-the-record and the
meeting operates under the Chatham House Rule.
Past speakers have included James Connaughton, former Chairman of the White House Council on
Environmental Quality; Tom Pyle, President, American Energy Alliance; Dan Utech, former Special
Assistant to the President for Energy and Climate Change; Gina McCarthy, former EPA Administrator;
Jonathan Pershing, former U.S. Special Envoy for Climate Change, Department of State; Kevin Welsh,
former Director for Environment and Climate Change, National Security Council.
Thank you for your consideration, and I hope that you will be able to join us. If you have any questions
about logistics, please do not hesitate to have your staff contact Meg Storch, our Director of Business

.!IOI \',11.~0N llt\'I>.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000556
ED_ 001686C _ 00000631-00001

 Engagement, at storchm(alc2es.org or 703-516-0635. Either Meg or our Director of Operations, Adria
Cooper, will contact your office to follow up on this request.
Sincerely,

Bob Perciasepe
President
cc: Janet Peace
Meg Storch
Adria Cooper

BUSINESS ENVIRONMENTAL
AECOM
Alcoa
Arconic
Arizona Public Service
Bank of America
Berkshire Hathaway Energy
BHP Billiton
BP
CBRE Group
Dominion
The Dow Chemical Co.

LEADERSHIP COUNCIL MEMBERS

DTE Energy
Duke Energy
Entergy
Exelon Corporation
GE
GM
HP Inc.
LafargeHolcim
IBM
Intel
JP Morgan Chase

Lockheed Martin
Microsoft
National Grid
NRG Energy
PG&E Corporation
PSEG
Rio Tinto
Sempra Energy
Shell
Toyota

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000557
ED_ 001686C _ 00000631-00002

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Tue 6/6/2017 4:48:27 PM
Subject: Travel Itinerary for JACKSON / RYAN T

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

!
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·06101120 f -------·-·!Fco
DL r:~:~--~-~"7
~~=~----·-·-·--~
i __________
!
Q6/Q7/2Q} i PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

----L

.-·-·-·-·-·-·-·-· .

06/ I l /20 l MXP-

. ·-·-·-·-·-·1
!
!

i
i

EK l•••o•~>H>"'
"''"""'1
i--·-·-·-·-·-·-·-·i

':-,.,.,.,.,i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

Q6/ 1 l /2Ql !__

PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

__

i

Status

Depart/ Arrive

Confirmed!
Confirmed,

;Economy / Y
iEconomy I X

4

Confirme~

Class/Type

PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

i
i
i

i~Economy/ y
!
!
!

iEconomy I Y

Confirmed,
i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000558
ED_ 001686C _ 00000632-00001

 Delta Air Lines Flight!_-···-·"·"· "·"·.iEconomy
Weather

Depart:

Arrive:

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

1 hour(s) and 17 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator:: ""'
Canadair Regional Jet 900
'"
Endeavor Air Dba Delta Connection
l0D (Non smoking, Window) Confirmed
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs

Remarks:

FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.DELTA.COM
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Weather

00

""'"''""·'"·""·""·"

:

;

Delta Air Lines Flightl····...,.... · ·· !Economy
Depart:

!
i
i

!
i
i

'

'

i'

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i
i

Arrive:

Weather

i'
i
i

l.____
Fiumi cino, .Terminal 3-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-!

Weather

,_J?.ome __
JJal,y

i

e. ,, ,. ,.,,.

.. ,... ,..

, e..

!Thursday, June 8 2017

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·

Duration:
Total duration:
Status:

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator: i "'"

00 .,,.,,,,."·'"·""·""·"]

i
i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000559
ED_ 001686C _ 00000632-00002

 Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

Airbus Industrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEAT ASSIGNMENT CONFIRMED:38B
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Emirates Flight!--···""
''' · ·· iEconomy
Depart:

Malpensa, Terminal 1
Milan, Italy
L.:::: :::~:~~·-~-~,·
~:~
'.~'
.'::J Sunday, June 11 2017

Arrive:

i
i
i

i

Weather

!
!
!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i
i
i

Weather

i
!
!
!

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

Duration:
Status:

8 hour(s) and 50 minute(s) Non-stop ,·-·-·-·-·-·-·-·-·-·-·-·-·-·--Confirmed - Emirates Record Locator . i' ~"'"" " "'"""' " "''"ff 'i
j_·-·-·-·-·-·-·-·-·-·-·-·-·-·-

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

i

Meal
Airbus Industrie A380-800 Passenger
Assigned at Check-in
3982 miles/ 6407.038 kilometers
1,489.27 lbs/676.94 kgs

Jetblue Fligh:····-· .............i Economy
Weather

Depart:

Arrive:

Duration:

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Weather

1 hour(s) and 27 minute(s) Non-stop

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000560
ED_ 001686C _ 00000632-00003

 Total duration:
Status:
Equipment:
Seat:
Distance:
CO2 Emissions:

.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

Confirmed - Jetblue Record Locator:.i "'"
!i
Embraer 190
'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-!
l0C (Non smoking, Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
00

""'"''""·'"·""·""·"

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.

***********************************
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEALTH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.DRS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORT/VISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000561
ED_ 001686C _ 00000632-00004

 OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSULTANT OR THE AIRLINES WEBSITE.

**
**
DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK
06Jun/l 1:48AM

TRAVELER NOTICE-Please check with your carrier(s) for travel documents required
(Passport, VISA, etc.) and security requirements regarding permitted and prohibited articles and
goods related to your travel.

Air

Car

Hotel

Rail

Other

Refund
restrictions
before
departure

Change
restrictions
after ticketing

Ticket
information

789.60 USD

;
;
i.

Vendor

Fare
information

Air

Total:

J.e.,.
.,.,.""
,""'""""""I07 Jun USO 789.60

····-········· .!07 Jun

REFUND
CHANGE
RESTRICTIONS RESTRICTIONS
MAY APPLY
MAY APPLY

All quotes are provider quotes excluding possible taxes and charges en route.
Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the
header of this document. Please note that some local taxes and charges may be
invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on
your person. A violation can result in 5 years imprisonment and penalties of $250,000 or more
(49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000562
ED_ 001686C _ 00000632-00005

 and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are
special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles
carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items
MUST be packed in carry-on baggage. If your carry-on bag is gate checked, the spare batteries
and fuel cells must be removed and carried in the cabin.

Email generated on 06Jun/4:48 PM UTC

BCD Trave l acts only as an agent for the airlines, hotels , bus companies , railroa ds, tour
operators, cruise lines, car renta l comp anies , and other similar third parties prov iding
accommodations, transportation, or other meeting and travel related services (" Suppliers") .
Suppliers are independent and do not act for or on behalf of BCD Trave l, are not employees of
BCD Trave l, and do not have a joint venture or partnership with BCD Trave l. Suppliers have
their own terms and conditions for the serv ices they provide , and you agree to abide by the terms
and conditions set fotih in any and all documents for any such Supplier services , including ,
without limitation , all cancellation fees. By utilizing the services represented by this itinerary ,
you agree to the foregoing and also agree that neither BCD Trave l or its parent, affiliate s,
subsidiaries, patiners , agents , and their respective officers, directors , employees , and
representatives shall be or become liable for any loss , cost , expense , injury , accident, or damage
to person or property resulting direct ly or indirectly from (i) the acts or omissions of Suppliers ,
includ ing, but not limited to, delays or canc ellation of services , cessation of operations ,
breakdown in machinery or equipment , or changes in fares , itineraries , or schedu les; and/or (ii)
acts of God , clangers incid ent to the sea, fires , acts of government or other author ities, wars , acts
of terrorism , civil unrest, strikes , riots , thefts , pilferage , epidemic s, quarantines , other diseases ,
climatic aberrations , or from any other cause beyond BCD Trave l' s contro l. Please sec
additional terms and conditions related to this itinerary at Terms and Condition s.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000563
ED_ 001686C _ 00000632-00006

 To:
Hupp, Sydney[hupp.sydney@epa.gov]
Cc:
Stanko, JosephUstanko@hunton.com]; Dickerson, Aaron[dickerson.aaron@epa.gov];
Woodward, Cheryl[Woodward.Cheryl@epa.gov]; Jackson, RyanUackson.ryan@epa.gov]
From:
Reamy, Jeff
Sent:
Thur 6/1/2017 11 :02:01 PM
Subject: RE: [EXTERNAL]Re: 3 PM meeting Friday June 2nd

What time in the afternoon and I will check?
Thanks for the assistance I understand how busy you all are.

Sent with Good (www.good.com)
From: Hupp, Sydney <hupp.sydney@epa.gov>
Sent: Thursday, June 1, 2017 4:29:58 PM
To: Reamy, Jeff
Cc:Stanko, Joseph; Dickerson, Aaron; Woodward, Cheryl; Jackson, Ryan
Subject: [EXTERNAL]Re:3 PM meeting Friday June 2nd

Thank you so much for checking! Unfortunately he wouldn't be available until afternoon. Should
we try for then or look to the next time he is in town?
Thanks!
Sent from my iPhone
On Jun 1, 2017, at 2:43 PM, Reamy, Jeff <Jeffrey .M.Rcamy@p66 .com> wrote:

Monday June 5 can work for Larry if we can meet sometime between 8:30 a.m. - noon?
Please advise and again many thanks .

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Thursday, June 01, 2017 2:20 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron; Woodward, Cheryl; Jackson, Ryan; Reamy, Jeff
Subject: [EXTERNAL]Re: 3 PM meeting Friday June 2nd

Thank you so much for sending! Unfortunately due to some very last minute changes, I
don't think the Administrator will be available tomorrow afternoon. Is there any chance you
all might have some availability on Monday? I'm so so sorry for the change.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000564
ED_ 001686C _ 00000634-00001

 Thank you!
Sent from my iPhone
On May 31, 2017, at 5:38 PM, Stanko, Joseph <jstanko@hunton .com> wrote:
Sydney:

Some final details from our end.

Attendees will be:

Larry Ziemba, Executive Vice President, Refining, Phillips 66
Accompanied by
Jeff Reamy, Vice President, Federal Affairs, Phillips 66

Any day-of information can be sent to Jeff at Jeffrey.M.Reamy@p66.com or by cell,
iEx._s_-Personal Privacy i Would you let Jeff know the name/number of the contact person that
security should call once they are cleared in the North entrance?

Again, thank you very much for your assistance.

Regards,
Joe

<image00 1.j pg> Joseph Stanko

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000565
ED_ 001686C _ 00000634-00002

 p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue , NW
Washington , DC 20037
hunton.com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 5:25 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron; Woodward, Cheryl
Subject: RE: Meeting Request

Sounds good and can do! Looping in Cheryl to provide logistics!

Sydney Hupp

Executive Scheduler
Office of the Administrator

l.

Ex. 6 - Personal _Privacy _i (

C)

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Monday, May 22, 2017 5: 12 PM
To: Hupp, Sydney <hupp .sydney@epa .gov>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000566
ED_ 001686C _ 00000634-00003

 Cc: Dickerson, Aaron <dickerson .aaron@epa .gov>
Subject: RE: Meeting Request

Also, would about 45 minutes be possible? Thanks again .

<image001 .jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton .com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 4:26 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

Around 3PM would be ideal.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000567
ED_ 001686C _ 00000634-00004

 Sydney Hupp

Executive Scheduler
Office of the Administrator
1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

I Ex. 6 - Personal

Privacy

i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-~

rC)

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Monday, May 22, 2017 3:45 PM
To: Hupp, Sydney <hupp.sydney@epa.gov >
Cc: Dickerson, Aaron <dickerson .aaron@epa .gov>
Subject: RE: Meeting Request

Are there particula r time windows you need to work with on the 2nd ? Thanks .
Joe

<image001.j pg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000568
ED_ 001686C _ 00000634-00005

 From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 3:33 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

Thank you!

Sydney Hupp

Executive Scheduler
Office of the Administrator
:. Ex._6_- Personal Privacy.! (

C)

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Monday, May 22, 2017 2:02 PM
To: Hupp, Sydney <hupp.sydney@epa.gov >
Cc: Dickerson, Aaron <dickerson .aaron@epa .gov>
Subject: RE: Meeting Request

Sydney:

Thanks, I know the Administrator ' s schedule is complica ted enough, but with
international travel it's an additional degree of difficulty .

I'll vet this promptly from my end and respond back.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000569
ED_ 001686C _ 00000634-00006

 Thanks , much appreciated.

Regards ,
Joe

<image00 1.j pg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue , NW
Washington, DC 20037
hunton .com

From: Hupp, Sydney [mailto:hupp .sydney@epa .gov]
Sent: Monday, May 22, 2017 1:14 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

My sincere apologies for the delay Mr. Stanko, was trying to sort out his departure for
international travel. Do you have any availability left on the 2nd ?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000570
ED_ 001686C _ 00000634-00007

 Thank you!

Sydney Hupp

Executive Scheduler
Office of the Administrator
r•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•~

i Ex. 6 - Personal

Privacy

rC)

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'-

From: Stanko, Joseph [mailto:jsta nko@hunton .com]
Sent: Friday, May 19, 2017 1:37 PM
To: Hupp, Sydney <hupp .sydney@cpa.gQY>
Cc: Jackson, Ryan <jacks on.rvan@cpa .gov>
Subject: RE: Meeting Request

Sidney:

Would it be possible for you to let me know if the June 2nd or June 5th would work for
Administrator Pruitt? Mr. Ziemba is happy to work with other dates, but if the June 2nd
and 5th are off the table, it will be helpful to know for other scheduling needs .

Thanks for all your assistance .

Joe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000571
ED_ 001686C _ 00000634-00008

 <image00 1.jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

From: Stanko, Joseph
Sent: Monday, May 15, 2017 5:50 PM
To: 'hupp.sydney@epa.gov '
Cc: Ryan Jackson (iackson.ryan@epa.gov )
Subject: FW: Meeting Request

Dear Sydney:

I would like to request a meeting with the Administrator for Larry Ziemba, Executive
Vice President, Refining, for Phillip 66. Larry has responsibility for the company's
refining operations and serves in a leadership position with the American Fuels and
Petrochemical Manufacturers Association. He has been working with other refiners
and the Auto industry regarding the potential for higher octane fuels and other forward
looking fuels issues. A brief bio is set forth below.

Larry is currently scheduled to be in D.C. on Friday June 2nd and Monday June 5th . If
those days would not work with the Administrator's schedule, he is happy to work

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000572
ED_ 001686C _ 00000634-00009

 with other days that would be more convenient for Administrator Pruitt.

Lawrence (Larry) M. Ziemba is execut ive vice president , Refining, for Phillips 66 , a diversified energy
manufactur ing and logist ics company . He has 35 years of exper ience in the oil and gas industry . Before
jo ining Phillips 66 in May 2012 , Ziemba previous ly worked for ConocoPh illips as president, Global
Refining, a role he took on after serv ing as president, U.S. Refining, since 2003 . He first joined Phillips
Petroleum in 2001 after its acqu isition of Tosco and was in charge of handling the integration of the
refining operat ions during the merger w ith Conoco . Originally from Chicago, he started his career at
Unocal's Chicago refinery in 1977. In 1988, he moved to Unocal's Los Ange les corporate headquarters
as manager of plann ing/bus iness deve lopment for its downstream business . In 1991, he managed the
acqu isition of Shell's Carson refinery and subsequent ly integrated the asset into Los Ange les operat ions .
In 1997, Ziemba jo ined Tosco as they acqu ired Unocal's downstream business . In 1999, he was named
vice president of Tosca's three San Francisco area refineries . In 2000, he was assigned to handle the
acqu isition and takeover of the Wood River refinery . He has held a number of industry and commun ity
leadersh ip positions including board positions w ith Amer ican Fuels and Petrochem ica l Manufacture rs
Assoc iat ion, WRB Refining LP and the Western States Petroleum Assoc iation . Ziemba earned a
bache lor's degree in mechan ical engineering from the Unive rsity of Illinois-Champa ign in 1977 and a
Master of Business Adm inistrat ion degree from the University of Chicago in 1985.

Thank you for your consideration,

Joe Stanko

<image001.jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue , NW
Washington, DC 20037
hunton.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000573
ED_ 001686C _ 00000634-00010

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000574
ED_001686C_00000634-00011

 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Toast to Congress 2017
Tue 6/6/2017 4:35:55 PM
You're invited! WSWA's Toast to Congress

Reminder: You're invited to WSW A's Toast to Congress
*This invitation is non-transferable*

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000575
ED_ 001686C _ 00000638-00001

 This event is organized in compliance with House and Senate Ethics Rules.

© 2017 Event Farm, Inc.,
2448 Main Street, Santa Monica , California , 90405
All rights reserved
This email was sent to jackson.ryan@epa.gov
Unsubscribe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000576
ED_ 001686C _ 00000638-00002

 Jackson, RyanUackson.ryan@epa.gov]
Brook Simmons
Sent:
Thur 6/8/2017 3:15:19 PM
Subject: Ryan, here's a 1-minute update on industry discussions re: Uintah and Ouray Reservation
permitting issues ...
To:

From:

Industry met with EPA Region 8 representatives last week. Here are three key takeaways:

•
EPA started the meeting very steadfast in promoting the previously retracted existing
source rule. That position softened over the course of our discussions. In place of the prior rule
drafted by EPA, Newfield Exploration advocated that EPA publish an advanced notice of
proposed rulemaking to start a more transparent process for the development of a reservationspecific permit rule that would also address existing source controls. By the conclusion of the
meeting R8 agreed to start the process with an ANOPR.

•
Industry agreed to work hand in hand with EPA to update the emission inventory for the
Uintah and Ouray Reservation and document the emission reductions that have occurred since
2014. This inventory would be the baseline for the analysis of potential existing source controls
for inclusion in the reservation specific permit rule.

•
Carl Daly, Director of Air Programs for R8, was helpful in finding compromise and
appeared to be influential in guiding R8 leadership towards a solution.

We will keep you up to speed and will reach out if we believe a face-to-face meeting with you
and/or other key EPA-DC or EOP personnel is appropriate. Several operators and the Ute Tribe
remain interested in resolving this issue in a manner consistent with Administration priorities.

Government Affairs Manager
Main: 281-210-5100
Office: 281-210-5359

Cell:!i Ex. 6 - Personal Privacy

]
i

i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000577
ED_ 001686C _ 00000640-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000578
ED_ 001686C _ 00000640-00002

 [________________________________________________
Ex._6.-.M ..Catanzaro,_EO P-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
i Dravis,
Samantha[dravis.samantha@epa.gov]; Jackson, RyanUackson.ryan@epa.gov]
Cc:
Strayer, Marjorie[mstrayer@livingstongroupdc.com]; Martin,
Allen[amartin@livingstongroupdc.com]; Livingston, Robert[rlivingston@livingstongroupdc.com];
JaneUgraham@livingstongroupdc.com]
From:
Livingston, Robert
Sent:
Tue 6/6/2017 3:15:17 PM
Subject: FW: Hicksville, NY Environmental Settlement
To:

Graham,

Dear Friends,

The Hicksville, NY, environmental dilemma continues without resolution. We are hopeful
that a brief meeting with EPA Administrator Pruitt will put the matter to rest, but if it is to
be done in this fiscal year, we would very much like to have the meeting in the next few
weeks. Your assistance in making the meeting happen will be greatly appreciated.

Sincerely,

Bob Livingston
The Livingston Group
202 289 9881

**********************************

From: Livingston, Robert
Sent: Wednesday, May 03, 2017 1:43 PM
To: azoolin.liel@epa.gov
Cc: Strayer, Marjorie; Graham, Jane
Subject: Appointment Request

E. Scott Pruitt

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000579
ED_ 001686C _ 00000643-00001

 Administrator
U.S. Environmental Protection Agency
Scheduler is Liel Azoolin
202-564- 7332

Dear Administrator Pruitt,

The former Sylvania Corning Plant in Hicksville, NY provided nuclear fuel elements for
the nation's weapons reactors during the Cold War from 1952-65. The Atomic Energy
Commission (AEC) paid for the decontamination and decommissioning of the site in 1966,
pronounced it fit for "normal use," and later certified that it represented "no hazard to
health and safety."

However, after a series of investigations by the Nuclear Regulatory Commission, at the
request of the New York Department of Environmental Conservation, it was found that the
site has "radiological contamination above applicable limits" in 1996.

Through a series of mergers and sales, this property is now the responsibility of Verizon.
We have worked with the Department of Energy, Congress, and the Army Corps of
Engineers beginning in 2003 to first get this property listed as part of the Formerly Utilized
Site Remedial Action Program (it is) and to have the Corps follow that process to clean the
site (13 years later it is still not remediated).

Verizon has been trying to work out a deal with the Corps whereby Verizon will provide
substantial funds to expedite the remediation. All that Verizon asks in return is that ACE
complete the remediation without any further financial or active involvement by Verizon.
Towards this end, Verizon made a comprehensive proposal to DOJ, USA CE and EPA last
Fall but have been unable to get a response due to EPA's failure to meet. We believe that
the USACE and the Justice Department are happy with the proposal, but that the EPA
staff may be blocking the deal.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000580
ED_ 001686C _ 00000643-00002

 We would very much like to have a face to face meeting with you at your convenience. We
will have a ranking officer of Verizon with us and we hope that we might successfully reach
a conclusion that would benefit both Verizon and the US taxpayer.

Thank you in advance for your consideration.

Sincerely,

Bob Livingston
The Livingston Group
202 289 9881

*****************************

From: Livingston, Robert
Sent: Wednesday, May 3, 2017 10:32 AM
To: [___________________
Ex ..6 - .Personal. Privacy ·-·-·-·-·-·-·-·-·-]
Cc: Strayer, Marjorie <mstrayer@ livingstongroupdc .com>; Martin, Allen
<amartin@ livingstongroupdc .com>; Livingston, Robert <rlivingston@ livingstongroupdc .com>
Subject: FW: Hicksville, NY Environmental Settlement

Dear Mike,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000581
ED_ 001686C _ 00000643-00003

 Thank you again for your consideration in March of our methanol project in Lake Charles,
La. We remain hopeful.

Today, I write of another project. The former Sylvania Corning Plant in Hicksville, NY
provided nuclear fuel elements for the nation's weapons reactors during the Cold War
from 1952-65. The Atomic Energy Commission (AEC) paid for the decontamination and
decommissioning of the site in 1966, pronounced it fit for "normal use," and later certified
that it represented "no hazard to health and safety."

However, after a series of investigations by the Nuclear Regulatory Commission, at the
request of the New York Department of Environmental Conservation, it was found that the
site has "radiological contamination above applicable limits" in 1996.

Through a series of mergers and sales, this property is now the responsibility of Verizon.
We have worked with the Department of Energy, Congress, and the Army Corps of
Engineers beginning in 2003 to first get this property listed as part of the Formerly Utilized
Site Remedial Action Program (it is) and to have the Corps follow that process to clean the
site (13 years later it is still not remediated).

Verizon has been trying to work out a deal with the Corps whereby Verizon will provide
substantial funds to expedite the remediation. All that Verizon asks in return is that ACE
complete the remediation without any further financial or active involvement by Verizon.
Towards this end, Verizon made a comprehensive proposal to DOJ, USA CE and EPA last
Fall but have been unable to get a response due to EPA's failure to meet. We believe that
the USACE and the Justice Department are happy with the proposal, but that the EPA
staffers may be blocking the deal.

We would very much like to have a face to face meeting with Administrator of EPA Pruitt,
and we would deeply appreciate your efforts to help this meeting take place. We will have
a ranking officer of Verizon with us, and we hope that we might successfully reach a
conclusion that would benefit both Verizon and the US taxpayer.

Thank you in advance for your consideration.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000582
ED_ 001686C _ 00000643-00004

 Sincerely,

Bob Livingston
The Livingston Group
202 289 9881

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000583
ED_ 001686C _ 00000643-00005

 Jackson, RyanUackson.ryan@epa.gov]
Dimitri.Karakitsos@hklaw.com
Sent:
Mon 6/5/2017 2:21 :42 PM
Subject: FW: Mark Vergnano Letters to President Trump and EPA Administrator Scott Pruitt
MPV Letter to President Trump (June 1, 2017).pdf
MPV Letter to Pruitt EPA (May 31. 2017).pdf
To:

From:

Dimitrios Karakitsos I Holland & Knight

Partner
Holland & Knight LLP
800 17th Street N.W., Suite 1100 I Washington, DC 20006
Phone 202.469.5132 I Fax 202.955.5564
dimitri.karakitsos@hklaw.com Iwww.hklaw.com
Add to address book

VleYv professional b102:raphv

From: Karakitsos, Dimitrios J (WAS - X75132)
Sent: Friday, June 02, 2017 10:19 AM
To: jackson.ryan@epa.gov
Subject: Mark Vergnano Letters to President Trump and EPA Administrator Scott Pruitt

Ryan,

Wanted to make sure you had copies of both these letters .
Happy Friday!

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of the
individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender
immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an
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statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you
properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in
confidence in order to preserve the attorney-client or work product privilege that may be available to protect
confidentiality.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000584
ED_ 001686C _ 00000645-00001

 Mark P.Vergnano
Pres.ident

Chief Executive Officer
The Chemours Company

1007 Market Street
Wilmington , DE 19899

Ju11e1, 2017

The Honorable Donald J. Trump
Ptesident of the United States
The White House
lt,00 Pennsylvania Ave. , N.W.
Washington, D.C. 20500
Dear President Trump:
Headquartered in Wilmington , Delaware with revenues of $6 billion, Chemours is a global
leader in titanium technologies, fluoroproducts and chemical solutions, providing our
customers with solutions in a wide range of industries with market-defining products ,
application expertise and chemistry-based irmovations. Our ingredJents are found in plastics
and coatings , refrigeration and air conditioning, mining and oil refining operations and
general ihdustrial ma11ufacturing. We have approximately7,000 employees, 5,000 located in
the United States, and 26 manufacturing sites serving Elpproxirnately4,000 customers in
North America , Latin America, Asia-Pacific and Europe.
As a leading U.S.-based chemical company , we are committedto putting American
innovation to work to create global , market-leading product opportunities, and, in the process,
support new manufacturing investments and new jobs in the United.States. Our belief in the
importance of U.S . investment and job creation is backed up by our actions, as Chemours has
expansions underway to several of our U.S. manufacturing facilities, including a notable $300
million new refrigerant facility at our Corpus Christi, Texas location thatwill result in the
creation ofmorethan 350 new direct and indirect jobs. This investment will create the largest
production facility in the world for low global warming potential (GWP) HFOrefrigerants.
U.S.-basedtechnology and U.S.-based production will serve the global needs forthis
important product.
Critical to the success of our Texas facility; indeed, critical to any American manufacturing
i11vest111entisregulatory and policy consistency. On this front,_we are pleased with .your
selection of Scott Pruitt to lead the U.S. Environmental Protection Agency (EPA}.
We recently had the opportunity to meet with Administrator Pruitt in Washington, D.C.,. to
discuss our company , our products and our U.S . investments, including our Corpus Christi ,
TX plant expansion. We came away from the meeting impressed with Administrator Pruitt's
demeanor , intellect and vision for EPA.

AMERICAN

-

• •'••··~"'

OVERSIGHT

EPA-17-0193 and EPA-17-0194-A-000585

-

American Oversight v . EPA (18-cv-00364)

ED_001686C _ 00000646-00001

 The Honorable Donald J. Trump
June 1, 2017
Page2

Administrator Pruitt 's common sense approach to streamlining implementation of key changes
tothe Toxic Substa nces Control Act, as required bythe 20 16 LautenbergChemical Safety
Act, in order forthe EPA to more efficiently approve new chemicals into the market place, is
important for the U.S. chemical industry and Chemours. And, EPA's thnely approval of new
chemicals is, quite simply, essential to the success of our Texas plant expansion and the new
jobs it will create.
Following our meeting with Ad111inistratorPruitt, we sawimmediate action from EPA to
address the challenges and delays with new chemical product approvals that existed when he
took office. We appreciate Ad1nirustrator PruitCs leadership and decisive action on this
important matter.
We believe Administrator Pruittcan be a newtype ofleader at EPA; namely, a professional
who understands that the agency can deliver on its core mission of protecting human health
and the environment and at the same time, promote U.S. investment and job creation via
respon sible and consistent environmental poli cies and regulations. Chen1ours belie ve.JS
the
EPA can and should do both, and we welcome the opportunities that such a rational approach
will create for the U.S. economy .

Mark P. Vergnano

cc:

Administrator Scott Pruitt, U.S. Environmental Protection Agency

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000586
ED_ oo1686C_ 00000646-00002

 Mark P. \lergnano
President
Chief Executi ve Offi cer

The Chemot.irs ·Comp any
100 7 Market Street
Wifmington, DE 1989 .9

May 30, 2017

The Honorable Scott Pruitt
Administrator
United States Environmental Protection Agency
1200 Pennsylvania Ave. , N.W.
Washington , D.C. 20460
Dear Administrator Pn1itt:
Iwtite to thank you for our recent meeting in Washington, D.C.
We appreciated the Qppo1tunityto hear you describe your vision for leading the Envfronme11tal
Protection Agency. As we discussed during the meeting, youtepresent a new type of leader at
EPA; namely , a professional who understands that the agency can deliver on its core mission of
protecting human health andthe environment and, at the same ·time,promote U.S . investment
and job creation via responsible and consistent envir9n111entalpolicies and regulations.
Chemours believes the EPA can do both ; indeed, we believe the agency should do both , and we
welcome the opportunities that such a rational approach will create for the U.S. economy.
We also appreciated the chance to provide you with more information about Chemours. With
approximately 7,000 employees, (5,000 of whom are located in the United States) and26
manufacturing sites, which serve approximately4,000 customers inNorth America .Latin
America, Asia-Pacific and Europe, we are committed to putting American innovation to work to
create global, market-leading product opportunities , and, in the process, support new
manufact uring investments and new jobs in the United States .
Please know th£ltour discussions with you about how your staff is going about the pi:oc.essof
implementing key changes to the Toxic Substances Control Act , required by the 2016
Lautenberg Chemical Safety Act , produced immediate and substantive results , Since our
meeting , significant progress hasbeen made to address our concerns about EPA's
implementation of the changes to Section 5 - the new chemicals program - and we believe the
backlog for new prodt1ctapprovals that existed when you took office is on the way to being
addressed. We appreciate your leadership on this important issue.
Directly related to one of the many market sectors we are involved in, we also shared with you
tl:1atwe have previou.sly invested hundreds of millions of dollars in the development of new
generation refrigerants, such as hydrofluoroolefins (HFOs). These refrigerant s provide
automobile manufacturers with a low-cost alternative to meeting light-duty vehicle standards that
are already being implemented in the United States. Importantly , Chemours is also making
investments that will create additional American manufacturing and commercial job s.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000587
ED_ 001686C _ 00000647-00001

 The Honorable Scott Pruitt
May 30, 2017
Page2

Of note, you will recall we talked about an ongoing $300 million manufacturing investment that
will _resultin the construction of a new HFO production facility at our Corpus Christi plant site in
Ingleside, TX.
Please consider this letter a personalinvitation for Chemours to host you and your senior staff
this fall at the Corpus Christi plant. We wou ld value the opportunity to provide you and your
invitees with a tour of the facility, including the new expansion project, and to talk in more detail
about our new products and the global markets that will be served from thi s plant.
We also would value the opportunity to continue dialogue with you about how your leadership at
EPA can pave the way for new investment and job creation by the entire U.S. chemical industry.
We trust you willfavorably view this invitation to tour our Corpus Christi pl ant later this year,
and we will follow up directly with your senior staff to select a date for same.

Mark P. Vergnano

cc:

Mr. Ryan Jackson
Mr. Greg Smith

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000588
ED_ oo1686C _ 0000064 7-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Nextgov
Thur 6/8/2017 3:00:16 PM
Veterans Affairs to Adopt Same Commercial Health Records Platform as DOD
Is this email not d1splaymg correctly? View it in your browser

Government technology news unfolds
quickly. Stay in the know.
Dear Ryan,
As an individual who works in government technology, we'd like to tell you more about our public
sector technology publication, Nextgov. Nextgov is the leading federal technology website, and a
meeting place for government and industry managers to read the latest news and discussions and
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000589
ED_001686C_ 00000648-00001

 now

•

•

Veterans Affairs to Ad op t Same Comme rcia l Health Records Platform as DOD I In a press
release, Shulkin said he took the highly unusual step of signing a "determination of findings" in
order to issue a solicitation directly to Cerner Corp., which-together with Leidos in a $4 billion
contract-is developing DOD's MHS Genesis platform.
Optimizing the Data Center: How federal agencies sque eze savings from s ma rt
conso lidation I In this eBook, Nextgov looks at the government's progress in closing and
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You are receiving this email because you are on a public registry of federal government leaders. If you believe this has been sent to
you in error, please safely unsubscr ibe.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000590

ED_001686C_00000648-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Chris Hessler
Thur 6/1/2017 10:37:39 PM
Fwd: Sicily. Nee Bologna

Strike "Sicily".
Insert "Bologna".

Begin forwarded message:

From: <CHessler@ajw-inc .com>
Date: June 1, 2017 at 6:33:02 PM EDT
To: Ryan Jackson <jackson .ryan@epa .gov>
Subject: Sicily.

Ryan,
Debating going to Sicily.
A) when are you gonna be there?
B) do you expect to have any evenings free - or you on duty the whole time?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000591
ED_ 001686C _ 00000649-00001

 To:
Jackson, RyanUackson.ryan@epa.gov]
Cc:
<:?._l:!.Q_9.§_e..K
9r9J __1y1_a..1J.9.YJ~.l}.D_8-~.~!<_a._r_a._,_M
9_Qdy@epa.gov]; Catanzaro, Michael J.
EOP/WHOl.___________
Ex._6_-_Personal_
Privacy ·-·-·-·-·-·-:Schwab,
Justin[schwab.justin@epa.gov];
Sydney[hupp.sydney@epa.gov]
From:
Morgan, Curt
Sent:
Wed 6/14/2017 9:22:00 PM
Subject: Re: Roundtable June 19

Hupp,

Ryan - I thought I had responded to you earlier but cannot find my reply email. I would like to
represent Vistra at the round table with Administrator Pruitt next week. Please confirm the
acceptance of my attendance. Best regards, Curt Morgan
Sent from my iPhone
On Jun 4, 2017, at 1:19 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:

All --

Thank you for your interest, participation, and your help in coordinating your trade
association members' participation in the round table with US EPA Administrator Scott
Prnitt to discuss a regulatory path forward for the utility sector. Having an open and robust
dialogue with the regulated community is a foundational component of setting meaningful
and balanced environmental standards. We look forward to learning more about your
perspective as the utility sector not only powers our economic growth, but is also at the
forefront of developing a more efficient and cleaner energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green
Room in the Administrator's Suite. We will follow up with an official agenda in the
coming days. We have received a number ofRSVP's and appreciate that. Please confirm
your attendance or the attendance of your trade association members by June 12. Should
you have any questions, please email or call atL_Ex._6
- Personal Privacy.!

Sincerely,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000592
ED_ 001686C _ 00000650-00001

 Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
[_Ex.

s_- Personal

Privacy_

!

Confidentiality Notice: This email message, including any attachments, contains or may contain
confidential information intended only for the addressee. If you are not an intended recipient of
this message, be advised that any reading, dissemination, forwarding, printing, copying or other
use of this message or its attachments is strictly prohibited. If you have received this message in
error, please notify the sender immediately by reply message and delete this email message and
any attachments from your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000593
ED_ 001686C _ 00000650-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
David Schnare
Wed 6/7/2017 3:10:09 PM
CO2 science?

Ryan:
Is the following new report true?

Appearing on conservative Breitbart radio on Monday, the EPA chief seemed to agree with host
Joel Pollak's assertion that carbon dioxide isn't a pollutant that should be regulated by Pruitt's
agency. He also brought up the notion of a federal science review, called "red teams," a concept
that is supported by climate skeptics seeking to introduce more doubt around the science and is
used for military maneuvers at the Department of Defense.
Pruitt said the country needs a "true, legitimate, peer-reviewed, objective, transparent discussion
about CO2."
"The American people need to have that type of honest, open discussion, and it's something we
hope to provide as part of our leadership," he said.

If so, would you consider asking me to participate in that effort?
David.

David W. Schnare, Esq. Ph.D.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000594
ED_ 001686C _ 00000654-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Records Management Training Workshop June 20 2017
Thur 6/8/2017 2:36:20 PM
[SPAM] Early Bird Ends June 10th - Meeting the Gov Records Mgmt Mandates

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

Potomac Forum, Ltd

for Informat ion and Registration:
www .PotomacForum.org
The Leader in Government Training Since 1982

Keynote Speakers:
Don Rosen
Director of Records Management Oversight and Reporting
National Archives and Records Administration (NARA)
and
Arian Ravanbakhsh

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000595
ED_ 001686C _ 00000665-00001

 Additional

Government Speakers
Matthew Olsen
Acting Chief Privacy and Data Sharing Officer
Acting Executive Director
Office of Privacy & Information Management (PIM)
U.S. Department of Health and Human Services
Mark Patrick
Chief, Information Management Division
The Joint Staff Secretariat
Department of Defense

Additional

Government

Speakers

to be Announced

Soon

Potomac Forum Workshops are Not Conferences
We are 100% Educational Events
Organizational Cosponso rs:

AIIM
National Capital Chapter
www.nccaiim.org

ARMA International
Metro Maryland

Chapter

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000596
ED_ 001686C _ 00000665-00002

 www .a rma-metromd

.org

Government and Industry Partners are Invited to Register

Goals of this workshop

are:

• Focus on email retention regulation and policy and email
best practices
• Provide attendees with a clear idea of the changes
envisioned in the Directive,
• Strategies to obtain funding for solutions
• Help understand the role of the Senior Agency Official {SAO)
in setting agency priorities and achieving program success
• Describe the developing roadmap that will lead to realizing
these changes, and
• Describe the steps individual records managers can do now
to align their work with the records management
future the
Directive envisions.
• Specific Agency Actions to be Completed in response to the
Directive by 2019
• Establishing a community
of interest for Records
Management
• Current email policy and regulations
• Tips for planning for the Directive's
2019 Deadline
Overview:
With the recent headlines regarding government
email retention
and e-discovery,
it is important
to understand
how the
NARA/OMB regulations
and deadlines will impact your agency.
This one-day Potomac Forum Workshop will focus on the
activities mandated by the NARA/OMB Records Management
Directive. Key executives from NARA and government
agencies
will discuss the directive and its implementation.
Detailed
review and analysis of the directive will be presented to help
agencies better understand what they need to do, how to do it,
and how to get the funding necessary to be successful. The
recent Agency Submissions to NARA are discussed along with
scores and suggestions for improving Agency Scores.
What You Will Learn:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000597
ED_ 001686C _ 00000665-00003

 • What happens now that the 2016 deadline has passed
• What needs to be done to comply with the provisions of 0MB M-1218
• How the relationship between NARA and Federal agencies have and
will change
• How the role of technology will evolve in the achievement of 0MB
M-12-18's goals
• What this initiative will mean for Federal records management in
the short and long term
• What the components of a sustainable Records Management
program will be in this new environment
• A better idea of the commitment of time and resources needed to
comply with the Directive
• How the Senior Agency Officials can and are making a difference in
improving the management of government records
• NARA Requirements for managing email - lessons learned from
recent IRS news event - Complying with the Law - the Federal
Records Act and what it means for email and other records losses
• The November 2014 Records Management Legislation and what it
means to Agencies and Records Managers
• and more ...
Why You Should Attend:
• To gain a clear understanding of 0MB M-12-18
• To assist you in getting the best start on the many changes 0MB M12-18 will bring to your agency
• To learn key funding strategies to help your agency implement
solutions to meet its objectives
• Hear from other government officials about the practical aspects of
complying with the Directive
• Ensure success of your Records Management Program as you
implement the Directive
• Lessons Learned since the publ ication of the Directive
• Understand the NARA requirements for email management avoiding embarrassing non-conformance
• Understand email retention regulation, policy, and legislation.
Who Should Attend:
• CIO's and the Staff including technical staff involved with Records
Management
• Senior Agency Officials (SAO's) charged with responsibility for the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000598
ED_ 001686C _ 00000665-00004

 1mp1ementat1on ot solutions tor tne1r agency
• IGs and Staff
• Government Records Managers
• All those with responsibility for initiat ing and carrying out the
reforms mentioned in the President's Records Management
Directive
• Professionals responsible for managing information resources on an
enterprise-wide basis
• Those needing to understand latest NARA policy and guidance
• Contracting, Procurement and Acquisition Management
Professionals
• Program Managers Who Must Understand Records Management in
Government
• Government executives who want to understand email retention
and records management regulation, policy, and legislation.
• Industry Partners
Format:

This workshop will combine keynote presentations by NARA, lectures on
implementing the Directive, real world examples and discussions to
provide a thorough, enjoyable day of learning.

Workshops are NOT Sponsored by Advertisers or Paid
Sponsors
Workshops Present What You Need to Perform Your Job
- NOT What Sponsors or Advertisers Want You to Hear
"Early Bird" Reduced Registration Until June 10th
also
"Send a Team" Rates
The Previous Thirteen Potomac Forum Records Management Workshops
on Email, Records Management and the OMB/NARA Directive were
Rated as "Excellent" by Workshop Attendees
CEU Credits Awarded

Representative Student Testimonials from Previous Potomac
Forum Managing Government Records Directive from 0MB and NARA
Workshops

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000599
ED_ 001686C _ 00000665-00005

 It was informative and what I have learned can be
taken back and applied to my office .
Records Management Specialist
Civilian Department
Excellent - I got a number of good ideas and suggestions .
Well worth the investment.
Regulation Council
Civilian Administration
One of the best trainings I have been to.
Records Manager
Navy Center
Very well done
Deputy Commissioner for Legislative and Congressional Affairs
Civilian Agency
The overall workshop was great . I learned a lot of valuable information on to help me
in my current position and provide additional guidance for my organization
Records Management Officer and Team Lead
DOT Agency
... for anyone who needs to follow the directive for records managemen t
Adm in Specialist
Civilian Commission
Outstanding!
Management and Program Analyst
DOT Agency
Very Well organized. Job well done!
DoD IG Specialist
Great!
Assistant Records Manager
Small Agency Commission

Workshop for Government

and Industry

Partners

"Early Bird" Reduced Registration Until June 10th
Learn Together Team Rates:
Reduced Registration Rate for Teams

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613

info@PotomacForum.org
Sponsored by:

Potomac Forum , Ltd.
Founded in 1982 as a non-profit educational organization

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000600
ED_ 001686C _ 00000665-00006

 Potomac Forum, Ltd is Proud to be:
Corporate Partner of
The Association of Government Accountants
Sustaining Partner
Association for Federal Information Resources Management
AFFIRM
Potomac Forum Direct Phone: (703) 683-1613
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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000601
ED_ 001686C _ 00000665-00007

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Workforce Requirements for Exec Order Workshop
Tue 6/6/2017 2:32:37 PM
[SPAM] Learn from 10 Gov Leaders: Workshop to Implement EO Workforce Requirements

Workforce Requirements
of the President's
Executive Order 13781
Training Workshop
June 28, 2017

Confirmed Speakers
Terry Gerton
President & CEO
National Academy of
Public Administration
(NAPA)

--Bob Corsi
Secretary of Board of
Directors
Senior Executives
Association (SEA)
Former Assistant Deputy
Chief of Staff for
Manpower, Personnel and
Services
Headquarters, U.S. Air
Force

--Rebecca Ayers
Performance Management
Solutions, OPM

--Tom Gilbert
Assistant Director of
Strategic Issues, GAO

--Deb Tomchek
Former Director of Human
Resources (HR)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000602
ED_ 001686C _ 00000668-00001

 Jim Read
Director, Policy and
Evaluation
Merit Systems Protection
Board
Jeffrey Neal
Senior Vice President, ICF
Former CHCO at DLA and
DHS
Lou Kerestesy
Founder & CEO
Govlnnovators
Mika Cross
Federal Workplace Expert

Your Government
Executives,
Managers and Staff
Who Play a Part in Meeting the
Workforce
Requirements
of the
President's
Executive Order

Potomac Forum Training Workshop
The President's Executive Order:

How to Meet the Workforce
Requirements of the
President's Executive Order
13781
Training Workshop
What Federal Executives, Managers,
and Supervisors Need to Know
to Support the Goals of the Executive
Order for
Reforming the Federal Government
and
Reducing the Federal Civilian
Workforce

Date: Thursday, June 28,
2017
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000603
ED_ 001686C _ 00000668-00002

 Location of Workshop:
Willard Intercontinental Hotel
Washington, D.C.
Potomac Forum Training Workshops
are 100% Educational
and NOT Sales or Marketing Events
The Press is Not Permitted to
Encourage
Candid Discussion in our 100%
Learning Environment

Overview:
The president issued an executive order (EO) on March 13, 2017 which
requires agencies to plan and implement long-term workforce reductions
and incorporate the plan as a government-wide workforce priority into
their Agency Strategic Plan and/or Human Capital Operating Plan.
This Potomac Forum training workshop for government will provide
information for agency executives, managers, and staff to respond to the
EO.
Experienced human capital executives and experts will share their insight
and experience in developing and implementing long-term and near-term
workforce management practices that will help attendees understand how
best to improve performance, increase accountability, and reduce costs.
This workshop will provide you with practical, easy-to-implement tools and
resources to help you achieve the best results through your agency's
efforts to restructure, reshape and eliminate inefficient functions to
achieve the goals of EO 13781 while enhancing employee performance to
increase mission efficacy and increase retention.

What You Will Learn:

• A framework to plan for reorganization and functional
consolidation
• Avoiding common pitfalls to managing performance and

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000604
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 conduct 1n the modern workplace
• Where to find practical support mechanisms,
resources and
help for managers and supervisors
• How to prepare the workforce for activities in cost cutting,
reshaping, reducing, and reorganization
• Managing change through effective internal and external
communications
• Driving positive outcomes by leveraging the Federal
Employee Viewpoint Survey Results into actionable steps
that help cultivate an inclusive culture designed to retain
top talent and optimize employee potential
Why You Should Attend:

• Learn proven management
strategies to demonstrate
return on investment,
cost savings, and enhanced
management
efficiencies from developing an effective longterm workforce
reduction plan
• Understand how to leverage alternative
service delivery
models and streamline
mission support functions to
provide greater efficiency while improving quality
• Maximize employee performance
by focusing on concrete
steps to increase performance
and effectively
deal with
poor performers
• Optimize employee recognition
programs designed to
recognize, reward and retain top performers
• Build your toolkit for cultivating
a culture of engagement
and accountability
designed to achieve enhanced
organizational
and individual performance
Who Should Attend:

• Federal supervisors
and managers
• Federal HR practitioners
and anyone responsible for
implementing
agency restructuring
plans
• Inspector Generals and Staff
• Federal employees or members of employee affinity groups
• Communications
practitioners
responsible for leading
change management
and internal communications
campaigns
Format:
Lecture,

guest speakers,

and practical

exercises.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000605
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 CEUs Awarded

Upon Workshop

Press is NOT Invited

Completion

to Register

"Send-A-Team" Registration

or Attend

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of

The Association

of Government Accountants

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While this Workshop may not be of interest to you, other Potomac
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

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 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Steckelberg, Kathy
Wed 6/7/2017 2:16:48 PM
RE: Thank you

I know . You're short-staffed enough as it is! ©

Kathy Steckelberg
Vice President, Government Rela tions
Edison Electric Institute
70 1 Pennsylvania Avenue , N .W .
Washi ngton, D .C. 20004 -2696
202-508-5478
202-508-5403 (fax)
1.Ex. 6 - Personal Privacy .K
cell)
www .ee1.org

Follow EEi on Twitter, Facebook, and Y ouTube .

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, June 07, 2017 10:14 AM
To: Steckelberg, Kathy
Subject: RE: Thank you

This email originated from an external sender. Use caution before clicking links or opening attachments. For more information, visit
The Grid . Questions? Please contact ITSupport@eei.org or ext. 5100.

Of course. And I was kidding.

From: Steckelberg, Kathy [mailto:KSteckelberg@eei .org]
Sent: Wednesday, June 7, 2017 10:13 AM
To: Jackson, Ryan <jackson .ryan@epa .gov>

AMERICAN

OVERSIGHT
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 Subject: RE: Thank you

I think it was a case of our member company staffer being relatively new to DC and totally
misunderstanding a conversa tion, since the entire thing sounded totally ludicrous to me. That
happens all too often here .

Kathy Steckelberg
Vice President, Government Relations
Edison Electric Institute
701 Pennsylvania Avenue , N .W.
Washington, D.C. 20004-2696
202-508-5478
202-508-5403 (fax)
L:~---~-~-~-~~~-~~~!-~~i~~~-j (cell)
WWW .CCl . org

Follow EEi on Twitter, Faccbook, and Y ouTubc .

From: Jackson, Ryan [mailto:iackson.ryan@epa.gov ]
Sent: Wednesday, June 07, 2017 10:10 AM
To: Steckelberg, Kathy
Subject: RE: Thank you

This email originated from an external sender. Use caution before clicking links or opening attachments. For more information, visit
The Grid . Questions? Please contact ITSupport@eei.org or ext. 5100.

That EPA staffer will be fired this morning.

From: Steckelberg, Kathy [mailto:KStcckeiberg@eei .org]
Sent: Wednesday, June 7, 2017 10:09 AM
To: Jackson, Ryan <jackson .ryan@epa .gov>

AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000608
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 Subject: Thank you

I thought that was a silly rumor, but one of our member company people insisted she had heard it
directly from an EPA staffer. So, I needed to run it to ground. Clearly a misunderstanding.

Kathy Steckelberg
Vice President, Government Relations
Edison Electric Institute
701 Pennsylvania Avenue, N.W.
Washington, D.C. 20004-2696
202-508-5478
______
202-508-5403_.(fax)
L:~:_s
__
·-~~r:~~~-~-~-~i-~~:Y_.!(
cell)
www .ee1.org

Follow EEi on Twitter , Facebook , and Y ouTube .

AMERICAN

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 To:

From:
Sent:
Subject:

Myron Ebell[Myron.Ebell@cei.org]
Myron Ebell
Thur 6/1/2017 9:36:53 PM
FW: Statement by President Trump on the Paris Climate Accord

Paris Climate Cup

Final/ OT

Swamp

O

Deplorables

1

In response to numerous requests, please see below. Thanks again for all you can do to flood
the zone with public support for this pullout today ....

Paul Teller

Special Assistant to the President for Legislative Affairs

The White House

From: White House Press Office ~==..!...!!..O.===--'-.!..:::.!...=.i..=.!..!..!..:===.!.!..!...!====
J
Sent: Thursday, June 1, 2017 5:11 PM
To: Teller, Paul S. EOP/WHO
Subject: Statement by President Trump on the Paris Climate Accord

THE WHITE HOUSE

Office of the Press Secretary

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 For Immediate Release

June 1, 2017

STATEMENT BY PRESIDENT TRUMP
ON THE PARIS CLIMATE ACCORD

Rose Garden

3:32 P.M. EDT

THE PRESIDENT: Thank you very much. (Applause.) Thank you. I would like to begin by
addressing the terrorist attack in Manila. We're closely monitoring the situation, and I will
continue to give updates if anything happens during this period of time. But it is really very sad
as to what's going on throughout the world with terror. Our thoughts and our prayers are with all
of those affected.

Before we discuss the Paris Accord, I'd like to begin with an update on our tremendous -absolutely tremendous -- economic progress since Election Day on November 8th. The economy
is starting to come back, and very, very rapidly. We've added $3.3 trillion in stock market value
to our economy, and more than a million private sector jobs.

I have just returned from a trip overseas where we concluded nearly $350 billion of military and
economic development for the United States, creating hundreds of thousands of jobs. It was a
very, very successful trip, believe me. (Applause.) Thank you. Thank you.

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 In my meetings at the G7, we have taken historic steps to demand fair and reciprocal trade that
gives Americans a level playing field against other nations. We're also working very hard for
peace in the Middle East, and perhaps even peace between the Israelis and the Palestinians. Our
attacks on terrorism are greatly stepped up -- and you see that, you see it all over -- from the
previous administration, including getting many other countries to make major contributions to
the fight against terror. Big, big contributions are being made by countries that weren't doing so
much in the form of contribution.

One by one, we are keeping the promises I made to the American people during my campaign
for President -- whether it's cutting job-killing regulations; appointing and confirming a
tremendous Supreme Court justice; putting in place tough new ethics mles; achieving a record
reduction in illegal immigration on our southern border; or bringing jobs, plants, and factories
back into the United States at numbers which no one until this point thought even possible. And
believe me, we've just begun. The fmits of our labor will be seen very shortly even more so.

On these issues and so many more, we're following through on our commitments. And I don't
want anything to get in our way. I am fighting every day for the great people of this country.
Therefore, in order to fulfill my solemn duty to protect America and its citizens, the United
States will withdraw from the Paris Climate Accord -- (applause) -- thank you, thank you -- but
begin negotiations to reenter either the Paris Accord or a really entirely new transaction on terms
that are fair to the United States, its businesses, its workers, its people, its taxpayers. So we're
getting out. But we will start to negotiate, and we will see if we can make a deal that's fair. And
if we can, that's great. And if we can't, that's fine. (Applause.)

As President, I can put no other consideration before the wellbeing of American citizens. The
Paris Climate Accord is simply the latest example of Washington entering into an agreement that
disadvantages the United States to the exclusive benefit of other countries, leaving American
workers -- who I love -- and taxpayers to absorb the cost in terms of lost jobs, lower wages,
shuttered factories, and vastly diminished economic production.

Thus, as of today, the United States will cease all implementation of the non-binding Paris
Accord and the draconian financial and economic burdens the agreement imposes on our
country. This includes ending the implementation of the nationally determined contribution and,
very importantly, the Green Climate Fund which is costing the United States a vast fortune.

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 Compliance with the terms of the Paris Accord and the onerous energy restrictions it has placed
on the United States could cost America as much as 2.7 million lost jobs by 2025 according to
the National Economic Research Associates. This includes 440,000 fewer manufacturing jobs -not what we need -- believe me, this is not what we need -- including automobile jobs, and the
further decimation of vital American industries on which countless communities rely. They rely
for so much, and we would be giving them so little.

According to this same study, by 2040, compliance with the commitments put into place by the
previous administration would cut production for the following sectors: paper down 12 percent;
cement down 23 percent; iron and steel down 38 percent; coal -- and I happen to love the coal
miners -- down 86 percent; natural gas down 31 percent. The cost to the economy at this time
would be close to $3 trillion in lost GDP and 6.5 million industrial jobs, while households would
have $7,000 less income and, in many cases, much worse than that.

Not only does this deal subject our citizens to harsh economic restrictions, it fails to live up to
our environmental ideals. As someone who cares deeply about the environment, which I do, I
cannot in good conscience support a deal that punishes the United States -- which is what it does •
- the world's leader in environmental protection, while imposing no meaningful obligations on
the world's leading polluters.

For example, under the agreement, China will be able to increase these emissions by a staggering
number of years -- 13. They can do whatever they want for 13 years. Not us. India makes its
participation contingent on receiving billions and billions and billions of dollars in foreign aid
from developed countries. There are many other examples. But the bottom line is that the Paris
Accord is very unfair, at the highest level, to the United States.

Further, while the current agreement effectively blocks the development of clean coal in
America -- which it does, and the mines are starting to open up. We're having a big opening in
two weeks. Pennsylvania, Ohio, West Virginia, so many places. A big opening of a brand-new
mine. It's unheard of. For many, many years, that hasn't happened. They asked me if I'd go.
I'm going to try.

China will be allowed to build hundreds of additional coal plants. So we can't build the plants,
but they can, according to this agreement. India will be allowed to double its coal production by
2020. Think of it: India can double their coal production. We're supposed to get rid of ours.
Even Europe is allowed to continue construction of coal plants.

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 In short, the agreement doesn't eliminate coal jobs, it just transfers those jobs out of America and
the United States, and ships them to foreign countries.

This agreement is less about the climate and more about other countries gaining a financial
advantage over the United States. The rest of the world applauded when we signed the Paris
Agreement -- they went wild; they were so happy -- for the simple reason that it put our country,
the United States of America, which we all love, at a very, very big economic disadvantage. A
cynic would say the obvious reason for economic competitors and their wish to see us remain in
the agreement is so that we continue to suffer this self-inflicted major economic wound. We
would find it very hard to compete with other countries from other parts of the world.

We have among the most abundant energy reserves on the planet, sufficient to lift millions of
America's poorest workers out of poverty. Yet, under this agreement, we are effectively putting
these reserves under lock and key, taking away the great wealth of our nation -- it's great wealth,
it's phenomenal wealth; not so long ago, we had no idea we had such wealth -- and leaving
millions and millions of families trapped in poverty and joblessness.

The agreement is a massive redistribution of United States wealth to other countries. At 1
percent growth, renewable sources of energy can meet some of our domestic demand, but at 3 or
4 percent growth, which I expect, we need all forms of available American energy, or our
country -- (applause) -- will be at grave risk of brownouts and blackouts, our businesses will
come to a halt in many cases, and the American family will suffer the consequences in the form
oflost jobs and a very diminished quality of life.

Even if the Paris Agreement were implemented in full, with total compliance from all nations, it
is estimated it would only produce a two-tenths of one degree -- think of that; this much -Celsius reduction in global temperature by the year 2100. Tiny, tiny amount. In fact, 14 days of
carbon emissions from China alone would wipe out the gains from America -- and this is an
incredible statistic -- would totally wipe out the gains from America's expected reductions in the
year 2030, after we have had to spend billions and billions of dollars, lost jobs, closed factories,
and suffered much higher energy costs for our businesses and for our homes.

As the Wall Street Journal wrote this morning: "The reality is that withdrawing is in America's

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 economic interest and won't matter much to the climate." The United States, under the Trump
administration, will continue to be the cleanest and most environmentally friendly country on
Earth. We'll be the cleanest. We're going to have the cleanest air. We're going to have the
cleanest water. We will be environmentally friendly, but we're not going to put our businesses
out of work and we're not going to lose our jobs. We're going to grow; we're going to grow
rapidly. (Applause.)

And I think you just read -- it just came out minutes ago, the small business report -- small
businesses as of just now are booming, hiring people. One of the best reports they've seen in
many years.

I'm willing to immediately work with Democratic leaders to either negotiate our way back into
Paris, under the terms that are fair to the United States and its workers, or to negotiate a new deal
that protects our country and its taxpayers. (Applause.)

So if the obstructionists want to get together with me, let's make them non-obstructionists. We
will all sit down, and we will get back into the deal. And we'll make it good, and we won't be
closing up our factories, and we won't be losing our jobs. And we'll sit down with the
Democrats and all of the people that represent either the Paris Accord or something that we can
do that's much better than the Paris Accord. And I think the people of our country will be
thrilled, and I think then the people of the world will be thrilled. But until we do that, we're out
of the agreement.

I will work to ensure that America remains the world's leader on environmental issues, but under
a framework that is fair and where the burdens and responsibilities are equally shared among the
many nations all around the world.

No responsible leader can put the workers -- and the people -- of their country at this debilitating
and tremendous disadvantage. The fact that the Paris deal hamstrings the United States, while
empowering some of the world's top polluting countries, should dispel any doubt as to the real
reason why foreign lobbyists wish to keep our magnificent country tied up and bound down by
this agreement: It's to give their country an economic edge over the United States. That's not
going to happen while I'm President. I'm sorry. (Applause.)

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 My job as President is to do everything within my power to give America a level playing field
and to create the economic, regulatory and tax structures that make America the most prosperous
and productive country on Earth, and with the highest standard of living and the highest standard
of environmental protection.

Our tax bill is moving along in Congress, and I believe it's doing very well. I think a lot of
people will be very pleasantly surprised. The Republicans are working very, very hard. We'd
love to have support from the Democrats, but we may have to go it alone. But it's going very
well.

The Paris Agreement handicaps the United States economy in order to win praise from the very
foreign capitals and global activists that have long sought to gain wealth at our country's
expense. They don't put America first. I do, and I always will. (Applause.)

The same nations asking us to stay in the agreement are the countries that have collectively cost
America trillions of dollars through tough trade practices and, in many cases, lax contributions to
our critical military alliance. You see what's happening. It's pretty obvious to those that want to
keep an open mind.

At what point does America get demeaned? At what point do they start laughing at us as a
country? We want fair treatment for its citizens, and we want fair treatment for our taxpayers.
We don't want other leaders and other countries laughing at us anymore. And they won't be.
They won't be.

I was elected to represent the citizens of Pittsburgh, not Paris. (Applause.) I promised I would
exit or renegotiate any deal which fails to serve America's interests. Many trade deals will soon
be under renegotiation. Very rarely do we have a deal that works for this country, but they '11
soon be under renegotiation. The process has begun from day one. But now we're down to
business.

Beyond the severe energy restrictions inflicted by the Paris Accord, it includes yet another
scheme to redistribute wealth out of the United States through the so-called Green Climate Fund nice name -- which calls for developed countries to send $100 billion to developing countries all
on top of America's existing and massive foreign aid payments. So we're going to be paying

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 billions and billions and billions of dollars, and we're already way ahead of anybody else. Many
of the other countries haven't spent anything, and many of them will never pay one dime.

The Green Fund would likely obligate the United States to commit potentially tens of billions of
dollars of which the United States has already handed over $1 billion -- nobody else is even
close; most of them haven't even paid anything -- including funds raided out of America's
budget for the war against terrorism. That's where they came. Believe me, they didn't come
from me. They came just before I came into office. Not good. And not good the way they took
the money.

In 2015, the United Nation's departing top climate officials reportedly described the $100 billion
per year as "peanuts," and stated that "the $100 billion is the tail that wags the dog." In 2015, the
Green Climate Fund's executive director reportedly stated that estimated funding needed would
increase to $450 billion per year after 2020. And nobody even knows where the money is going
to. Nobody has been able to say, where is it going to?

Of course, the world's top polluters have no affirmative obligations under the Green Fund, which
we terminated. America is $20 trillion in debt. Cash-strapped cities cannot hire enough police
officers or fix vital infrastructure. Millions of our citizens are out of work. And yet, under the
Paris Accord, billions of dollars that ought to be invested right here in America will be sent to
the very countries that have taken our factories and our jobs away from us. So think of that.

There are serious legal and constitutional issues as well. Foreign leaders in Europe, Asia, and
across the world should not have more to say with respect to the U.S. economy than our own
citizens and their elected representatives. Thus, our withdrawal from the agreement represents a
reassertion of America's sovereignty. (Applause.) Our Constitution is unique among all the
nations of the world, and it is my highest obligation and greatest honor to protect it. And I will.

Staying in the agreement could also pose serious obstacles for the United States as we begin the
process of unlocking the restrictions on America's abundant energy reserves, which we have
started very strongly. It would once have been unthinkable that an international agreement could
prevent the United States from conducting its own domestic economic affairs, but this is the new
reality we face if we do not leave the agreement or if we do not negotiate a far better deal.

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 The risks grow as historically these agreements only tend to become more and more ambitious
over time. In other words, the Paris framework is a starting point -- as bad as it is -- not an end
point. And exiting the agreement protects the United States from future intrusions on the United
States' sovereignty and massive future legal liability. Believe me, we have massive legal liability
if we stay in.

As President, I have one obligation, and that obligation is to the American people. The Paris
Accord would undermine our economy, hamstring our workers, weaken our sovereignty, impose
unacceptable legal risks, and put us at a permanent disadvantage to the other countries of the
world. It is time to exit the Paris Accord -- (applause) -- and time to pursue a new deal that
protects the environment, our companies, our citizens, and our country.

It is time to put Youngstown, Ohio, Detroit, Michigan, and Pittsburgh, Pennsylvania -- along
with many, many other locations within our great country -- before Paris, France. It is time to
make America great again. (Applause.) Thank you. Thank you. Thank you very much.

Thank you very much. Very important. I'd like to ask Scott Pruitt, who most of you know and
respect, as I do, just to say a few words.

Scott, please. (Applause.)

ADMINISTRATOR PRUITT: Thank you, Mr. President. Your decision today to exit the Paris
Accord reflects your unflinching commitment to put America first.

And by exiting, you're fulfilling yet one more campaign promise to the American people. Please
know that I am thankful for your fortitude, your courage, and your steadfastness as you serve and
lead our country.

America finally has a leader who answers only to the people -- not to the special interests who
have had their way for way too long. In everything you do, Mr. President, you're fighting for the
forgotten men and women across this country. You're a champion for the hardworking citizens
all across this land who just want a government that listens to them and represents their interest.

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 You have promised to put America First in all that you do, and you've done that in any number
of ways -- from trade, to national security, to protecting our border, to rightsizing Washington,
D.C. And today you've put America first with regard to international agreements and the
environment.

This is an historic restoration of American economic independence -- one that will benefit the
working class, the working poor, and working people of all stripes. With this action, you have
declared that the people are rulers of this country once again. And it should be noted that we as
a nation do it better than anyone in the world in striking the balance between growing our
economy, growing jobs while also being a good steward of our environment.

We owe no apologies to other nations for our environmental stewardship. After all, before the
Paris Accord was ever signed, America had reduced its CO2 footprint to levels from the early
1990s. In fact, between the years 2000 and 2014, the United States reduced its carbon emissions
by 18-plus percent. And this was accomplished not through government mandate, but
accomplished through innovation and technology of the American private sector.

For that reason, Mr. President, you have corrected a view that was paramount in Paris that
somehow the United States should penalize its own economy, be apologetic, lead with our chin,
while the rest of world does little. Other nations talk a good game; we lead with action -- not
words. (Applause.)

Our efforts, Mr. President, as you know, should be on exporting our technology, our innovation
to nations who seek to reduce their CO2 footprint to learn from us. That should be our focus
versus agreeing to unachievable targets that harm our economy and the American people.

Mr. President, it takes courage, it takes commitment to say no to the plaudits of men while doing
what's right by the American people. You have that courage, and the American people can take
comfort because you have their backs.

Thank you, Mr. President.

AMERICAN

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 END

--- The Wh ite House

4:03 P.M. EDT

1600 Pennsylvania Ave nue, NW Was hington DC 20500 202-456 -1111

AMERICAN

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 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Wehrum, William L.
Wed 6/14/2017 8:58:54 PM
Call
.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

Ryan - Would you please give me a call when you have a chance.

Thanks.

iL_________________________________
Ex. 6 - Personal Privacy !
;

Bill Wehrum
Partner
wwe hrum@ hunton .com
p 202.955.1637

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000621
ED_ 001686C _ 00000677-00001

 To:
Jackson, RyanUackson.ryan@epa.gov]; Dravis, Samantha[dravis.samantha@epa.gov];
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]; Bolen, Brittany[bolen.brittany@epa.gov]; Konkus,
John[konkus.john@epa.gov]
From:
Myron Ebell
Sent:
Thur 6/15/2017 9:34:04 PM
Subject: Rob Gordon: Exposing the EPA's Gold King Mine Cover-up

I think Rob's comment to me is correct: IfEPA gets away with this under the
new administration, they will feel invincible. If it is exposed, it will add steam for
reform.

Rob spent hundreds of hours investigating the Gold King Mine disaster and
scandalous cover-up when he was staff director of the House Natural
Resources Committee's oversight and investigations subcommittee. He
may be reached at Robert .Gordon@heritage .org .

http://dailysignal .com/2017 /06/14/exposing-epas-gold-king-mine-cover/
Politics
Commentary

Exposing the EPA's Gold King Mine
Cover-Up
___
R___
o.;;.......;.b....;;e
___
r....;;t___;;;._;;....._;;.......;;......_;._
/ June 14, 2017 I comments

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000622
ED_ 001686C _ 00000678-00001

 The EPA has sought to avoid responsibility for the Gold King Mine disaster, which
caused 3 million gallons of toxic water to spill into the Animas River in 2015. (Photo:
Jerry McBride/The Durango Herald/Polaris /Newscom)

Commentary By
Robert Gordon
Rob Gordon is a senior research fellow at The Heritage Foundation and has
researched, testified, and written on endangered species, property rights, the federal

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000623
ED_ 001686C _ 00000678-00002

 estate, and other environmental issues. He previously served as staff director for the
Subcommittee on Oversight and Investigations of the House Committee on Natural
Resources.
Does the Environmental Protection Agency care more about its image than it does
about the environment?
Its behavior in response to the massive 2015 Gold King Mine disaster in Colorado would
suggest a very clear "yes."
The Environmental Protection Agency is hiding its incredible recklessness in the affair
by giving official accounts that are clearly contradicted by ample evidence in the
government's possession.
As the new EPA administrator, Scott Pruitt has an opportunity to drain a bit of the
swamp by exposing the EPA's cover-up.
Americans need an alternative to the mainstream media. But this can't be done alone.
Find out more >>
An Environmental Disaster

In August 2015, an EPA crew inexplicably dug out the rock and rubble "plug" to the long
abandoned Gold King Mine, triggering a massive blowout that flooded the Animas River
with 3 million gallons of acid mine drainage and, according to the EPA, over 550 tons of
metals.
Had the EPA actually been doing what it claims it did, the disaster would never have
happened. However, it seems the EPA could not allow its reputation to be tarnished with
the truth.
The EPA has put forth the fiction that its crew had simply removed backfill that was
blocking access to a mine tunnel, but did not disturb the natural plug that had formed in
the tunnel's opening that was holding back a sea of acid mine drainage.
The EPA claims its crew planned to wait for experts who would address the plug. It says
its team was just further cleaning up the site when, through some inexplicable bad luck,
the plug eroded, causing a blowout that turned the Animas River bright orange.
In essence, the agency wants us to believe that this was an accident that could have
happened to anybody.
The truth the EPA is concealing is that its team did not stop after excavating to the
tunnel's opening, and never had any intention of stopping.
The EPA crew began removing the plug as it had planned, even though it anticipated
acid mine drainage would flow out and that the drainage could be pressurized.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000624
ED_ 001686C _ 00000678-00003

 The EPA's actions could be likened to poking a balloon with a pin to let out just a little
air. At best, the EPA's actions were incredibly reckless.
Numerous federal officials in and outside the EPA turned a blind eye to the truth, and
never challenged the fiction that the EPA maintains to this day and that was just
repeated Monday by the EPA's inspector general.
For an agency more concerned about its own welfare than its environmental mission,
the almost unfathomable incompetence is sufficient motive to cover up what really
happened.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000625
ED_ 001686C _ 00000678-00004

 Gina McCarthy presided over the Gold King Mine disaster as EPA administrator. (Photo:
Jim Lo Scalzo/EPA/Newscom)
There are other reasons as well. Some grossly negligent acts can be criminally
prosecuted under provisions the Clean Water Act-a measure the EPA has used
against private parties in the past. Additionally, New Mexico has already brought a
lawsuit seeking damages.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000626
ED_ 001686C _ 00000678-00005

 Further, the EPA's dishonest actions after the fact likely provide even more impetus to
continue the deception.
Given the contradictory assertions they have made in public and the bogus reports they
have produced for public and congressional consumption, it is difficult to imagine how
the EPA officials involved could have possibly been honest with the inspector general
investigators.
Pruitt's team has inherited a tangle of half-truths, misdirection, and deceit. Like the Gold
King Mine disaster itself, this is a mess the agency needs to clean up.
A Prelude to Disaster
Years before the Gold King Mine disaster occurred, there had been a collapse within a
tunnel (an adit) used to access, ventilate, and drain the mine's inner content.
Water can naturally accumulate within mines, and if there has been a collapse, fine solid
matter like clay can eventually fill all the spaces between the collapsed rock, forming a
natural plug. Eventually a pool of water forms behind the plug, and with enough time
there can be so much water that it becomes pressurized.
In 2009, after this collapse, a pipe had been inserted into the mine in an attempt to
prevent the accumulation of water. Then, the old structure at the entrance to the adit
(posts and timbers supporting a roof to protect from debris sliding down from the slope
above) was demolished, and the area in front of the mine opening was backfilled,
burying all except the end of the drainage pipe.
Subsequently, water flowing from the mine had slowed to a trickle, a possible indicator
that the mine was plugged.
When the EPA crew came to the mine in 2015, it came specifically to address the
concern about conditions that could lead to a blowout.
The crew, however, was operating under outlandish assumptions that the agency had
made one year before, which are covered in greater detail by a congressional
committee report.
In brief, based on almost no evidence, the EPA had concluded during a visit in 2014 that
the floor of the mine was 6 feet lower than the ground immediately outside the mine.
It assumed that water in the mine would have to be over 6 feet deep before it would flow
out of the pipe. Seeing little flow out, it conjectured the backfilled mine was only half-full
and not pressurized.
This conclusion was contrary to available old photographs, documents from the
Colorado's Division of Reclamation, Mining and Safety, and the basic fact that the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000627
ED_ 001686C _ 00000678-00006

 tunnel was designed in part to drain the mine-so
no sense.

recessing the floor 6 feet would make

The ground immediately outside the mine was made of the waste rock removed to
create the tunnel. Why and how would a tunnel be dug so it couldn't drain or be
accessed?
An additional clue should have been clear to the crew: During a 2014 visit, the EPA
removed a stinger-a pipe that is used to drive through a collapse to drain impounded
water.
This is especially true given that when the crew yanked the stinger from the rubble,
it found the front section mangled, indicating there had possibly been an unsuccessful
attempt to penetrate a blockage.
In any case, whether the mine was full or not could have been determined by drilling to
test for hydrostatic pressure. However, because drilling was difficult and expensive, the
EPA chose to rely on faulty assumptions rather than data.
In 2015, the EPA crew set about removing unconsolidated backfill (material that was not
holding back water) to reach the plugged tunnel opening cut into the mountain's rock
face. This was accomplished the first day of digging.
The crew's outlandish assumptions were proven to be just that when it reached the
tunnel's opening. It had exposed the entire plug from the bottom to the top of the tunnel,
not just the upper half.
With the tunnel not recessed as anticipated, the crew should have realized, and likely
did, that the basis of its assumption that the mine was not full of water had evaporated.
In what appears to have been a hopeless effort to account for this, the following day, the
EPA crew reburied all but the very top portion of the plug. It built a large mound of earth
(a berm) in front of the tunnel opening and constructed a makeshift channel to the side.
The crew apparently anticipated that when it dug a hole into the top of the plug, any
water that came out would calmly flow through the channel and to a pre-existing ditch
that ran down the mountain to settling ponds.
Hope springs eternal.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000628
ED_001686C _00000678-00007

 The Animas River, which was contaminated by the spill, serves as a vital water source
for parts of Colorado, New Mexico, and the Navajo Nation. (Photo: EPA/Zuma
Press/Newscom)
Although the EPA fails to mention the reburying of the plug in any of its reports, several
executive branch reports, along with an EPA inspector general report released this
week, described what supposedly happened next.
All these reports are wrong, and most, if not all, are intentionally deceitful.
Rewriting History

First, the EPA produced a report that asserted its crew was just digging to clear the
bedrock face, but not touching the plug. Then, somehow, the lower bedrock crumbled

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000629
ED_ 001686C _ 00000678-00008

 and the mine just blew out.
The Department of the Interior produced the next report, a bureaucratic treatise that
says the EPA crew discussed a plan, but then ambiguously states "the contractor
continued to excavate."
Exactly what the crew was excavating-the dirt above the tunnel opening (which in fact
had already been removed) or the plug itself-is left unsaid. The report asserts that the
EPA crew planned to insert another stinger through the now-exposed plug to drain the
mine.
The crucial fact omitted by the report is that the EPA did not have a stinger. So, the plan
was pure fiction.
In fact, the Department of Interior report was so short on details that an Army Corps of
Engineers peer-reviewer made his signature conditional on including additional text in
the executive summary.
He included the line:
The report discusses field observations by EPA (and why they continued digging), but
does not describe why a change in EPA field coordinators caused the urgency to start
digging out the plug rather than wait for [Bureau of Reclamation] technical input as
prescribed by the EPA project leader.
Unlike the Corps reviewer's comments, the remainder of the Interior report is nebulous.
Then, the night before a congressional hearing on the Interior report, the EPA issued an
adde ndum to its first report, stating that the report was based on an unrecorded,
untranscribed, simultaneous interview of the two EPA on-scene coordinators in charge
of the site.
According to the addendum, the on-scene coordinator who was on vacation at the time
of the blowout had handed supervision off to the other, along with an emailed list of
instructions .
Curiously, this critically important email was not mentioned in the narrative of the two
earlier reports. The email provides explicit instructions on steps to take to remove the
upper portion of the plug.
The EPA's midnight addendum also asserts that its crew was following these
instructions with one exception. Without any supporting evidence whatsoever, the report
claims that after he sent the email, the on-scene coordinator who would be on vacation
told his replacement not to remove the plug, something inconsistent with his
instructions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000630
ED_ 001686C _ 00000678-00009

 Even if this supposed "clear verbal direction" was ever given, it definitely wasn't
followed.
The report goes on to repeat the fiction that the EPA crew was digging high above the
tunnel opening and preparing the site for when the experts would arrive when,
somehow, the mine inexplicably burst open.
Finally, the EPA Inspector General's Office released its report this Monday that at best
demonstrates an inability to uncover the truth by repeating the fiction.
After omitting any serious discussion of the outlandish assumptions from the EPA's
2014 site visit, the EPA inspector general repeats the official EPA line, stating that:
According to the [on-scene coordinator] on-site, the team stopped excavation in front of
the blockage on Aug. 4, 2015, after they reached material that was compacted, well
consolidated, and considered by the [on-scene coordinator] on-site to be the blockage.
The EPA inspector general goes on to state that the next day, "[t]he excavator operator
built a ramp to enable reaching higher." This was reportedly done so the excavator
operator could "scratch" above the mine entrance where the plug was.
Like the other reports, the inspector general omits any mention that the plug that had
been unearthed the day before was reburied-as is demonstrated in this series of
photos-and that the rock face had already been "scratched" clean before the blowout,
as demonstrated in this series of photos .
Time for Truth and Accountability
All these reports are clearly refuted by an email from the Department of Interior recently
released by the House Committee on Natural Resources, which states:
On 8/5/2015, the EPA was attempting to relieve hydrologic pressure behind a naturally
collapsed adit/portal of the Gold King Mine. The EPA's plan was to slowly drain and
treat enough mine water in order to access the inner mine working and assess options
for controlling its discharge. While removing small portions of the natural plug, the
material catastrophically gave-way and released the mine water.
This document, site photographs, and other information clearly contradict the fiction that
the EPA has spun. The cover-up is so bold it fits the old saying, "Who you going to
believe, me or your lying eyes?"
While the EPA crew did not snap a photo of the excavator bucket that was digging the
last fateful scoop of the plug, it might as well have.
There are enough people inside the agencies that know the truth, and a trail of pictures
and papers show that they know it.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000631
ED_ 001686C _ 00000678-00010

 It is time the cover-up be uncovered, and the EPA be exposed for caring more about its
own institutional interests than protecting the quality of the environment.

Myron Ebell
Director, Center for Energy and Environment
Competitive Enterprise Institute
1310 L Street, N. W., Seventh Floor
Washington, DC 20005, USA
Tel direct: (202) 331-2256
Tel mobile: j

Ex. 6 • Personal Privacy

!

··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

E-mail: Myron .Ebell@ceLorg
Stop continental drift!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000632
ED_001686C_00000678-00011

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Rebecca Benn
Tue 6/6/2017 2:14:35 PM
Congratulations & New Info

Hi Ryan - Congratulations on your new(ish) position .. .I can't wait to hear what the transition
has been like!

I wanted to let you know that I left CSX a few months ago and recently joined Ballard Partners.
My new contact info is below, and I look forward to working together again. Let me know if
you have any free time to grab coffee or a beer.

Take care,
Rebecca

Rebecca Benn

Ballar d Partners
601 Th irteenth St, NW, Su ite #200 N
Washington , DC 20005
P: 202.800 .5620
F: 202 .800 .5623
rebecca@ballardfl.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000633
ED_ 001686C _ 00000684-00001

 To:

From:

,.J.9..GK§QJl,_.R.Y'.
9.0H~ckson.ryan@epa.gov]
L_Ex. 6 - Personal Privacy __:

Sent:
Wed 6/14/2017 6:22:40 PM
Subject: Region 5
!._Ex._6 - Personal Privacy-~

Ryan,
Good to talk to you last evening. Attached please find my resume. Please send me some dates and times for us to
have a discussion about the Region 5 Administrator position.
Thank you,

.L_Ex._
-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.
6 - _PersonalPrivacy j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000634
ED_ 001686C _ 00000693-00001

 Jackson, RyanUackson.ryan@epa.gov]
M ichae I CatanzarcC~~~~~~~~~~~~~~~~~~~~~ii~~:~~~~~s~iii.~~1f~~Y-~~~~~~~~~~~~~~~J Gu nase kara,
Mandy[Gunase kara. Mandy@epa.gov]
From:
Marc Himmelstein
Sent:
Wed 6/14/2017 5:46:58 PM
Subject: Re: meeting
To:
Cc:

Ok, how-they can be in town whenever
Thx
Sent from my iPad
> On Jun 14, 2017, at 1:45 PM, "Jackson, Ryan" <jackson.ryan@epa.gov> wrote:
>

>Yes.
>

> -----Original Message----> From: Marc Himmelstein [mailto:Marc_Himmelstein@nes-dc.com]
> Sent: Wednesday, June 14, 2017 12:14 PM
> To: Jackson, Ryan <jackson.ryan@epa.gov>
> Cc: Michael Catanzaro <[~~~~~~~~~~~~~~~~~:.~~~~~~~E~<i_~f.•!~~~:iI$~r.~~~~~~~~~~~~~~~~~.;~~~~~~J
> Subject: meeting
>

> Is it possible to set up a meeting with you and Mandy with QEP Recall that the Administrator at AXPC
suggested that he wanted to meet-it is not necessary to include him Appreciate your help Thx
>

> Sent from my iPad

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000635
ED_001686C _00000700-00001

 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Government Executive
Thur 6/8/2017 2:00:03 PM
Benefits Cuts and the President's Budget
Is this email not d1splaymg correctly? View it in your brow ser

Federal Government News Moves Fast
Don't miss a headline. Stay updated on what's happening in federal
government, as it unfolds.
Dear Ryan,
As an individual who works in federal government, we'd like to tell you more about our awardwinning federal news publication, Government Execu tive. As with any administration change, the
new leadership helps reshape the missions of each federal agency. As uncertainty looms and the
new administration is beginning to roll out its priorities, Government Executive is he re to help you
analyze how each new decision impacts your federal agency's current and future mission .
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000636
ED_001686C _00000704-00001

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Executive

• Benefits Cuts and th e Pres id ent 's Budg et I Find out how President Trump's proposed
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been sent to you in error, please safely unsubscr ibe.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000637
ED_001686C _00000704-00002

 Jackson, RyanUackson.ryan@epa.gov]; Thawley,
Cosimo[Cosimo.Thawley@environment.gov.au]
From:
Hocking, Jillian
Sent:
Mon 6/12/2017 10:07:30 PM
Subject: RE: thank you for your time [SEC=UNCLASSIFIED]
To:

You're most welco me Ryan .

I have confirmed your call to the Canberra office phone for 8 :30am Wednesday 14 June 2017
AEST (which I believe is 6:30pm 6/ 13/ 17 your time in DC) .

Please let me know if there are any issues.

Kind regards

Jill

Jillian Hocking
Departmental Liaison Officer I Office of the Hon Josh Frydenberg MP
Minister for the Environment and Energy
a : Parliament House, Canberra, ACT 2600
t: (02) 6277 6301 m: i_Ex.6-Personal_Privacy_i e: jillian.hocking@environrnent.gov.au

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Tuesday, 13 June 2017 7:48 AM
To: Hocking, Jillian <Jillian.Hocking@environment.gov.au>;
<Cosimo.Thawley@environment.gov .au>
Subject: thank you for your time

Thawley, Cosimo

Jillian, it was a pleasure to speak with you and thank you for your help. I wanted to see if we
could set up a time for a call between Cosimo and I possibly for tomorrow morning around
8:30am Australia time which would be about 7:30pm U.S. eastern time.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000638
ED_001686C _00000705-00001

 I'm happy to call at the Canberra office phone number.

Much appreciated.

Ryan.

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
!·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.
! Ex. 6 - Personal Privacy !
!

i

·----~·-·-·-··~·-·-·-·-·-·-·-·-·-·-·-·-·-··

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000639
ED_001686C _00000705-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Stacey Dion
Fri 6/9/2017 8:25:52 PM
Carlyle Group-MEETING REQUEST

Hi Ryan,

I hope this email finds you we ll and enjoy ing agency life-congrats again!

As I mentioned, I moved over from Boeing to Carlyle approx imately 3 months ago.
Working in a comp letely different industry has been great and the issues change every
day .

A key portfo lio company, Philadelphia Energy Solutions , recently reached out regarding
RFS and the impact it is having overa ll Qobs, improvements, etc.). I know you cannot
discuss the reg, but I am hoping you have a few minutes in the coming weeks to meet
with representatives of the company 's leadersh ip so they can provide you with some
additional informat ion regard ing their business .

Thanks for consider ing and best wishes!

Stacey

Stacey Dion
Manag ing Director, Externa l Affa irs
The Carlyle Group
202.729.5731

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000640
ED_001686C _00000706-00001

 ********************************************************************************
< CONFIDENTIALITY NOTICE >
The information contained in this transmission is intended only for the person or entity to which
it is addressed and may contain confidential, trade secret and/or privileged material. If you are
not the intended recipient of this information, do not review, retransmit, disclose, disseminate,
use, or take any action in reliance upon, this information. If you received this transmission in
error, please contact the sender and destroy all printed copies and delete the material from all
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000641
ED_001686C _00000706-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
C Boyden Gray
Wed 6/14/2017 4:10:12 PM
Personal Privacy_ iResume
RE: Communications Role:[_Ex._6_·

You're welcome . Thank you for setting one up .

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Monday, June 12, 2017 12:15 PM
To: C Boyden Gray <cbg@cboydengray.com>
Subject: Re: C ommuni cations Role: [-~-~~~-:-~~-r~:~-~~;;1~~~~-1Resum
e

Thank you.

We will reach out and interview him. Thanks for your consistent help.

Ryan.

Ryan Jackson
Chief of Staff
U.S. EPA
i'-•,.-...Ex. 6 - Personal Privacy i
.........
7- ..........
- ...-- ......
...--...-...--)

On Jun 12, 2017, at 12:13 PM, C Boyden Gray <_ghg@)cboydengray.com> wrote:
I am passing along the attached resume of a qualified candidate looking for a
communications
position.
<Resume

1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

L

Ex. 6- Personal Privacy

j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000642
ED_001686C _00000708-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Liz Roche
Thur 6/1/2017 9:00:46 PM
RE: Invitation: Energy Dinner & Discussion I Wednesday, June 28

Ryan- Wanted to circle back on my email below regarding a dinner and discussion on June 28.
Discussion will focus on issues shaping our energy future (i.e., comprehensive tax reform,
investment in energy infrastructure, reliability and security of the grid, etc.).

Let me know if you're interested in attending.

Thanks,
Liz

From: Liz Roche
Sent: Tuesday, May 30, 2017 11: 16 AM
To: 'jackson.ryan@epa.gov' <jackson.ryan@epa.gov>
Subject: Invitation: Energy Dinner & Discussion I Wednesday, June 28

Hi Ryan-

Hope you had a great holiday weekend. I wanted to reach out and invite you to an energy dinner
and discussion on Wednesday, June 28 from 6:30-8:30 p.m. The dinner will bring together
Hill, industry and media influencers to discuss issues shaping our energy future (i.e.,
comprehensive tax reform, investment in energy infrastructure, reliability and security of
the grid, etc.), including what's next on the policy agenda.

This seated dinner is 100 percent off-the-record and serves as a catalyst for future discussionsconnecting the right people to move our energy policy forward. We've also worked with
Lavagna to offer a family-style menu so that each person's bill will not exceed $50 (including
food, drinks, tax, tip, etc).

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000643
ED_001686C _00000709-00001

 For your convenience, below are additional details about the time and location.

Best,
Liz

Liz Roche
Assistant Vice President

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EPA-17-0193 and EPA-17-0194-A-000644
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 AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000645
ED_001686C _00000709-00003

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EPA-17-0193 and EPA-17-0194-A-000646
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 Jackson, RyanUackson.ryan@epa.gov]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
From:
Alexandra Dapolito Dunn
Sent:
Mon 6/5/2017 1 :20:50 PM
Subject: Re: Roundtable June 19
July 18 Draft EPA ECOS Leadership Agenda.docx
To:
Cc:

Great; here's a draft agenda for the 18th so you can see how much flexibility we have for fitting
something in like this. Been working with Robin Richardson & Andrea Barbery on the agenda.

Alexandra Dapolito Dunn, Esq.
Executive Director & General Counsel
Environmental Council of the States
50 F Street, NW, Suite 350
Washington, DC 20001
202-266-4929 {T);i_Ex.
6-Personal

Privacy

(C};202-266-4937 {F}

adunn@ecos.org ; Twitter@ECOStates
See my research: http://ssm.com/author=1356207

Save the Date! ECOS' State Environmental Protection (STEP) Meeting, 7/17/17,
Washington, DC, www.ecos.org
On Sun, Jun 4, 2017 at 4:31 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

I just wanted to put it initially on your radar so you know and know it's part of a kind of
series of meetings. We'll get back in touch with you.

Ryan Jackson
Chief of Staff
U.S. EPA

1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
!_Ex. _s- Personal Privacy!

On Jun 4, 2017, at 4:24 PM, Alexandra Dapolito Dunn <adunn@ecos .org> wrote:

Sounds great. We have a 3.5 hour meeting at HQ for the ECOS leadership - July 18 already have the Green Room held and a half hour of the Administrator's time. How
long would you want for this conversation? I'm sure we could fit it into this agenda
quite well- the agenda is not set yet. Who would you like me to follow up with?

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000647
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 Sent from my iPhone
On Jun 4, 2017, at 2:49 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Alex, attached is an invite I sent to utilities to invite them to a roundtable to
discuss next steps after the CPP. I would like to incorporate something like this
into the July ECOS meeting if that makes sense. Let me know when would be
convenient to talk about that. We can hold it wherever you're holding the ECOS
meeting instead of at the EPA, of course, as well.

From: Jackson, Ryan
Sent: Sunday, June 4, 2017 2:20 PM
To: Jackson, Ryan <jackson .ryan@epa .gov>
Cc: Gunasekara, Mandy <Gunasekara. Mandy@epa.gov >; 'Catanzaro, Michael J.
EO P/WHO' <r····--~----·-&-Eic":'"s·-~-Pe·rs·ona1Pri~acy-·-·-·-·-·-·-·-·-·-;
Schwab, Justin
<schwab .iustin@epa.gov >; Hupp, Sydney <hupp .sydney@epa .gov>
Subject: Roundtable June 19

All --

Thank you for your interest, participation, and your help in coordinating your
trade association members' participation in the round table with US EPA
Administrator Scott Pruitt to discuss a regulatory path forward for the utility
sector. Having an open and robust dialogue with the regulated community is a
foundational component of setting meaningful and balanced environmental
standards. We look forward to learning more about your perspective as the utility
sector not only powers our economic growth, but is also at the forefront of
developing a more efficient and cleaner energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the
Green Room in the Administrator's Suite. We will follow up with an official
agenda in the coming days. We have received a number ofRSVP's and
appreciate that. Please confirm your attendance or the attendance of your trade
association members by June 12. Should you have any questions, please email or
call af.!=.?C::~_'.!..e!~.<:?.~.~(~r~~~cy_:j

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000648
ED_ 001686C _ 00000720-00002

 Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

i Ex. 6 - Personal Privacy i

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 E C

8:30-9:00

Introductions and Welcoming Remarks. Discussion of meeting purpose: to focus on how EPA
and ECOS can work together to improve environmental results, Administrator Pruitt's priorities
and goals.
•
•

9:00 - 10:00

E. Scott Pruitt, Administrator, U.S. Environmental Protection Agency
John Linc Stine, Commissioner, Minnesota Pollution Control Agency & ECOS President

Cooperative Federalism. A national conversation is underway as to the best and highest
purpose for state and federal environmental regulators from 2017 forward. Robust
discussion around how a recalibration of state and federal roles and resources can lead to
more effective environmental management at lower cost is front and center. ECOS has
answered the call for a novel approach to cooperative federalism through development of
a policy paper, campaign, and full day meeting on Reframing Our Environmental Future.
This portion of the agenda will continue this important dialogue.

Discussion Leaders:
• EPA?
• Todd Parfitt, Director, Wyoming Department of Environmental Quality & ECOS Vice
President
• Martha Rudolph, Director, Environmental Programs, Colorado Department of Public Health
and the Environment & ECOS Past President
10:00 - 10:30 Networking Break
10:30-11:00

ECOS Environmental Results Project. At ECOS' Fall Meeting (September 11-12, 2017),
ECOS will release its State Results project to accomplish several goals - among them, telling the
state environmental progress story, showing that ambient environment is progressing and that
improvement is possible, and better informing stakeholders about their environment. Discussion
will provide a preview of the State Results project to date, and opportunities to collaborate with
EPA on the effort.

Discussion Leaders:
• Pat Stevens, Administrator, Division of Environmental Management, Wisconsin
Department of Natural Resources & Chair, ECOS Planning Committee
• Bill Ehm, Division Administrator, Iowa Department of Natural Resources & Vice Chair,
ECOS Planning Committee

I

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EPA-17-0193 and EPA-17-0194-A-000650
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C

 11:00 - 11:40 Priority Executive Orders and Rulemakings. The Administration has several important
rulemakings and responses to Executive Orders underway. State input is valuable to these
endeavors. This discussion will provide an opportunity to discuss issues of national import and
significance as well as a forum for state engagement.
Discussion Leaders:
• EPA?
• Becky Keogh, Director, Arkansas Department of Environmental Quality & ECOS SecretaryTreasurer
11:40 - 12:00 Next Steps & Adjourn
Discussion Leaders:
• John Linc Stine
• EPA?

2

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EPA-17-0193 and EPA-17-0194-A-000651
ED_ 001686C _ 00000721-00002

 To:

From:
Sent:
Subject:

.

"

Jackson, RyanUackson.ryan@epa.gov]
Green Guy Media
Wed 6/7/2017 2:02:57 PM
Green Guy Newsletter: June 7
Rex Hamre,JLL, ATL Braves SunTrust Park

"

"

"

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000652
ED_001686C _00000722-00001

 AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000653
ED_001686C _00000722-00002

 To:

From:
Sent:

Jackson, RyanUackson.ryan@epa.gov]
Moore, James D
Wed 6/7/2017 1:55:43 PM

Hey Ryan,

Just tried your office. Have 2 mins to chat? Thanks.

Jamie D. Moore
Director Federal Government Affairs
Tesoro Companies, Inc.
601 Pennsylvania Avenue N.W.
Suite 850
Washington, D. C. 20004
(202) 803 5960 office
~

!

i Ex. 6 - Personal

Privacy

i cell

i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

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EPA-17-0193 and EPA-17-0194-A-000654
ED_ 001686C _ 00000729-00001

 To:
Jackson, RyanUackson.ryan@epa.gov]
Cc:
Michael Catanzaro[!
Ex. 6 - Personal Privacy
Gunasekara,
.
Mandy[ Gu nase kara. Mandy@e pa ."govr-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!

From:
Sent:
Subject:

Marc Himmelstein
Thur 6/15/2017 7:35:43 PM
Re: meeting

Shane Schulz of QEP will be in town on June 27 and 28
Is it possible to schedule time either of those days
Thanks
Sent from my iPad
> On Jun 14, 2017, at 1:45 PM, "Jackson, Ryan" <jackson.ryan@epa.gov> wrote:
>
>Yes.
>
> -----Original Message----> From: Marc Himmelstein [mailto:Marc_Himmelstein@nes-dc.com]
> Sent: Wednesday, June 14, 2017 12:14 PM
> To: Jackson, Ryan <jackson.ryan@epa.gov>
> Cc: Michael Catanzaro r-·-'-'-·-·-·'·"·--E,t°a·:"'pe,sonalPr1va'cy--·--·-·-·--·-·-·-·-·:
> Subject: meeting
>
> Is it possible to set up a meeting with you and Mandy with QEP Recall that the Administrator at AXPC
suggested that he wanted to meet-it is not necessary to include him Appreciate your help Thx
>
> Sent from my iPad

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000655
ED_ 001686C _ 00000733-00001

 To:

From:
Sent:
Subject:

'Mathis, Josh'[Josh.Mathis@mail.house.gov]; Jackson, RyanUackson.ryan@epa.gov]
Stacey Dion
Fri 6/9/2017 8:02:32 PM
RE: Carlyle Group

Thanks, Josh!

Ryan, I w ill emai l you separately . Congratu lations! We met before when I worked for
Boeing and have only been at Carly le 3 months .

Regards,

Stacey

Stacey Dion
Manag ing Director, Externa l Affa irs
The Carlyle Group
. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

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From: Mathis, Josh [mailto:Josh.Mathis@mail.house.gov]
Sent: Friday, June 9, 2017 1:00 PM
To: 'jackson.ryan@epa.gov' <jackson.ryan@epa.gov>
Cc: Stacey Dion <Stacey.Dion@carlyle.com>
Subject: Carlyle Group

Ryan-

I'm back with the Frank Lucas running the DC office - spent six years with him at Ag. At any
rate, Stacey Dion at Carlyle Group (CC' d) is a good friend of our office. Carlyle owns a refinery

AMERICAN

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ED_001686C _00000737-00001

 in PA and she's looking to visit with you or some folks at EPA on some RFS issues. I know
y'all are drinking from a firehose but Frank would appreciate any direction you could provide
Stacey. She'll email you particulars.

Thanks,

Josh Mathis
Senior Advisor
Office of Rep. Frank Lucas
P: (202) 225-5565
E: josh.mathis(a )maH.housc .gov

********************************************************************************
< CONFIDENTIALITY NOTICE >
The information contained in this transmission is intended only for the person or entity to which
it is addressed and may contain confidential, trade secret and/or privileged material. If you are
not the intended recipient of this information, do not review, retransmit, disclose, disseminate,
use, or take any action in reliance upon, this information. If you received this transmission in
error, please contact the sender and destroy all printed copies and delete the material from all
computers.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000657
ED_001686C _00000737-00002

 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Dean Hingson
Tue 6/6/2017 1:55:20 PM
SENATE REPUBLICAN CHIEFS RECEPTION Reminder

Hey bud, as we update our email list with the many recent changes in our alumni network,
wanted to make sure you saw this. Hope you can join us.

Dean

From: SENATE REPUBLICAN CHIEFS OF STAFF ASSOCIATION
[mailto:paperlesspost@accounts .paperlesspost.com ]
Sent: Tuesday, June 06, 2017 9:23 AM
To: Dean Hingson <DHingson@mc-dc.com >
Subject: SENATE REPUBLICAN CHIEFS RECEPTION Reminder

This is a reminder that our SENATE CHIEFS RECEPTION will take place
this Thursday, June 8th at 6:00 PM at THE BEER INSTITUTE, 440 1ST
ST NW, SUITE 350.
Will attend Wi ll not attend

SENATE CHIEFS RECEPTION
Thursday, June 8th at 6:00 PM
THE BEER INSTITUTE
440 1ST ST NW, SUITE 350
View card

View MapJ

Add to Calendar: JGoogle, Outlook , iCal, or Yahoo

For the best Paperless Post experience, add paper/esspost@accounts.paperlesspost.com
to your address book to ensure you receive all account messages in your inbox. Click here
to stop receiving emails from Paperless Post including invitations and cards. Learn more
about our rivac

/.)\JIF:}1
T~/',[\1

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EPA-17-0193 and EPA-17-0194-A-000658

4'

American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00000738-00001

 /.)\JIF:}1
T~/',[\1

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EPA-17-0193 and EPA-17-0194-A-000659

4'

American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00000738-00002

 Jackson, RyanUackson.ryan@epa.gov]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]; Dominguez,
Alexander[dominguez.alexander@epa.gov]; Patrick Currier[currier@s2cpacific.com]; Missy Mandell
(Gmail[_________
Ex. 6 - Personal_Privacy _________
!
From:
John Di Stasio
Sent:
Wed 6/7/2017 1:30:47 PM
Subject: Re: introduction
To:
Cc:

Thank you. I will plan to attend as well
John
John Di Stasio
President, Large Public Power Council
1050 Thomas Jefferson St, 5th Floor
Washington, DC 20007
202-298-3723 office
L_Ex. 6 - Personal Privacy

_!cell

john@ lppc.org
www .LPPC .org

On Jun 7, 2017, at 9:27 AM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Yes, you're more than welcome.

From: John Di Stasio [mailto :John@lppc.org 1
Sent: Wednesday, June 7, 2017 8:20 AM
To: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov >
Cc: Patrick Currier <currier@s2cpacific.com >; Jackson, Ryan <jackson.ryan@epa.gov >;
Missy Mandel I (G mai I) .:;·-·-·-·-·Ex~·-s":·-Persoii"ai·P-rivacy-·-·-·-"r
Subject: Re: introduction
'

Mandy

Is it possible for me to participate as well? My schedule will now allow it

Thanks

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000660
ED_ 001686C _ 00000740-00001

 John
John Di Stasio
President, Large Public Power Council
1050 Thomas Jefferson St, 5th Floor
Washington, DC 20007
202-298-3723 office
I-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•.

! Ex. 6 - Personal Privacy i cell
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·~

john @lppc .org
www. LPPC.org

On Jun 5, 2017, at 10:01 AM, Gunasekara, Mandy <Gunasekara .Mandy @epa .gov> wrote:
Great- thank you.

From: John Di Stasio [mailto:John@ lppc.org]
Sent: Monday, June 5, 2017 9:47 AM
To: Gunasekara, Mandy <Gunasekara.Mandy@epa .gov>
Cc: Patrick Currier <currier@s2cpacific.com >; Jackson, Ryan
<iackson .ryan@epa.gov >; Missy Mandell (Gmail) ~ Ex. 6 - Personal Privacy i>
Subject: Re: introduction
'

Mandy

Here you go:

Mark Bonsall, CEO, Salt River Project, Phoenix, LPPC Board Chair

AMERICAN

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ED_ 001686C _ 000007 40-00002

 Phil Wilson, CEO, Lower Colorado River Authority, Austin, TX
Steve Wright, CEO, Chelan PUD, Wenatchee, WA
Kevin Nordt, CEO, Grant PUD, Ephrata, WA

And here are their e-mails:

: Bonsall Mark B <Mark.Bonsa ll@srpnet.com >, "Phil.Wilson@LCRA.ORG "
<Phil.Wilson@ LCRA.ORG >, "Wright, Steve" <Steve .Wright@che lanpud .org>,
Kevin Nordt <Knordt@gcpud .org>

Please let me know if you need anything else.

Thank you

John
John Di Stasio
President, Large Public Power Council
1050 Thomas Jefferson St, 5th Floor
Washington, DC 20007
202-298-3723 office

! Ex. 6 - Personal Privacy !cell
i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

john@ lppc .org
www .LPPC.org

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 On Jun 2, 2017, at 4:48 PM, Gunasekara, Mandy <Gunasekara. Mandy@epa .gov>
wrote:
Hey John,

Thank you for your help. Can you send us their email addresses?
Sent from my iPhone
On Jun 1, 2017, at 2:11 PM, John Di Stasio <John@lppc .org> wrote:
Hi Mandy

Thanks again for the invitation for LPPC to participate. We have two CEOs
committed and awaiting answers from two others.

Those interested include:

Mark Bonsall, CEO Salt River Project, Phoenix, AZ (Current LPPC Board
Chair)

Phil Wilson, CEO Lower Colorado River Authority, Austin, TX

I will update you when I get the final word from the others.

Thank you

John

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000663
ED_ 001686C _ 000007 40-00004

 John Di Stasio
President, Large Public Power Council
1050 Thomas Jefferson St, 5th Floor
Washington, DC 20007
202-298-3723 office
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

'i Ex. 6 - Personal

Privacy

'bell

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-)

jo hn@lppc .org
www .LPPC.org

On May 31, 2017, at 10:42 AM, Gunasekara, Mandy
<Gunasekara .Mandy@epa .gov> wrote:
Thank you, Patrick.

John,
Nice to e-meet you. I'm setting up a roundtable with top utility CEOs
and the Administrator on June 19th from 1 to 3 pm at EPA HQ. The
purpose is to discuss next steps on CPP replacement with key
stakeholders. Our current list of tentative attendees is listed below.
We'd love to add some of your LPPC members. Please let me know
who would be a good candidate to participate and is available as soon
as possible.

Also, feel free to give me a call to discuss further. 202-564-2314.

Best,
Mandy

AMERICAN

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ED_ 001686C _ 000007 40-00005

 Confirmed:
Nick Akins, AEP
Gerry Anderson, DTE
W amer Baxter, Ameren
Pat Vincent-Collawn, PNM
Chris Crane, Exelon
Leo Denault, Entergy
Tom Farrell, Dominion
Ben F owke, Xcel
Lynn Good, Duke
Sean Trauschke, OGE

Invited:
Southern Co.
First Energy
NRECA (top 3 to 5)
Basin
TRI-State
APPA (top 3 to 5)
TVA
LGE-KU
LPPC (top 3 to 5)

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000665
ED_ 001686C _ 000007 40-00006

 Vistra - Luminant

From: Patrick Currier [mailto:currier@s2cpacific.com ]
Sent: Wednesday, May 31, 2017 10:29 AM
To: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov >; John Di
Stasio <john@lppc.org >
Subject: introduction

Mandy and John,

Wanted to connect you guys. Mandy, meet John Di Stasio,
president of the Large Public Power Council and long-time friend
and mentor of mine. John, meet Mandy Gunasekara, current
senior policy advisor to Administrator Pruitt and all around
superstar.

Best,
Patrick

Patrick T. Currier

Partner I S2C Pacific
8730 Wilshire Blvd. , Ste. 350

I Beverly Hills, CA I 90211

+1.310.596.5415 1currier@s2cpacific.com

www. s2cpacific. com

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Cathy Stepp
Tue 6/6/2017 1:30:46 PM
Checking in

Good morning Ryan! Sending you greetings from Branson Missouri. I have located here now and am
ready to report to work when you are ready. Reince has been working on following up on the vetting. Not
sure if you guys have heard about any expected timelines? Hope all is going well and I can't wait to
become part of the team!
Cathy
Sent from my iPhone

AMERICAN

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 To:
Jackson, RyanUackson.ryan@epa.gov]
From:
Sean O'Neill
Sent:
Mon 6/12/2017 8:16:32 PM
Subject: AGC CEO Letter to AdministratorPruitt
SS LTR to Scott Pruitt 060817.pdf

Hey Ryan

It's been awhile buddy . Hope you are enjoying your new gig. I wanted to make sure you saw
the attached email from AGC CEO Steve Sandherr to Administrator Prnitt outlining several
regulatory issues of interest to AGC and a request to have an introductory meeting with Steve
and the Administrator. This letter was sent both electronically and through the mail last week
but I wanted to make sure I flagged it for you.

Please let me know if you have any questions and thanks for considering the request.

Sean

Sean O'Neill
Senior Director, Infrastructure Advancement
Associated General Contractors of America
Office - 202-547-8892
p•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

Cell l_Ex. _s_- Personal

Privacy_:

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 STEPHENE. SANDHERR,Chief ExecutiveOfficer

AGC of America

THE ASSOCIATEDGENERALCONTRACTORSOF AMERICA

Quality People. Quality Projects.

June 7, 2017
The Honorable E. Scott Pruitt
Administrator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Dear Administrator Pruitt:
On behalf of the Associated General Contractors of America {AGC)and its more than 26,000 commercial
construction company members, congratulations on your new position. We look forward to working with the
U.S. Environmental Protection Agency {EPA) under your leadership to reduce unnecessary regulatory burdens,
promote economic growth and job creation, and minimize the impacts of government actions on small
businesses. We respectfully request the opportunity to meet with you at your earliest convenience to discuss
our respective priorities for the next several years under the Trump administration's regulatory reform agenda.
Indeed, the first 100 days of the Trump administration have been momentous for environmental policy. AGC
members have taken heed of President Donald Trump's promise to streamline the infrastructure permitting
process. Already President Trump has signed multiple executive orders related to environmental issues and
regulatory reforms and issued broad directives meant to expedite environmental reviews for "high priority"
infrastructure projects. AGC recently presented the White House and Congress with its new document
11
Reforms for Improving Federal Environmental Review and Permitting" aimed at speeding up project delivery
for critical construction projects, without sacrificing environmental protections.
AGC applauds your quick action in setting up a Regulatory Reform Task Force, as required by President Trump's
Executive Order {EO) 13777. Recognizing that this effort is operating in concert with EO 13771, direct ing EPAto
identify two regulations for elimination whenever it seeks to promulgate one new rule, AGC appreciated the
recent opportunity to inform your task force on possible opportunities to make existing environmental rules,
policies and programs less burdensome (Docket ID: EPA-HQ-OA-2017-0190 - click here for AGC's submission).
The construct ion industry plays a key role in the U.S. economy. Ninety-one percent of the construction fi rms in
the United States are small businesses employing fewer than 20 workers. The year-after-year addition of new
environmental permits, permissions,.approvals and other requirements for construction projects has had
unfortunate cumulative effects - such as creating unnecessary inefficiencies, delays and costs. This underscores
the need for, and importance of, conducting meaningful reforms ,to eliminate duplicative, overlapping or
contradictory requirements.
It is unclear how EPAwill make decisions on which regulations it will target and when that process will get
started. AGC would like to speak with you about your priorities, answer questions you may have about the
construction industry, and identify areas where we can work together.

AMf-HICAN

OVERSIGHT

2300 Wil _son Boulevard, Suite 400 • Arlington , VA 22201 -3308
Phone: (703) 548 -3118 • FAX: (703) 548-3119 • www .agc.org

American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000669
ED_ 001686C _ 00000752-00001

 AGC looks forward to working with EPAand the U.S. Army Corps of Engineers to provide clarity regarding the
scope of federal jurisdiction under the Clean Water Act; AGC supports action to withdraw and re-propose the
"Waters of the United States" rule, as appropriate and consistent with law. Notwithstanding, AGC maintains
that more modest updates to various EPAprograms could provide the biggest long-term boons for construction
firms. AGC's comments regarding EPA'sevaluation of existing regulations, referenced above, targeted smaller
adjustments that could be quickly implemented to reduce burdens and compliance costs, including:
•

Update the federal stormwater permitting program to:
•
•

Provide simpler, streamlined permits for small construction "sites" that are minimal risk;
Remove the "Minimum Measure #4" (Construction Site Runoff Control Program) from the small
Municipal Separate Storm Sewer System (MS4) rules, thereby avoiding duplicate or conflicting erosion
and sediment control requirements between local programs and state National Pollutant Discharge
Elimination System (NPDES)construction general permits (CGP);

•

Revise the federal MS4 permit "compendium" that currently favors flow-based or treatment-based
standards without properly considering cost and feasibility in the field; and
Conduct a more complete/accurate cost-benefit analysis for the construction stormwater program
(EPA's 2017 CGPwas not properly "certified" under the Regulatory Flexibility Act and wrongly relies
upon a consolidated information collection request {ICR) that covers the entire NPDESprogram).

•

•

Allow a construction jobsite's Stormwater Pollution Prevention Plan (SWPPP) - required by all CGPs- to
also satisfy the agency's Spill Prevention Control and Countermeasure (SPCC) plan requirements. Otherwise
this is double regulation: both plans address oil storage and spill control, containment and cleanup measures
and each plan carries significant costs for the contractor to develop.

•

Recognize that OSHA rules prevent the spread of lead-paint dust during all construction and terminate
efforts to expand EPA's Lead Renovation, Repair and Painting (RRP) rules to cover more buildings.

•

Curtail the public's ease of access to company-specific compliance and enforcement-related data that fuels
citizen suits. AGC has great concerns about this aspect of EPA's Next Generation Compliance Policy.

•

Bring back cooperative Industry-Agency partnership and recognition programs that encourage prompt
discovery and correction of environmental problems and lead to enhanced environmental performance.

I believe we share many of the same goals: to ensure federal environmental rules, policies and programs remain
relevant and efficient, accomplish their stated objectives, and impose the least possible burdens on the
regulated community. Again, AGC requests a meeting with you to discuss how AGC and EPAcan collaborate on
these important efforts. Please contact Ashley MacDonald from my staff at Ashley.macdonald@agc.org or
f(703) 837-5309 to coordinate scheduling.

Best regards,

~DslV

Stephen E. Sandherr

AMLHICAN

OVERSIGHT
American Oversight v . EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000670
ED_ 001686C _ 000007 52-00002

 Jackson, RyanUackson.ryan@epa.gov]
Green Guy Media
Sent:
Wed 6/14/2017 1: 11:45 PM
Subject:
Green Guy Newsletter: June 14 Pete Krull,Earth Equity Advisors,Social and
Environmental Investing
To:

From:

.

"

"

"

"

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000671
ED_ 001686C _ 00000753-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000672
ED_ 001686C _ 000007 53-00002

 Jackson, RyanUackson.ryan@epa.gov]
Smith, Keith[Keith.Smith@prime-policy.com]; Black, Charlie[Charlie.Black@prime-policy.com];
Peck, Gregory[Peck.Gregory@epa.gov]
From:
Rozsa, Gabe
Sent:
Thur 6/15/2017 6:34:19 PM
Subject: New Hanover County Water Issue
GenX-Health-Effects-Summary-DHHS-6 12 17-PDF.pdf
To:
Cc:

Ryan,

Thank you for your willingness to assist New Hanover County on this critical water issue. Here
some additional background on the matter.

Press reports in early June indicated the existence of the chemical GenX in the drinking water
supply of the residents in New Hanover County and other southeast North Carolina counties.
New Hanover County, under the leadership of Woody White, Chairman of the County
Commission, organized an immediate inquiry and action plan for addressing the concerns of the
residents of the Wilmington area about whether the levels found pose any health threat. The
local officials are also asking for help from relevant State agencies (see attached Cape Fear
Public Utility Authority letter of June 7th ). At the County's request, NC Department of Health
and Human Services (NC-DHHS) and the North Carolina Department of Environmental Quality
(NC-DEQ) have responded to the need for more information about the chemical and its
regulation as summarized in the release posted yesterday by NC-DEQ (http://deq.nc.gov/deqdhhs-investigating-reports-unregulated-chemical-cape-fear-river).

I believe North Carolina is a delegated state for water programs but my understanding is that the
issue at hand may also involve an earlier enforcement agreement entered into between the
previous owner of the facility producing GenX and the EPA. I believe there was a call this week
between New Hanover County Officials, NC DEQ and the Atlanta Regional Office of the EPA.
Also, detailed questions have been submitted to EPA HQ about this chemical and related
enforcement issues.

On Monday, the NC-DHHS released a health effects statement on GenX to county public health
directors. The statement, attached above, was prepared for the NC-DEQ by the Occupational and
Environmental Epidemiology Branch ofNC-DHHS. NC-DEQ and the community at large is
working to understand the human health effects of GenX, and the health effects statement.
Based on the information available thus far from all sources, NC-DEQ issued a statement
summarizing what was known to include the following:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000673
ED_001686C _00000763-00001

 "There are no U.S. regulatory guideline levels for GenX. However, as part of the European
chemical registration, a 2-year chronic toxicity and cancer study with rats was performed. They
reported a Derived No Effect Level (DNEL) of 0.01 mg/kg bw/day. Based on U.S. risk
assessment calculations, this corresponds to a concentration in drinking water of 70,909 ng/L of
GenX- more than 100 times greater than the mean value of 631 ng/L detected in the Cape Fear
River. Based upon these data, the GenX levels detected in 2013-2014 would be expected to pose
a low risk to human health."

This statement begins to shed light on human health risks from GenX, but it does not eliminate
the county's concern that this unregulated compound has been found in the community's
drinking water supply, especially in light of lower standards established by EPA for related
chemicals.

New Hanover County officials are asking that the EPA and DEO work to provide the
residents and the state agencies involved with the best available information about the
health threats posed.

Ryan, we appreciate your willingness to help. A statement from your office that you are
working quickly and cooperatively with all parties, including New Hanover County elected
officials, Members of Congress, NC-DEQ and EPA staff (both Region and HQ), would help ease
the concerns in the current climate.

Thank you for your assistance.

Gabe

Gabe Rozsa
Managing Director
1110 Vermont Avenue, NW I Suite 1000 I Washington , DC 20005

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000674
ED_001686C _00000763-00002

 .-•-·-·-·-·-·-·-·-·-·-·-,

202 530 4843 I Fax: 202 530 4800 I Cell: t E,.,_-PocsoaalPclvaoy_!
www .prime-policy .com

?~JME
A WPP Group Compa ny : www.w pp.com

The informat ion , and any attachments contained in this email may contain confidential and/or privileged information and is intended
solely for the use of the intende d named recipient(s). Any disclosure or dissem ination in whatever form. by another othe r than the
intended recipient is strictly prohibited . If you have received this transmission in error, please contact the sende r and destroy this
message and any attach ments. Thank you .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000675
ED_001686C _00000763-00003

 Prepared by the Occupational and Environmental Epidemiology Branch, NC DHHS

June 12, 2017
GenX is a chemical used in the manufacturing of fluoropolymer resins, which are used for
nonstick coatings and other purposes. GenX is part of the perfluorinated family of compounds
that includes the chemicals PFOSand PFOA. In 2009, GenX was developed as a replacement for
PFOA thus limited health information is available for GenX.
According to media reports, the GenX in the Cape Fear River is originating from Chemours Co. at
Fayetteville Works, a facility 100 miles upstream from Wilmington. GenX has been detected in
water treated by the Cape Fear Public Utility Authority as detailed in the article by Sun et al. 1
The recent media reports on GenX in the Cape Fear River are associated with the paper written
by Sun et al. This paper was published in November 2016. Media reports cite 631 ng/L
concentrations of GenX detected in the Cape Fear River. This number is taken from the Sun et al.
article based on data from 2013-2014. It is not known whether these levels reflect the current
concentrations of GenX in the Cape Fear River.
Limited health information is available for GenX. PFOA and PFOS(chemicals that are part of the
same family of fluorinated compounds) were recently reviewed by the EPA and the most
common effects observed in laboratory tests were kidney and testicular cancer, impaired fetal
development, and effects on the liver, thyroid, and immune system. The EPA recently released a
Health Advisory with recommendations for drinking water not to exceed 70 parts per trillion (70
ng/L) for PFOSand PFOA combined. 2
There are no U.S. regulatory guideline levels for GenX. However, as part of the European
chemical registration, a 2-year chronic toxicity and cancer study with rats was performed. They
reported a Derived No Effect Level (DNEL) of 0.01 mg/kg bw/day. Based on U.S. risk assessment
calculations, this corresponds to a concentration in drinking water of 70,909 ng/L of GenX- more
than 100 times greater than the mean value of 631 ng/L detected in the Cape Fear River. Based
upon these data, the GenX levels detected in 2013-2014 would be expected to pose a low risk to
human health.
This summary covers GenX only and does not address other poly- or perfluorinated compounds
that might be present. This summary is preliminary and subject to change as additional
information becomes available.
1.

2.

Sun et al. Legacy and Emerging Perfluoroalkyl Substances Are Important Drinking Water Contaminants in the Cape
Fear River Watershed of North Carolina. Environmental Science & Technology Letters. Nov 2016. DOI:
10.1021/acs.estlett.6b00398.
USEPA.Drinking Water Health Advisories for PFOA and PFOS.https ://www .epa.gov/ground-water-and-drinkingwater / d ri n ki ng-w ate r-h eaIth-a dvi sori es-pfoa-a nd-pfos

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000676
ED_001686C _00000764-00001

 To:
Bucci, Kristine A. EOP/WHOi
Ex. 6 - Personal Privacy
EOP/WH 0:___________________
Ex. 6. -.Personal_ Privacy ___
•---·-·-·-·-·-· i
L··-·-·-·-·-·
··-·-·-·-·-·-·-·\
·-·-·-·- ____
' ·-·-·-·Ex. 6 .- Pers~nal Priva~y ·-·-·-·-·-·-·' ·-·-·-· -.
Cc:
hugh.eby@ic.fbi.gov[hugh.eby@ic.fbi.gov]

·-· ,_-·-·-·-·-·-·-·-·-·-·

::1

!Locetta, Jennifer R.

·

l

From:

Dourson, Michael (doursoml)
Wed 6/7/2017 12:52:32 PM
Pending EPA Appointment
Foreign travel+ .docx
Dourson CV UC-2017 .doc

Sent:
Subject:

Dear Colleagues
Please find attached a revised list of foreign travel in response to my interview with
Special Agent Eby yesterday. This more complete listing enhances my response to
the Electronic Questionnaires for Investigations Processing (e-QIP) Investigation Request
#23126664 (specifically, Section 20B - Foreign Business, Professional Activities, and Foreign
Government Contacts), and includes my just completed two international trips, and also
trips that were available only on office calendars for which I otherwise did not have
access before I left the country on this recent international travel. I also attach a revised
resume that includes these two recent trips. This resume can also be used as a replacement to
that used for this investigation request.
Special Agent Eby is checking on whether my fingerprints are
already available electronically. I have completed the form 278 as of yesterday. Please let me
know if you need anything else from my end.
Cheers!
Michael Dourson
-- It is the mark of an instructed mind to rest satisfied with the degree of precision which the
nature of the subject permits and not to seek an exactness where only an approximation of the
truth is possible. Aristotle

RiskScience Center
Ot partmont of

Environm•nt.al H11tth

From: Michael Dourson <doursoml@ucmai l.uc.edu >
Date: Tuesday, June 6, 2017 at 4:51 PM
To: " hugh .eby@ic.fbi.gov " <hugh.eby@ic.fb i.gov>
Subject: Dourson Foreign Travel

Dear Special Agent Eby
Thanks for taking some time out of your busy day to speak with me. As discussed,
attached is a more complete listing of foreign travel going back 15 years. This listing
includes my just completed two international trips, and also trips that were available only

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000677
ED_ 001686C _ 00000771-00001

 on calendars in my office, and that I otherwise did not have access to when I answered
the on-line version of the question regarding "Foreign Conferences, Trade Shows,
Seminars, and Meetings" at home just before I left the country on the recent
international travel.
The Society of Toxicology also sponsored Professor Sri Noegrohati of the Gadjah Mada
University of Yogyakarta, Indonesia to visit our nonprofit Toxicology Excellence for Risk
Assessment (TERA) in 2013. Dr. Bernard Gadagbui of our office and I returned to her
university in the spring of 2014 to lecture for a week. The Society of Toxicology
sponsored both visits, and neither Dr. Gadagbui or I was otherwise paid for this activity
(other than our salary from TERA). Professor Noegrohati's email
IS L_________
Ex. _6-. Personal. Privacy __________
:
Please feel free to call with any additional questions.
Sincerely,

Michael L. Dourson, Ph.D., DABT, FATS, FSRA
Professor
Risk Science Center (formerly TERA)
Department of Environmental Health
University of Cincinnati, College of Medicine
160 Panzeca Way
Cincinnati OH 45267-0056
;__
michac1.dours~n@uc .edu
i

i

! Ex. 6 - Personal Privacy !

i

(Mondays)
' http://eh.uc.edu/tera /

··sk Science Center

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000678
ED_ 001686C _ 00000771-00002

 CURRICULUM VITAE
Michael L. Dourson, Ph.D., DABT, FATS, FSRA
University of Cincinnati, College of Medicine
160 Panzeca Way
Cincinnati OH 45267-0056

_

michael.dours~m@uc.edu

0

i

i

!_~x~-~:-~~-~s~~-~
:.:.~v~-~~.!cF
ri day S)
2017
1

EMPLOYMENT
2017-

Professor. Risk Science Center (aka TERA Center). Department of Environmental
Health, University of Cincinnati, College of Medicine, Cincinnati, Ohio

2015-16

Professor and Director. Toxicology Excellence for Risk Assessment Center,
Department of Environmental Health, University of Cincinnati, College of
Medicine, Cincinnati, Ohio

1995-15

Director/President. Toxicology Excellence for Risk Assessment, Cincinnati, Ohio

1991-94

Chief Systemic Toxicants Assessment Branch, Environmental Criteria &
Assessment Office (ECAO), U.S. Environmental Protection Agency (EPA),
Cincinnati, Ohio

1990-91

Associate Director. ECAO, Cincinnati, Ohio

1989-90

Chief Pesticides and Toxics Team, EPA, Washington, D.C.

1986-89

Chief Methods Evaluation and Development Staff, ECAO, Cincinnati, Ohio

1985

Leader. Acceptable Daily Intake (ADI) Group, ECAO, Cincinnati, Ohio

1980-84

Staff Toxicologist. ECAO, Cincinnati, Ohio

EDUCATION
1988-89

Executive Potential Program. U.S. Office of Personnel Management

1986-87

Zenger Miller Supervision Course

1985-2015

Diplomate of the American Board of Toxicology

1975-80

University of Cincinnati, College of Medicine, Ph.D. degree in toxicology

1970-74

Wittenberg University, B.A. degree in biology

TEACHING

I have lectured in courses at the graduate level in several universities and institutes; have
lectured high school students on the general principles of toxicology over several years; and have
talked with grade school students on several occasions about careers in science and my
experiences in Africa. I participated as a member of the Ph.D. thesis committee of Dr. Natalia
Foronda of the Ministry of Health, New Zealand.

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000679
ED_001686C _00000772-00001

 RESEARCH: INVITED PRESENTATIONS (Selected)

"Hazard identification"
"Dose response assessment"
"Exposure assessment"
"Risk characterization"
Ateneo School of Medicine and Public Health. Makati City, Philippines. June 1-2, 2017.
"Risk Assessor Certification"
Taiwan Chapter of the Society for Risk Analysis. Taichung City, Taiwan. May 24, 2017.
"Overview of risk assessment"
"Hazard identification II: Cancer"
"Dose response assessment II: Cancer"
"Introduction to dose response assessment modeling"
"Use of PBPK modeling in risk assessment"
"Risk characterization"
The Regional Training Program on Risk Assessment, Bibliotheca Alexandrina, Alexandria,
Egypt, April 24-27, 2017.
"Managing the non-cancer risks a hazardous waste sites: Trichloroethylene (TCE) as a case
study"
Association for Environmental Health and Sciences (AEHS) Foundation. San Diego,
California March 21, 20 I 7.
"The concept of hormesis and application in risk assessment"
Society of Toxicology, Baltimore, Maryland, March 14, 2017.
"The concept of hormesis and application in risk assessment"
Society for Risk Analysis, San Diego, California, December 12, 2016
"Mechanics of Risk Assessment"
In workshop on Risk Analysis. Institute for Humane Studies and the Mercatus Center at
George Mason University. Portland, Oregon, June 18th , 2016.
"Yes, 'Thresholdable' Carcinogens Are Still Delaney Carcinogens"
Roundtable Session: Is a "Thresholdable" Carcinogen Still a Delaney Carcinogen?
Society of Toxicology, New Orleans, Louisiana, March 14, 2016.

"Distinguishing between Mode and Mechanism of Action, and Some Key Events for MOA''
Colloquium: Role of Mode of Action in Dose-Response Assessment for Carcinogens.
Food and Drug Administration and the Society of Toxicology, College Park, Maryland,
February 25, 2016.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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American Oversight v. EPA (18-cv-00364)

2
EPA-17-0193 and EPA-17-0194-A-000680
ED_001686C _00000772-00002

 "Harmonizing OELs: Commonalities and Differences"
Keynote talk at the annual meeting of the Occupational Toxicology Roundtable. New
Brunswick, New Jersey, October 4, 2015
"Risk assessment and hazard identification for metals"
"Human health case study: mercury exposure and essential metals"
"Human health criteria and standards"
Asian Pacific Economic Conference Workshop on Metals Risk Assessment, Cebu,
Philippines on 28-29th August 2015.
"Hepatotoxicity"
"Cardiac Toxicity"
"Hazard Identification/Dose Response"
"Exposure Assessment/Characterization"
International Workshop On Comprehensive Toxicology, Bengaluru, India, July 27-31, 2015.
"Defining the range of the reference dose: imprecision versus uncertainty"
The TCE Revolution and its Permanent Impact on Environmental Due Diligence, EDR
Insight, National Teleconference/Webinar. June 24, 2015.
"Assessment and management of Elk River, West Virginia drinking water contamination
incident, 2014"
British Toxicology Society Annual Congress, Birmingham, UK, April 20, 2015.
"Hazard & Dose Response Assessment: Roadmaps & Methods for Using 21st Century Data"
Ohio State University, Columbus, Ohio, February 23, 2015.
"Practical Guidance on the Development of a Non-cancer Hazard Range for Effective Risk
Assessment and Risk Management of Contaminated Sites: A Case Study with Trichloroethylene
and Other Chemicals"
Tri-Service Environmental Risk Assessment Work Group, Naval Medical Center,
Portsmouth, VA. Jan. 21, 2015.
"Advances in Assessing Food Additive Safety"
SPI Food, Drug and Cosmetic Packaging Materials Committee. Food Packaging Summit.
New Orleans, LA. Nov. 10-12, 2014.
"Mode of Action and Dose-Response Evaluation of the Effect of Partially Hydrogenated Oils on
LDL-Cholesterol"
SOT-FDA Colloquia on Emerging Toxicological Science Challenges in Food and Ingredient
Safety. Colloquium One. College Park, MD, Live Webcast. Nov. 7, 2014.
"Risk Assessment Roadmaps & Methods for Using 21 st Century Data"
International Institute of Synthetic Rubber Producers, Inc. Houston, Texas. Nov. 6, 2014.
"Advances in Assessing Ingredient Safety"
Workshop on GRAS Determinations. International Society of Regulatory Toxicology and
Pharmacology. Washington, DC. Oct. 14, 2014.
"Case study #3: Partially Hydrogenated Oils (PHOs)"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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American Oversight v. EPA (18-cv-00364)

3
EPA-17-0193 and EPA-17-0194-A-000681
ED_001686C _00000772-00003

 The Role and Use of Nutritional Studies I Evaluating the Safety of a Food or Ingredient.
ILSI North American Special Workshop. Washington, DC. July 22, 2014.
"Dose Response Assessment Boot Camp---Lecture series"
Toxicology Excellence for Risk Assessment (TERA) at Gadjah Mada University,
Yogyakarta, Indonesia. June 13-21, 2014.
"Opportunities and Challenges Posed By the Use of 'omics' data in Risk Assessment of
Mixtures"
Toxicology Risk Assessment Conference (TRAC). Cincinnati, Ohio. April 8, 2014.
"Alliance for Risk Assessment (ARA), EDSP, TCE, Science and Decisions"
Monsanto. St. Louis, MO. April 10, 2013.
"Risk Assessment Roadmaps & Methods for Using 21 st Century Data"
Weight of Evidence Workshop. International Life Sciences Institute (ILSI) North America
Technical Committee on Food & Chemical Safety. Miami, Florida. January 23-24, 2013.
"Advancing human health risk assessment: Charting a Course through committee
recommendations"
Society for Risk Analysis Annual Meeting. San Francisco, CA. Dec. 9-12, 2012.
"How Individual Variability is Currently Factored into Risk Assessment/Regulation/Decision
Making"
Emerging Science for Environmental Health Decisions. The National Academies of Science,
Board on Life Sciences, Board on Environmental Studies and Toxicology. Washington, D.C.
April 18-19, 2012.
"A Hitchhikers Guide to the Galaxy of Practical Risk Assessment"
Resource sharing, partnering, and cooperative science policy resolution. US EPA and Region V
States Vapor Intrusion Video Conference Roundtable. Columbus, OH. April 12, 2012.
"Problem formulation to dose response: Advance via the ARA Beyond Science and Decisions
workshops"
New England Chapter of the Society for Risk Analysis. Boston, MA. January 24, 2012.
"Risk Analysis on the Coast"
Society for Risk Analysis Annual Meeting. Charleston, SC. Dec. 4-7, 2011.
"Current Environmental Risk Assessment: Getting ready for Century 21"
Association of Government Toxicologists. Washington, D.C. March 29, 2011.
"Risk Assessment"
Global Chemistry. Baltimore, MD. March 22, 2011.
"Peer Review and Consultation Program"
American Chemistry Council. Washington, D.C. Feb. 16, 2011.
"Fishbowl"
Risk 21: Realizing the Future of Risk Assessment Workshop. International Life Sciences
Institute. Washington, DC. Jan. 11, 2011.
"Draft Toxicological Review of Hexavalent Chromium"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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American Oversight v. EPA (18-cv-00364)

4
EPA-17-0193 and EPA-17-0194-A-000682
ED_001686C _00000772-00004

 Environmental Protection Agency's IRIS listening session. Washington, D.C. November 18,
2010.

"Perspectives of Air Pollutants: Health Effects Research Update Session: Risk"
Clean Air Forum. Houston, TX. Nov. 4, 2010.
"A Risk Assessment and Regulatory Agency Perspective on Mixtures Affecting Susceptible
Populations"
Society of Toxicology Annual Meeting. Salt Lake City, Utah. March 6-12, 2010.
"Risk Analysis: The Evolution of a Science"
Society for Risk Analysis Annual Meeting. Baltimore, MD. Dec. 5-10, 2009.
"Environmental Risk in the 21st Century"
International Society of Regulatory Toxicology and Pharmacology. Washington, D.C. Dec.
9, 2009.
"Emerging issues and regulatory challenges and the science of risk assessment"
Keynote talk at the Midwestern States Environmental Consultants Association biannual
meeting. Indianapolis, Indiana. November 3, 2009.
"Making a Successful Transition from Government to Non-Profit Sectors"
Society of Toxicology. Baltimore, MD. March 15-20, 2009.
"Exposure, and Risk Data: Ensuring the Best Science"
Society of Toxicology. Baltimore, MD. March 15-20, 2009.
"Scientific Peer Review: An Overview with Reference to the International Toxicity Estimates
for Risk (ITER) Database"
Society of Toxicology .. Baltimore, MD. March 15-20, 2009.
"A Risk Assessment and Regulatory Agency Perspective on Mixtures Affecting Susceptible
Populations"
Society of Toxicology. Baltimore, MD. March 15-20, 2009.
"Toxicology Excellence for Risk Assessment"
Environmental Council Of States and Department of Defense Sustainability Workgroup.
Washington, D.C. June 20-21, 2007.
"Predicting risk above EPA' s Reference Dose (RID)"
Toxicology and risk assessment conference. Multiple federal agency sponsors. Cincinnati,
Ohio. April 25, 2007.
"Using human data to protect public health"
Toxicology and risk assessment conference. Multiple federal agency sponsors. Cincinnati,
Ohio. April 24, 2007.
"A Historical Perspective on Risk Assessment and Areas for Advancement"
Twenty-Eighth Annual Meeting of the American College of Toxicology. Nov. 11-14, 2007.
"Air toxics: Risk based analysis"
Symposium on air emission from large industrial sources. Endicott House, Multiple sponsors.
August 16-17, 2006.
"What Should We Really Be Worried About?"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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American Oversight v. EPA (18-cv-00364)

5
EPA-17-0193 and EPA-17-0194-A-000683
ED_001686C _00000772-00005

 Seafood & Health '05: Issues, Questions and Answers. Session V. Assessing the Real Risks.
Department of Commerce. Washington, D.C. December 2005.
"Future Use of Default Assumptions and Uncertainty Factors"
Michigan State University, Center for Integrative Toxicology. April 8, 2005.
"Mercury Regulation: Fishing For The Facts About Risk"
States and Nation Policy Summit. American Legislative Exchange Council. Washington D.C.
December 3, 2004.
"Acceptable Daily Intakes (ADis) and their Application in the Regulatory Process"
Meeting of the Technical Committee on Food Toxicology and Safety Assessment of the
International Life Sciences Institute. North America. Washington, DC. Nov. 30, 2004.
"Human dose-response assessment of copper"
Science Symposium Update on Science Supporting the EU Voluntary Risk Assessment,
International Copper Association. Rome. May 17, 2004.
"Integration of Toxicity and Molecular Mechanistic Data for Nonlinear Dose-Response
Assessment. Application to Systems Biology and Risk Assessment"
2003 Annual Meeting, Society for Risk Assessment. Baltimore, Maryland. December 10, 2003.
"History of TERA Coordinated Public/Private Partnership on Perchlorate Research"
Perchlorate State-of-the-Science Symposium. University of Nebraska, Center for
Environmental Toxicology. Omaha, Nebraska. September 29, 2003.
"Small Non-Profits in a Big Risk World: Greasing the Wheels of Change"
Featured Meeting Speaker, The Northern California Chapter of the Society for Risk
Analysis. September 25, 2003.
"Risk Assessment"
In: ATSDR and RIVM Expert Panel Meeting on Chemical Risk Assessment and Children's
Health. ATSDR and RIVM, Brussels. June 26, 2003.
"Perchlorate Reference Dose (RID)"
California Environmental Protection Agency. September 26, 2003.
"Differential Sensitivity Of Children And Adults To Chemical Toxicity"
Midwestern States Risk Assessment Symposium. Indiana Department of Environmental
Management. Indianapolis, IN. July 25, 2002.
"Modeling Of Population Variability"
Midwestern States Risk Assessment Symposium. Indiana Department of Environmental
Management. Indianapolis, IN. July 25, 2002.
"Data Derived Replacement Of Default Uncertainty Factor"
Workshop on modeling of population variability. Society of Toxicology. Nashville, TN.
March 19, 2002.
"Stone-Age Toxicity: From Factors of 10 to Compound-Specific Adjustments"
University of Cincinnati Medical Center, Dept. of Environmental Health Seminar. Nov. 2002.
"Does The Use Of Data-Derived Uncertainty Factors Allow Risk Assessors To Describe
Uncertainty More Accurately?"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

6
EPA-17-0193 and EPA-17-0194-A-000684
ED_001686C _00000772-00006

 Fifth Annual Workshop on Evaluation of Default Uncertainty Factors in Health Risk
Assessment, New Jersey Medical School. June 1, 2001.
"Risk Assessment"
HESI Agricultural Chemical Safety Assessment Subcommittee Steering Committee Meeting.
International Life Sciences Institute. Washington, D.C, April 18, 2001.
"Risk Characterization Framework For Non-Lethal Weapons"
Symposium on comparative risk. Society for Risk Analysis. Seattle, WA. December 5, 2001.
"Noncancer Risk Assessment: A 20-Year Perspective"
Ohio Society for Risk Analysis. Noncancer Workshop. Cincinnati. June 13, 2000.
"Approaches to assessing dose response assessment relations"
Chulabhorn Research Institute. Training course on environmental and health risk assessment
and risk management of toxic chemicals, Lak si, Bangkok, Thailand. November 21, 2000.
"Guidelines for Application of Data-Derived Uncertainty Factor in Risk Assessment"
Fourth Annual Workshop of Evaluation of Uncertainty Factors in Health Risk Assessment, New
Jersey Medical School. May 3-4.2000.
"Determining USEP A Reference Doses (RfDs) for Essential Minerals"
University of Ulster. Nutrition & Toxicology Excellence for Risk Assessment Workshop
Series. Northern Ireland. June 18, 1999.
"The Challenges Of Using Common Mechanism Of Toxicity In Chemical Regulation"
Roundtable session. Society of Toxicology. New Orleans, LA. March 17, 1999.
"Extrapolating Data From Adults To Set ULs For Children"
Workshop on upper levels of nutrients. National Academy of Sciences. January 21, 1999.
Incidence and severity in relation to magnitude of intake: mixed effects, categorical regression"
International Life Sciences Institute. Workshop on the significance of excursions of intake
above the ADI. Milan, Italy. April 23, 1998.
"Should there be an international accreditation of toxicologists? Accreditation in the USA"
International Congress of Toxicology. Paris, France. July 8, 1998.
"Quality Issues relating to scientific information"
US. EPA Data Quality and Gaps Workshop. U.S. Environmental Protection Agency.
Washington, D.C. October 19, 1998.
"Noncancer Risk Assessment: Impact of Research on the Underlying Science"
International Society for the Study of Xenobiotics. Hilton Head, South Carolina. October 2630, 1997.
"Alternatives to the NOAEL Approach (BMD, probabilistic approach)"
Federal Institute for Health Protection of Consumers and Veterinary Medicine. Workshop
on Use of Uncertainty Factors in the Risk Assessment Process - New Directions. Berlin,
Germany. May 5-7, 1997.
"Risk Assessment And The Role Of Risk Assessment Guidelines"
Workshop: EPA's neurotoxicity risk assessment guidelines. Society of Toxicology. Cincinnati,
Ohio. March 11, 1997.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

7
EPA-17-0193 and EPA-17-0194-A-000685
ED_001686C _00000772-00007

 "Noncancer Risk Assessment: Impact Of Research On The Underlying Science"
Symposium V: Cancer and noncancer risk assessment. International Society for the Study of
Xenobiotics. October 28, 1997.
"Overview: Classical Risk Assessment"
Risk Assessment in Establishing Upper Reference Levels of Nutrients Workshop. Food &
Nutrition Board, Inst. of Medicine, Washington, DC. July 15-16, 1996.
"ADI, BMD, CEL ...The Alphabet Soup of Methods for Dose Response Assessment"
In: Conference on Advances in Toxicology and Applications to Risk Assessment. ATSDR, U.S.
Army, Air Force, Navy and EPA, Dayton, Ohio. April 25, 1996.
"Overview of EPA' s Reference Dose Methodology"
In: Toxicology Peer Review Board Meeting of the U.S. Army Center for Health Promotion and
Preventive Medicine. Aberdeen Proving Ground, Maryland. January 18,1996.
"Non-Cancer Risk Assessment: Three Practical Methods From A Decade Of Research"
In: New Techniques in Risk Assessment. International Business Communication. Orlando,
Florida. February 15, 1996.
"Evolution of Science-based Uncertainty Factors in Noncancer Risk Assessment"
The 2nd Annual Workshop on the Evaluation of EPA lOX Safety Factors in Health Risk
Assessment. New Jersey Medical School. Nutley, NJ. December 6, 1996.
"Noncancer Hazard Identification and Dose Response Assessment, Part 2"
In: Risk assessment. University of Cincinnati, College of Medicine. April 18, 1996.
"Dose Response Class Exercise: Aroclor"
In: Risk assessment. University of Cincinnati, College of Medicine. April 30, 1996.
"Introduction to Risk Assessment"
In: Risk assessment. University of Cincinnati, College of Medicine. March 26, 1996.
"Systemic Toxicants, Cross Route Extrapolation, Complex Mixhires"
In: Risk assessment. University of Cincinnati, College of Medicine. May 23, 1995.
"On Reference Dose and Its Underlying Toxicity Data Base"
Health Canada. Threshold of Regulation Workshop. Ottawa, Canada. March 28, 1995.
"Presentation of Ongoing Work on Characterization of Distributions of Data which Serve as the
Basis for Uncertainty Factor" Health Canada. Planning Meeting on Uncertainty Factors.
Ottawa, Canada. March 18, 1995.
"Advances in Research Used as an Adjunct to Toxicity Testing: EPA Perspective"
In: Regulatory Update: EPA Regulation and Test Requirements. American College of
Toxicology. Annual Meeting. Vienna, Virginia. November 12, 1995.
"Alternatives To The RID: What Are We Getting And How Much Effort Does It Cost?"
Interagency Risk Assessment Committee. State of New Jersey. April 25, 1994.
"Panel Discussion"
In: Issues in reproductive and developmental risk assessment-boron toxicity as a test case.
Annual Winter Toxicology Forum. February 22, 1994.
"Regulatory Considerations of the U.S. EPA"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

8
EPA-17-0193 and EPA-17-0194-A-000686
ED_001686C _00000772-00008

 In: Biological effects of low level exposures (BELLE) and potential implications for regulatory
decision-making. American College of Toxicology. Annual Meeting. October 26, 1994.
"Noncancer Improvements Discussion Panel"
In: Health effects & risk assessment associated with noncarcinogenic, radioactive and mixed
waste. Air & Waste Management Association. 87th Annual Meeting. June 23, 1994.
"Evaluating Subpopulations: Fish Consumption Advisory Methodology"
In: EPA Workshop on challenges in Risk Characterization. U.S. Environmental Protection
Agency, Cincinnati. September 8, 1994.
"Inherent Imprecision of RID"
In: EPA Regional Risk Assessors' Meeting. U.S. Environmental Protection Agency, Boston,
MA. April 27th, 1994.
"New Methods: Benchmark Dose"
In: EPA Regional Risk Assessors' Meeting. U.S. Environmental Protection Agency, Boston,
MA. April 26th, 1994.
"Components of Risk Assessment"
In: Risk assessment. University of Cincinnati, College of Medicine. March 29, 1994 (This
same lecture was also given an additional two times at the Cincinnati State Technical and
Community College on September 27th and November 15th).
"How Toxicity Data Are Used in the Process of Hazard Identification and Dose-Response
Assessment"
In: Basic Risk Assessment: Current Developments. Continuing Education Course. Society of
Toxicology. New Orleans, LA. March 14, 1993.
"Modifying Uncertainty Factors for Noncancer Endpoints"
In: Advanced Topics in Risk Assessment. Continuing Education Course. Society of Toxicology.
New Orleans, LA. March 14, 1993.
"Noncancer Risk Assessment"
In: Course entitled "Introduction to Risk Assessment." University of Kentucky. Lexington,
Kentucky. July 28, 1993.
"Noncancer Risk Assessment Science"
In: Risk Assessment and the Environment Series. Harvard Center for Risk Analysis. Harvard
School of Public Health. Boston, MA. February 16, 1993.
"Statistical Research Planning of the Environmental Criteria and Assessment Office"
In: Workshop on Office of Research and Development Statistical Needs. U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina. May 12, 1993.
"EP A's Integrated Risk Information System"
International Programme on Chemical Safety, World Health Organization. Geneva,
Switzerland. June 17, 1993.
"Noncancer Dose-response and Risk Characterization"
In: Course on Environmental Health Risk Assessment. Nofer Institute of Occupational
Health, Lodz, Poland. March 31, 1993.
"Most Important Problems Encountered in Quantitative Risk Assessment at the National or
International Level"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

9
EPA-17-0193 and EPA-17-0194-A-000687
ED_001686C _00000772-00009

 In: Meeting on Consultation on Guiding Principles and Methodology for Quantitative Risk
Assessment in Setting Exposure Limits. International Programme on Chemical Safety,
World Health Organization, Langen, Germany. January 19, 1993.
"Risk above the Reference Dose (RID) Benchmark Dose (BMD)"
In: Conference on the Risk Assessment Paradigm after Ten Years. U.S. Army, Air Force, Navy
and EPA, Dayton, Ohio. April 7, 1993.
"Benchmark Dose Approach to Risk Assessment"
In: Federal-State Toxicology and Risk Analysis (FSTRAC) Fall Meeting. Washington D.C.
December 1-3, 1993.
"Overview of Alternatives to Benchmark Dose"
In: Workshop on Benchmark Dose Methodology. Public workshop sponsored by U.S.
Environmental Protection Agency, American Industrial Health Council, and International
Life Sciences Institute. Fairfax, Virginia. September 28-30, 1993.
"Development of RfDs and the IRIS Process"
In: Cincinnati Fornm on Dose Response Issues of Risk Assessment for Trivalent and Hexavalent
Chromium Salts. Public workshop sponsored by U.S. Environmental Protection Agency.
Cincinnati, Ohio. August 19, 1993.
"The Use of Threshold Limit Values for Determining Community Standards: Current Issues"
In: Tutorial Session on Threshold Limit Values and Biological Exposure Indices. 11th
International System Safety Conference. Ohio Chapters of both the System Safety Society
and the Society for Risk Analysis. Cincinnati, Ohio. July 29, 1993.
"The IRIS Process"
In: Cincinnati Fornm on Boron Containing Chemicals: Risk Factors and Characterizations.
Public workshop sponsored by U.S. Environmental Protection Agency. Cincinnati, Ohio.
Febrnary 11, 1993.
"Introduction to Risk Assessment"
In: Tutorial Session on Environmental and Occupational Risk Assessment and Risk
Communication. 11th International System Safety Conference. Ohio Chapter of the System
Safety Society. Cincinnati, Ohio. July 29, 1993.
"The U.S. EPA's Use of Uncertainty Factors"
In: Workshop on Safety Assessment for Non-Cancer Endpoints: The Benchmark Dose and Other
Possible Approaches. California EPA, U.S. EPA and U.S. Agency for Toxic Substances and
Disease Registry, Tiburon, California, May 12, 1992.
"Risk Assessment: Who needs it?"
All-Ohio Safety and Health Congress and Exhibit. Cincinnati, Ohio. April 1, 1992.
"Bridging the Chasm: Breakthroughs Needed in Noncancer Risk Assessment"
In: Kettering Seminar Series. University of Cincinnati, College of Medicine. Cincinnati, Ohio.
January 22, 1992.
"Role of Risk Analysis and Risk Management in the U.S"
In: 3rd U.S.-Japan Governmental Conference on Drinking Water Quality Management.
Governments of the United States and of Japan, Cincinnati, Ohio. September 22, 1992.
"The Reference Dose"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

10
EPA-17-0193 and EPA-17-0194-A-000688
ED_001686C _00000772-00010

 In: Conference on Trace Elements in Health and Disease. International Society for Trace
Element Research in Humans and Nordic Trace Element Society, Stockholm, Sweden. May
27, 1992.
"Novel Approaches to the Estimation ofNoncancer Health Risk"
International Programme on Chemical Safety, World Health Organization, Geneva,
Switzerland. January 16, 1992.
"The Reference Doses for Chromium"
In: Workshop on Risk Assessment of Essential Elements. Public workshop sponsored by U.S.
Environmental Protection Agency, Agency for Toxic Substances and Disease Registry, and
International Life Sciences Institute, Herdon, Virginia. March 12, 1992.
"The Reference Dose"
In: Workshop on Risk Assessment of Essential Elements. Public workshop sponsored by U.S.
Environmental Protection Agency, Agency for Toxic Substances and Disease Registry, and
International Life Sciences Institute. Herdon, Virginia. March 10, 1992.
"Novel Approaches to the Estimation ofNoncancer Health Risk: Probabilistic RIDs, Benchmark
Dose, and Severity Modeling"
In: Workshop on Risk Assessment for N oncarcinogens. Health and Welfare Canada, Tunney's
Pasture, Ottawa. April 29, 1991.
"Novel Approaches to Noncancer Health Risk Assessment"
In: EPA Regional Risk Assessors' Meeting. U.S. Environmental Protection Agency, Denver,
Colorado. June 25, 1991.
"Risk Communication-A Challenge for the l 990's and Beyond"
System Safety Society. Cincinnati, Ohio. August 5, 1991.
"Quantitative Risk Assessment: The Reference Dose (RID) and Research to Improve this Model
Including the Use of Average Uncertainty Factors"
In: Symposium on Neurotoxicity Risk Assessment: State of the Art. Society of Toxicology.
Dallas, Texas. March 1, 1991.
"Novel Approaches for Quantitative Assessment of Risks for Noncancer Effects"
Boston Risk Assessment Group and New England Chapter of the Society for Risk Analysis.
Boston, Massachusetts. February 12, 1991.
"Impact of Risk Related Concerns on the EPA Programs"
In: Advanced Research Workshop on Nitrate Contamination: Exposure, Consequences and
Control. North Atlantic Treaty Organization (NATO), Lincoln, Nebraska. September 14,
1990.
"How Are Environmental Criteria Developed?"
In: A course entitled "Environmental and Occupational Health Risk Assessment and Risk
Management." Developed for City of Cincinnati Council and other local decision-makers.
Cincinnati, Ohio. May 3, 1990.
"Non-carcinogenic Risk Assessment"
In: Risk Assessment Workshop. Federal-State Toxicology and Regulatory Alliance
Committee. Washington D.C. April 19, 1990.
"Risk above the RID and Benchmark Dose Procedures"
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

11
EPA-17-0193 and EPA-17-0194-A-000689
ED_001686C_00000772-00011

 In: Workshop to Discuss Noncancer Risk Assessment Methods/Data Needs to Support the New
Clean Air Act Amendments. U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina. July 23, 1990.
"Reference Dose (RID)"
In: Workshop to Discuss Noncancer Risk Assessment Methods/Data Needs to Support the New
Clean Air Act Amendments. U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina. July 23, 1990.
"Guidelines Used to Assess Toxicological Hazards: Quantification Issues"
In: Symposium on Access and Use oflnformation Resources in Assessing Health Risks from
Chemical Exposure. Oak Ridge National Lab and U.S. Environmental Protection Agency,
Knoxville, Tennessee. June 28, 1990.
"How Statutes and Executive Orders Affect the Use of Scientific Information"
In: Regulation Development in EPA Course. U.S. Environmental Protection Agency,
Washington, D.C. June 20, 1990.
"Risk Assessment and Its Uses: Directions of New Research"
National Institute of Occupational Safety and Health (NIOSH), Cincinnati, Ohio. June 20,
1989.
"Health Risk Assessment: Chronic Reference Dose"
In: Washington Conference on Risk Assessment. Center for Energy and Environmental
Management. Washington, D.C. September 26, 1989.
"EP A's Approach to Developing Acceptable Air Quality Criteria"
In: 4th Annual Conference. HAZTECH International. Cincinnati, Ohio. September 13, 1989.
"The Underlying Basis of Risk Management Decisions"
In: 4th Annual Conference. HAZTECH International. Cincinnati, Ohio. September 12, 1989.
"Derivation of Risk Values by EPA"
Hazardous Materials Management Conference and Exhibition/Central. Rosemont, Illinois.
March 15, 1989.
"The Reference Dose"
American Industrial Hygiene Association, Annual Toxicology Symposium. Williamsburg,
Virginia. August 16, 1988.
"Reference Dose: Description and Use in Health Risk Assessments"
In: 54th Annual Meeting. American Mosquito Control Association. Denver, Colorado.
February 2, 1988.
"Use of Uncertainty Factors for Reference Dose"
In: Workshop on the Use of the EPA Tools in State Risk Assessment. National Governors'
Association. Copper Mountain, Colorado. May 4-6, 1988.
"Development of Oral Reference Doses"
In: Workshop on EPA's Integrated Risk Information System: Access, Use, and Interpretation.
U.S. Environmental Protection Agency, Lexington, Massachusetts. July 22, 1987.
"The Systemic Toxicity of Air Pollutants: New Directions in Health Risk Assessment"
In: Session 100: Balanced Approach to Risk Assessment. Annual Meeting. Air Pollution
Control Association. New York, New York. June 22, 1987.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

12
EPA-17-0193 and EPA-17-0194-A-000690
ED_001686C _00000772-00012

 "Safety Factors in Non-Carcinogenic Risk"
In: Workshop on Reducing Uncertainty in Risk Assessment. Michigan State University. East
Lansing, Michigan. May 18, 1987.
"New Development in the Derivation and Application of Acceptable Daily Intake Values"
In: Workshop on Approaches to Ecological and Human Health Risk Analysis for Disposal of
Contaminated Sediments and Human Consumption of Contaminated Seafood. U.S.
Environmental Protection Agency and U.S. Department of the Army, Seattle, Washington,
December 16, 1985.
"Human Health Assessment"
In: Workshop of Water Quality-Based Toxics Control. U.S. Environmental Protection
Agency, Philadelphia, Pennsylvania. November 14, 1985.
"Systemic Health Hazard Assessment"
In: Workshop on Human Health Criteria. U.S. Environmental Protection Agency,
Philadelphia, Pennsylvania. October 3, 1985.
"Novel Methods for the Estimation of Acceptable Daily Intake"
In: Course entitled "Risk Assessment 101." U.S. Environmental Protection Agency,
Washington, D.C. February 19, 1985.
"Use of Risk Assessment to Set Safe Levels"
In: Conference on Emerging Issues in Environmental Analysis and Planning: Implication for
Professional Education. University of Cincinnati, U.S. Army Corps of Engineers and the U.S.
Environmental Protection Agency. Cincinnati, Ohio. April 12, 1985.
"Environmental Risk Assessment"
In: Course on Applied Toxicology. University of Cincinnati, College of Medicine. Cincinnati,
Ohio. April 6, 1984.
"Toxicity Risk Assessment"
U.S. Environmental Protection Agency, Atlanta, Georgia. July 7, 1984.
"The Regulatory History and Experimental Support of Uncertainty (Safety) Factors"
In: Workshop on Toxic Air Pollution: A Regulatory Challenge. State and Territorial Air
Pollution Control Officials. Washington, D.C. October 10-12, 1984.
"Traditional Means of Assessing the Safety of Non-carcinogens"
In: Symposium on Federal Regulation of Carcinogens. American Chemical Society.
Washington, D.C. August 30, 1983.
"The U.S. Environmental Protection Agency Perspective of Qualitative Risk Assessment"
In: Course on Applied Toxicology. University of Cincinnati, College of Medicine. Cincinnati,
Ohio. March 30, 1983.
"EPA Criteria Documents"
In: Fifth Annual Course in the Principles and Practices of Genetic Toxicology. Division of
Environmental Toxicology. University of Texas Medical Branch. Galveston, Texas. 1980.
"Quantitative Considerations in Urethane Induced Neoplasia"
In: Toxicology Division Seminars Series. University of Cincinnati, College of Medicine.
Cincinnati, Ohio. October 25, 1979.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

13
EPA-17-0193 and EPA-17-0194-A-000691
ED_001686C _00000772-00013

 "Some Quantitative Aspects of Chemical Carcinogenesis II"
In: Toxicology Division Seminar Series. University of Cincinnati, College of Medicine.
Cincinnati, Ohio. February 2, 1979.
"Some Quantitative Aspects of Chemical Carcinogenesis I"
In: Toxicology Division Seminar Series. University of Cincinnati, College of Medicine.
Cincinnati, Ohio. March 7, 1978.
"Computer Simulation Studies on Kehoe's Lead Data"
In: Toxicology Division Seminar Series. University of Cincinnati, College of Medicine.
Cincinnati, Ohio. May 14, 1977.
"A New Approach to Minimum Toxic Dose"
In: Toxicology Division Seminar Series. University of Cincinnati, College of Medicine.
Cincinnati, Ohio. February 25, 1976.

I also have given over 50 formal, but uninvited, presentations (e.g., abstracts at the
scientific annual meetings).

RESEARCH: RISK ASSESSMENT PUBLICATIONS (Selected)
Richard A. Becker, Vicki Dellarco, Jennifer Seed, Joel M. Kronenberg, Bette Meek, Jennifer
Foreman, Christine Palermo, Chris Kirman, Igor Linkov, Rita Schoeny, Michael Dourson, Lynn
H. Pottenger, and Mary K. Manibusan. 2017. Quantitative weight of evidence to assess
confidence in potential modes of action. Regulatory Toxicology and Pharmacology,
86:205-220.
Michael Dourson and Raymond G York. 2016. Advances in Assessing Ingredient Safety.
Regulatory Toxicology and Pharmacology. 79:Sl 12-Sl 18.
Michael Dourson, Bernard Gadagbui, Rod Thompson, Edward Pfau, and John Lowe. 2016.
Managing Risks ofNoncancer Health Effects at Hazardous Waste Sites: A Case Study Using the
Reference Concentration (RfC) of Trichloroethylene (TCE). Regulatory Toxicology and
Pharmacology 80:125-133.

Ted W. Simon, Yiliang Zhu, Michael L. Dourson, Nancy B. Beck. 2016. Bayesian methods for
uncertainty factor application for derivation of reference values. Regulatory Toxicology and
Pharmacology 80:9-24.
Dourson, Michael, Chinkin, Lyle, MacIntosh, D.L., Finn, Jennifer, Brown, Kathleen, Reid,
Stephen, Martinez, Jeanelle. 2016. A Case Study of Potential Human Health Impacts from
Petroleum Coke Transfer Facilities. Journal of the Air & Waste Management Association May.
DOI: 10.1080/10962247.2016. l 180328.

Nancy B. Beck, Richard A. Becker, Neeraja Erraguntla, William H. Farland, Roberta L. Grant,
George Gray, Christopher Kirman, Judy S. LaKind, R. Jeffrey Lewis, Patricia Nance, Lynn H.
Pottenger, Susan L. Santos, Stephanie Shirley, Ted Simon, Michael L. Dourson. 2016.
Approaches for describing and communicating overall uncertainty in toxicity characterizations:
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

14
EPA-17-0193 and EPA-17-0194-A-000692
ED_001686C _00000772-00014

 U.S. Environmental Protection Agency's Integrated Risk Information System (IRIS) as a case
study. Environment International 89-90 (2016) 110-128. (regulatory and safety

evaluation paper of the year, Society of Toxicology, Regulatory and Safety
Evaluation Specialty Section)
Greenberg M, Goldstein BD, Anderson E, Dourson M, Landis W, North DW. 2015. Whither
Risk Assessment: New Challenges and Opportunities a Third of a Century After the Red Book.
Risk Analysis, 35(11): 1959-1968.
Nance, P., 0. Kroner, L. Haber andM. Dourson. 2015. Assessing Risks to Human Health. In
Reference Module in Biomedical Sciences (Online). In-Press.
Dankovic DA, Naumann BD, Maier A, Dourson ML, Levy LS. 2015. The Scientific Basis of
Uncertainty Factors Used in Setting Occupational Exposure Limits. J Occup Environ Hyg. 2015
Nov 25; 12 Suppl 1:55-68
Cope, Rhian B., Sam Kacew, Michael Dourson. 2015. A reproductive, developmental and
neurobehavioral study following oral exposure of tetrabromobisphenol A on Sprague-Dawley
rats. Toxicology 329 (2015) 49-59.
Dourson, M., Reichard, J., Nance, P., Burleigh-Flayer, H., Parker, A., Vincent, M., McConnell,
E.E. 2014. Mode of action analysis for liver tumors from oral 1,4-dioxane exposures and
evidence-based dose response assessment. Regul.Toxicol. Pharm. 68(3): 387-401.

Cope, R., Nance, P., Dourson, ML. 2014. "Chapter 4. Human Health Risk Assessment
of Inhaled Materials." IN: Salem, H., Katz, S., eds. Inhalation Toxicology, 3rd Edition,
CRC Press.
Juberg, D.R., Borghoff, SJ., Becker, R.A., Casey, W., Hartung, T., Holsapple, M.P., Marty,
S.M., Mihaich, E.M., Van Der Kraak, G., Wade, M.G., Willett, C.E., Anderson, M.E., Borgert,
C.J., Cody, K.K., Dourson, M.L., Fowle, J.R., Gray, L.E. Lamb, J.C., Ortego, L.S., Schug, T.T.,
Toole, C.M., Zorrilla, L.M., Kroner, O.L., Patterson, J., Rinckel, L.A., Jones, B.R. 2014.
Workshop Report, Lessons Learned, Challenges, and Opportunities: The US. Endocrine
Disrnptor Screening Program. ALTEX, ALTES. ALTES, 31:63-78, January. Workshop Report
is now available via open access publication in AL TEX.
Rosen, JS; Whelton, AJ; McGuire, MJ; Clancy, JL; Bartrand, T; Eaton, A; Patterson, J;
Dourson, M, Nance, P; Adams, C. 2014. The crude MCHM chemical spill in
Charleston, W.Va. Journal AWWA. Vol. 106:65-74w
Patterson J., Maier A, Kohrman-Vincent M, and ML Dourson. 2013. Peer consultation on
relationship between PAC profile and toxicity of petroleum substances. Reg. Tox and Pharm,
Volume 67: S86-S93.
Dourson, M, Becker, R.A., Haber, L.T., Pottenter, L.H.,Bredfeldt, T., Fenner-Crisp, P. 2013.
Advancing Human Health Risk Assessment: Integrating Recent Advisory Committee
Recommendations. Crit. Rev. Toxicol. 43(6): 467-92 (doi: 10.3109/10408444.2013.807223).
Dourson, M., Gadagbui, B., Griffin, S., Garabrant, D.H., Haws, L.C., Kinnan, C. and Tohyama,
C. 2013. The importance of problem formulations in risk assessment: A case study involving
dioxin-contaminated soil. Reg. Toxicol.Pharmcol. 66(2): 208-216.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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American Oversight v. EPA (18-cv-00364)

15
EPA-17-0193 and EPA-17-0194-A-000693
ED_001686C _00000772-00015

 Hasegawa R, Hirata-Koizumi M, Dourson ML, Parker A, Ono A, Hirose A. 2013. Safety
assessment of boron by application of new uncertainty factors and their subdivision. Regul.
Toxicol. Pharmacol. 65:1, 108-114.
Haber LT, JE Strawson, A Maier, IM Baskerville-Abraham, A Parker, ML Dourson. 2013.
"Noncancer Risk Assessment: Principles and Practice in Environmental and Occupational
Settings." In: Bingham, E., and B. Cohrssen, eds. Patty's Toxicology, 6th Edition, Volume 5.
John Wiley and Sons Inc.
Meek, M.E., Bolger, M., Bus, J.S., Christopher, J., Conolly, R.B., Lewis, R.J., Paoli, G.,
Schoeny, R., Haber, L.T., Rosenstein A.B., Dourson, ML. 2013. A Framework for Fit-forPurpose Dose Response Assessment. Regul. Toxicol. Pharmacol. 66(2): 234-40 (doi:
10.1016/j .yrtph 2013.03.012.
Maier, A., Kohrman-Vincent, M., Hertzberg, R., Dourson, M., Haber, L.T and Allen, B. 2012.
Critical review of dose-response options for F344 rat mammary tumors for acrylamide Additional insights based on mode of action. Food Chem. Toxicol. 50:5, 1763-1775.
Nance P, Patterson J, Willis A, Foronda N, Dourson M. 2012. Human Health Risks from
Mercury Exposure from Broken Compact Fluorescent Lamps. Reg. Tox. Pharm: 62(3): 542-552.
Patterson J, Maier A, Kohrman-Vincent M, Dourson ML. 2012. Peer consultation on relationship
between PAC profile and toxicity of petroleum substances. Regul. Toxicol. Pharmacol: pii:
S0273-2300( 12)00224-3.
Rider CV, Dourson M, Hertzberg RC, Mumtaz MM, Price PS, Simmons JE. 2012. Incorporating
nonchemical stressors into cumulative risk assessments. Toxicol Sci: 127 ( 1):10-7.
Rhomberg LR, JE Goodman, LT Haber, M Dourson, ME Andersen, JE Klaunig, B Meek, PS
Price, RO McClellan, SM Cohen. 2011. Linear low-dose extrapolation for noncancer health
effects is the exception, not the rule. Critical Reviews in Toxicology: 41(1): 1-19.
Dourson, Mand Haber, L. 2010. Linear Low-Dose Extrapolation. In: Cancer Risk Assessment.
Ching-Hung Hsu and Todd Stedeford, ed. John Wiley &Sons.
Dourson, ML., M.J. Kohrman-Vincent, B.C. Allen and W.S. Cain. 2010. Dose Response
Assessment from Effects of Acute Exposure to Methyl Isothiocyanate (MITC). Reg. Toxicol.
Pharmacol: 58(2): 181-188. Available on line.
Dourson, M 2010. U-Shaped Dose-response Curves: Implications for Risk Characterization of
Essential Elements and Other Chemicals. J. of Tox. and Env. Health, Part A, 73 (2), 181-186.
Cain, W., M. L. Dourson, M.J. Kohrman-Vincent and B.C. Allen. 2010. Human Chemosensory
Perception of Methyl Isothiocyanage: Odor and Chemesthesi. Reg. Toxicol. And Pharmacol:
58(2): 173-180. Available online.
Chambers A, Krewski D, Birkett N, Plunkett L, Hertzberg R, Danzeisen R, Aggett PJ, Starr TB,
Baker S, Dourson M, Jones P, Keen CL, Meek B, Schoeny R, Slob W. 2010. An exposureresponse curve for copper excess and deficiency. J Toxicol Environ Health B Crit Rev. 2010
Oct; 13(7-8): 546-78.
Gadagbui, B; Maier, M; Dourson, M; Parker, A; Willis, A; Christopher, JP; Hicks, L; Ramasany,
S; Roberts, SM. 2010. Derived Reference Doses (RfDs) for the Environmental Degradates of the
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 Herbicides Alachlor and Acetochlor: Results of an Independent Expert Panel Deliberation.
Regulatory Toxicology and Pharmacology 57:220-234.
Hasegawa R, HK Mutsuko, ML Dourson, A Parker, LM Sweeney, A Nishikawa, M Yoshida, A
Ono, A Hirose. 2010. Proposal of new uncertainty factor application to derive tolerable daily
intake. Regul. Toxicol. Pharmacol. 58(2): 237-242.
Nance, P., Kroner, 0., Haber, L. andDourson, M. 2010. Assessing Risks to Human Health. In:
The Occupational Environment: Its Evaluation, Control and Management. yct Ed., AIHA Press,
D. Anna, ed.
Zhao, Q.J., Haber, L. Kohrman-Vincent, M., Nance, P., Dourson, M 2010. Quantitative
modeling in noncancer risk assessment. In: Quantitative Modeling in Toxicology, John Wiley,
K. Krishnan and M.E. Anderson, ed.

Dourson, M, Hertzberg, R., Allen, B., Haber, L., Parker, A., Kroner, 0., Maier, A. and
Kohrman, M. 2008. Evidence-Based Dose Response Assessment for Thyroid Tumorigenesis
from Acrylamide. Regulatory Toxicology and Pharmacology 52 (2008) 264-289.
Wullenweber, A; Kroner, O; Kohrman, M; Maier, A; Dourson, M; Rak, A; Wexler, P;
Tomljanovic, C. 2008. Resources for global risk assessment: The International Toxicity
Estimates for Risk (ITER) and Risk Information Exchange (RiskIE) databases, Toxicol. Appl.
Pharmacol. 233: 45-53.
Hays, SM; Aylward, LL; LaKind, JS; Bartels, MJ; Barton, HA; Boogaard, PJ; Brunk, C; DiZio,
S; Dourson, M; Goldstein, DA; Lipscomb, J; Kilpatrick, ME; Krewski, D; Krishnan, K;
Nordberg, M; Okino, M; Tan, YM; Viau, C; Yager, JW. 2008. Guidelines for the derivation of
Biomonitoring Equivalents: report from the Biomonitoring Equivalents Expert Workshop. Regul
Toxicol Pharmacol. 51(3 Suppl):S4-15.

Dourson, M.L. and Parker, A. 2007. Past and Future Use of Default Assumptions and
Uncertainty Factors: Default Assumptions, Misunderstandings, and New Concepts. Hum Ecol
Risk Assess. 13(1 ):82-88.
Hasegawa R, Hirata-Koizumi M, Dourson M, Parker A, Hirose A, Nakai S, Kamata E, Ema M.
2007. Pediatric susceptibility to 18 industrial chemicals: A comparative analysis of newborn with
young animals. Regul Toxicol Pharmacol. 47(3):296-307. (Risk assessment paper of the

year, Society of Toxicology, Risk Assessment Specialty Section)
Stedeford T, Zhor J, Dourson ML, Banasik M, Hsu CH. 2007. The Application of NonDefault Uncertainty Factors in the U.S. EPA's Integrated Risk Information System
(IRIS). Part I: UF(L), UF(S), and "Other Uncertainty Factors". J Environ Sci Health C
Environ Carcinog Ecotoxicol Rev. 25(3):245-79.
Stem, B.R., M. Solioz, D. Krewski, P. Aggett, T-C Aw, S. Baker, K. Crump, M Dourson, L.
Haber, R. Hertzberg, C.L. Keen, B. Meek, L. Rudenko, R. Schoeny, W. Slout, T. Starr. 2007.
Copper and Human Health: Biochemistry, Genetics and Strategies for Modeling Dose-Response
Relationships. J. Toxicol. and Environ. Health, Part B. 10(3):157-222.
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 Dourson, Mand D. Drinan. 2006. Sensitive Populations and Risk Assessment. In:
Toxicokinetics in Risk Assessment. Taylor and Francis Publishers. J.C. Lipscomb and E.V.
Ohanian, Eds. Informa health care, New York. Pp. 251-210.
Gadagbui, B.K., L.T. Haber and M.L. Dourson. 2006. Chemical Risk Assessment as Used in
Setting Regulatory Levels or Standards. Chap. 3.3.1 in Transforming Sustainability Strategy
into Action: The Chemical Industry, edited by Beth Beloff, Marianne Lines, and Dicksen Tanzil.
Hoboken, NJ: John Wiley & Sons, Inc.

Schoeny, R., L. Haber, and M. Dourson. 2006. Data considerations for regulation of
water contaminants. Toxicology. 221 (2-3): 217-224.
Zhao, Qiyu, M. Dourson and B. Gadagbui. 2006. A Review of the Reference Dose
(RfD) for Chlorpyrifos. Reg. Toxicol. Pharmacol. 44:111-124.
Dolan, D., B. Naumann, E. Sargent, A. Maier, M. Dourson. 2005. Application of the threshold
of toxicological concern concept to pharmaceutical manufacturing operations. Reg. Toxicol.
Pharmacol. 43:1-9.
Fields, C., M.L. Dourson, And J. Borak. 2005. Iodine-deficient vegetarians: A hypothetical
perchlorate-susceptible population? Reg. Tox. Pharmacol. 42(1):37-46.
Lakind, Judy, Robert Brent, Michael Dourson, Sam Kacew, Gideon Koren, Babasaheb
Sonawane, Anita Tarzian, Kathleen Uhl. 2005. Human Milk Biomonitoring Data: Interpretation
and Risk Assessment Issues. Journal of Toxicology and Environmental Health, vol. 68, no. 20.
Zhao, Q., B. Gadagbui and M Dourson. 2005. Lower birth weight as a critical effect of
Chlorpyrifos: A comparison of human and animal data. Reg. Toxicol. Pharmacol. 42:55-63.

Dourson, M, G. Chamley, R. Scheuplein and M. Barkhurst. 2004. Chemicals and Drngs Risk
Assessment: Differential Sensitivity of Children and Adults to Chemical Toxicity. Human and
Ecol. Risk Assessment. 10:21-27.
Zhao, Q; Kan, H; Haber, L; Chen, B; Dourson, M. 2004. Advance in Dose-Response
Analysis. Chinese J. Pharmacology and Toxicology. 18:152-160. Chinese edition.
Patterson, J., P.J. Hakkinen, P.M. Nance, M.L. Dourson, B.J. Klauenberg. 2004. Riot Control
Agents: Issues in Toxicology, Safety, and Health by Eugene J. Olajos (Editor), W. Stopford
(Editor). Chapter 13: An Approach for Assessing and Characterizing Risk from Use of Riot
Control Agents. Pages 259-271.
Strawson, J., Q. Zhao and M. Dourson. 2004. Reference Dose for Perchlorate based on Thyroid
Hormone Change in Pregnant Women as the Critical Effect. Reg. Tox. and Pharm. 39:44-65.
Zhao, Q., K. Hai-Dong, L. Haber, C. Bing-Heng and M Dourson. 2004. Recent Development
in Chemical Risk Assessment. Chin. J. Pharmacol. Toxicol. 18(2):152-160.

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 Dourson, Mand J. Patterson. 2003. A 20-Year Perspective on the Development of Non-Cancer
Risk Assessment Methods. Special Issue of the Journal of Human and Ecological Risk
Assessment Commemorating 20th Anniversary of the NRC's Red Book on Risk Assessment and
Risk Management. Human and Ecological Risk Assessment. 9:1239-1252.
Dourson, M and Maged Younes. 2002. Evolution In Noncancer Risk Assessment - Current
Practice, Controversies, And Challenges. Comments On Toxicology. 7(5-6):399-414.
Dourson, ML., G. Chamley and R. Scheuplein. 2002. Differential Sensitivity Of Children And
Adults To Chemical Toxicity: II. Risk And Regulation. Regulatory Toxicology and
Pharmacology. 35:448-467.
Elder, L., K. Poirier, M Dourson, J. Kleiner, B. Mileson, H. Nordmann, A. Renwick, W. Slob,
K. Walton and G. Wurtzen. 2002. Mathematical Modeling and Quantitative Methods. Food
and Chemical Toxicology. 40:283-326.
Haber, L.T., A. Maier, P.R. Gentry, H.J. Clewell and ML. Dourson. 2002. Genetic
Polymorphisms In Assessing Interindividual Variability In Delivered Dose. Regulatory
Toxicology and Pharmacology. 35: 177-197.
Scheuplein, R., G. Chamley and M.L. Dourson. 2002. Differential Sensitivity Of Children and
Adults To Chemical Toxicity: I. Biological Basis. Regulatory Toxicology and Pharmacology.
35: 429-447.
Anderson P.A., M Dourson, J. Unrine, J. Sheeshka, E. Murkin, and J. Stober. 2002. Framework
and case studies. In: Special issue. Comparative dietary risk: Balance the risk and benefits of
fish consumption. Comments on Toxicology. 8(4-6):431-502. July-December.

Dourson M., P. Price, and J. Unrine. 2002. Health risks from eating contaminated fish. In:
Special issue. Comparative dietary risk: Balance the risk and benefits of fish consumption.
Comments on Toxicology. 8(4-6):399-420. July-December.
Dourson, ML, A.E. Wullenweber, Kenneth A. Poirier. 2001. Uncertainties in the Reference
Dose for Methylmercury. NeuroToxicology. 22 (5) pp. 677-689.
Dourson, M., M. Andersen, L. Erdreich and J. Macgregor. 2001. Using Human Data to Protect
the Public's Health. Reg. Toxicol. Pharmacol. Vol. 33, No. 2, Apr 2001, pp. 234-256.
Haber, L.T., A. Maier, Q. Zhao, J.S. Dollarhide, R.E. Savage and M.L. Dourson. 2001.
Applications of Mechanistic Data in Risk Assessment -- The Past, Present, and Future.
Toxicological Sciences. 61:32-39.
Haber, L.T., Dollarhide, J.S., Maier, A., and Dourson, ML. 2001. Noncancer Risk Assessment:
Principles and Practice in Environmental and Occupational Settings. In: Patty's Toxicology,
Fifth edition. Bingham, E., Cohrssen, and C.H. Powell, ed. Wiley and Sons, Inc.
Meek, B., A. Renwick, E. Ohanian, M. Dourson, B. Lake, B. Naumann and V. Vu. 2001.
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 Guidelines For Application Of Compound Specific Adjustment Factors (CSAF) In
Dose/Concentration Response Assessment. Comments On Toxicology. 7(5-6):575-590.
Haber, L.T., L. Erdreich, G.L. Diamond, A.M. Maier, R. Ratney, Q. Zhao andM.L. Dourson.
2000. Hazard Identification And Dose-Response Oflnhaled Nickel Soluble Salts. Reg. Tox.
Pharmacol. 31:210-230.
Haber, L.T., G.L. Diamond, G.L. Q. Zhao, L. Erdreich and M. L. Dourson. 2000. Hazard
Identification And Dose-Response Oflngested Nickel Soluble Salts. Reg. Tox. Pharmacol.
31:231-241.
Lakind, J.S., M.E. Ginevan, D.Q. Naiman, A.C. James, R.A. Jenkins, M.L. Dourson, S.P. Felter,
C.G. Graves and R.G. Tardiff. 1999. Distribution of Exposure Concentrations and Doses for
Constituents of Environmental Tobacco Smoke. In: Risk Analysis. 19(3):375-390.
Teuschler, L.K., ML. Dourson, W.M. Stiteler, P. Mcclure and H. Tully. 1999. Health risk
above the reference dose for multiple chemicals. Reg. Toxicol. And Pharmacol. 30:S l 9-S26.
Zhao, Q., J. Unrine andM. Dourson. 1999. Replacing the Default Values Of 10 With DataDerived Values: A Comparison of Two Different Data Derived Uncertainty Factors for Boron.
Human and Ecological Risk Assessment. 5(5):973-983.

Dourson, ML., A. Maier, B. Meek, A Renwick, E. Ohanian and K. Poirier. 1998. Re-evaluation
of toxicokinetics for data-derived uncertainty factors. Biological Trace Element research. 66( 13 ): 453-463.
Felter, S.P. and M Dourson. 1998. The Inexact Science of Risk Assessment (and Implications
for Risk Management). Human and Ecol. Risk Assessment. 2:245-251.
Swartout, J., P. Price, M. Dourson, H. Carlson-Lynch and R. Keenan. 1998. A Probabilistic
Framework for the Reference Dose. Risk Analysis. 18(3):271-282.

Dourson, ML., L.K. Teuschler, P.R. Durkin, and W.M. Stiteler. 1997. Categorical Regression of
Toxicity Data: A Case Study using Aldicarb. Reg. Toxicol. Pharmacol. 25:121-129.

Dourson, ML. and S.P. Felter. 1997. Route-to-route extrapolation of the toxic potency of
MTBE. Risk Anal. 25:43-57.
Boyes, W.K., M.L. Dourson, J. Patterson, H.A. Tilson, W.F. Sette, R.C. Macphail, A.A. Li and
J.L. O'Donoghue. 1997. Fund and Applied Toxicology. EPA's Neurotoxicity Risk Assessment
Guidelines. 40 (2): pp.175-184.
Felter, S.P., M. Dourson and J. Patterson. 1997. Chapter 2: Assessing Risks to Human Health
from Chemicals in the Environment. In: Handbook of Environmental Risk Assessment &
Management. P. Calow, Ed. Blackwell Science, Oxford. 9 - 23.
Felter, S.P. and ML. Dourson. 1997. Hexavalent Chromium Contaminated Soils: Options for
Risk Assessment and Risk Management. Reg. Tox. Pharmacol. 25:43-59.
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 Price, P., R. Keenan, J. Swartout, C. Gillis, H. Carlson-Lynch and M Dourson. 1997. An
Approach for Modeling Noncancer Dose Responses with an Emphasis on Uncertainty. Risk
Anal. 17 (4):427-437. (Risk assessment paper of the year, Society of Toxicology,

Risk Assessment Specialty Section)
Dourson, ML., S.P. Felter, and D. Robinson. 1996. Evolution of science-based uncertainty
factors in noncancer risk assessment. Regulatory Toxicol. Pharmacol. 24:108-120.
Cicmanec, J.L., M.L. Dourson and R.C. Hertzberg. 1996. Noncancer risk assessment: Present
and emerging issues. In: Toxicology and risk assessment: Principles, methods, and applications.
A.M. Fan and L.W. Chang (editors). Marcel Dekker, New York, New York. Pages 293-309.

Dourson, ML. and F.C. Lu. 1995. Safety/Risk assessment of chemicals compared for different
expert groups. Biomedical and Environmental Sciences. 8:1-13.
Dourson, ML., 1994. Methodology for Establishing Oral Reference Doses (RfDs). In: Risk
Assessment of Essential Elements. W. Mertz, C.O. Abernathy, and S.S. Olin (editors), ILSI Press
Washington, D.C. Pages 51-61.
Abernathy, C.O. andM.L. Dourson. 1994. Derivation of the Inorganic Arsenic Reference Dose.
In: Arsenic Exposure and Health. W.R. Chappell, C.O. Abernathy and C.R. Cothern (eds.).
Science and Technology Letters, Northwood, England. Pages: 295-303.

Dourson, ML., 1993. The Chromium Reference Doses (RfDs). In: Risk Assessment of
Essential Elements. W. Mertz, C.O. Abernathy, and S.S. Olin (editors), ILSI Press. Washington,
D.C. Pages 207-212.
Beck, B.D., R.B. Conolly, ML. Dourson, D. Guth, D. Hattis, C. Kimmel, and S.C. Lewis. 1993.
Improvements in quantitative noncancer risk assessment. Fundamental and Applied Tox. 20: 114.
Hertzberg, R.C. and ML. Dourson. 1993. Using categorical regression instead of a NOAEL to
characterize a toxicologist's judgment in noncancer risk assessment. In: Toxicology of Chemical
Mixtures: Case Studies, Mechanisms, and Novel Approaches. R.S.H. Yang (editor), Academic
Press, San Diego.

Dourson, ML., Knauf, L.A. and J.C. Swartout, 1992. On reference dose (RID) and its
Underlying Toxicity Database. Toxicology and Industrial Health. 8(3): 171-189.
Farland, W. and M.L. Dourson. 1992. Noncancer health endpoints: Approaches to quantitative
risk assessment. In: Comparative Environmental Risk Assessment, R. Cothern (Editor), Lewis
Publishers, Boca Raton, Florida. Pages 87-106.
Lu, F.C. and M. L. Dourson. 1992. Safety/Risk assessment of chemicals "Principles, Procedures
and Examples. J. Occupational Medicine and Toxicology. 1(4):321-335.

Dourson, M.L., Stem, B., Griffin, S., and K. Bailey. 1991. Impact of Risk-related Concerns on
U.S. Environmental Protection Agency Programs. In: Proceedings from Advanced Research
Workshop on nitrate contamination: exposure, consequences and control. I. Bogardi and R.D.
Kuzelka (editors), North Atlantic Treaty Organization (NATO) ASI Series, Vol. G 30, SpringerVerlag, Berlin, Heidelberg. Pages: 477-487.

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 Dourson, ML. and C.T. DeRosa. 1991. Uncertainty Factors in Establishing "Safe" Levels of
Exposure. In: Statistics in Toxicology, Krewski and Franklin (editors), Gordon and Breach
Science Publishers, New York.
Dourson M.L. 1991. Overview ofEPA's Quantitative Noncancer Guidelines. In: Proceedings of
the 84th Annual Meeting and Exhibition. Air and Waste Management Association. Vancouver,
British Columbia. June 16-21.
Dourson, M.L. and J.M. Clark, 1990. Fish consumption advisories: Towards a Unified,
Scientifically-credible Approach. Regulatory Toxicology and Pharmacology. 12: 161-178.
Jarabek, A.M., Menache, M.G., Overton, J.H., Dourson, ML., and F.J. Miller. 1990. The U.S.
Environmental Protection Agency's Inhalation RID Methodology: Risk Assessment for Air
Toxics. Toxicology and Industrial Health. 6(5):279-301.
DeRosa, C.T., Dourson, M.L., and R. Osborne. 1989. Risk Assessment Initiatives for
Noncancer Endpoints: Implications for Risk Characterization of Chemical Mixtures. Toxicology
and Industrial Health. 5:805-824.
Jarabek, A.M., Menache, M.G., Overton, J.H., Dourson, ML., and F.J. Miller. 1989. Inhalation
reference dose (RIDi): An application of interspecies dosimetry modeling for risk assessment of
insoluble particles. Health Physics. 57: 177-183.
Barnes, D.G., and M.L. Dourson. 1988. Reference Dose (RID): Description and use in health
risk assessments. Regulatory Toxicology and Pharmacology. 8:471-486.
Jarabek, A.M., Dourson, M.L., and L.E. Erdreich. 1987. Inhalation reference dose (RIDi):
Concept and issues related to risk assessment of toxic air pollutants. In: Proceedings of the
APCA Specialty Conference on Regulatory Approaches for Control of Air Pollutants, February
17-20. Atlanta, Georgia. Pages 247-261.
Stara, J.F., R.J.F. Bruins, ML. Dourson, L.S. Erdreich, R.C. Hertzberg, P.R. Durkin and W.E.
Pepelko. 1987. Risk assessment is a developing science: Approaches to improve evaluation of
single chemicals and chemical mixtures. In: Methods for Assessing the Effects of Mixtures of
Chemicals, V.B. Vouk, G.C. Butler, A.C. Upton, D.V. Parke and S.C. Asher, Ed. 1987.
SCOPE. pp 719-743.

Dourson, M. L., 1986. New approaches in the derivation of acceptable daily intake (ADI).
Comments on Toxicology. 1(1):35-48.
Dourson, M. L., R. C. Hertzberg, R. Hartung, and K. Blackbum, 1985. Novel Methods for the
Estimation of Acceptable Daily Intake. Toxicology and Industrial Health. 1(4 ):23-41.
Stara, J.F., Hertzberg, R.C., Bruins, R.J.F., Dourson, M.L., Durkin, R.P., Erdreich, L.S. and W.E.
Pepelko. 1985. Approaches to risk assessments of chemical mixtures. In: Karger Continuing
Education Series Vol. 8: Safety Regulation of Chemicals in the U.S.A., S. Karger AG, Basel.

Dourson, M. L. and J. F. Stara. 1983. Regulatory History and Experimental Support of
Uncertainty Safety) Factors. Regulatory Toxicology and Pharmacology. 3:224-238.
Lee, S. D., M. L. Dourson, D. Mukerjee, J. F. Stara and J. Kaweki. 1983. Assessment of
Benzene Health Effects in Ambient Water. In: Carcinogenicity and Toxicity of Benzene, M.A.
Mehlman (Editor), Princeton Scientific Publisher, Inc. Princeton, NJ. Pages 91-126.

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 Stara, J. F., D. Mukerjee, R. McGaughy, P. Durkin and M. L. Dourson, 1983. The Current Use
of Studies on Promoters and Co-carcinogens in Quantitative Risk Assessment. Environmental
Health Perspectives. 50:359-368.
Dourson, M. L. and E. J. O'Flaherty. 1982. Relationship of Lung Adenoma Prevalence and
Growth Rate to Acute Urethane Dose and Target Cell Number. Journal of the National Cancer
Institute. 69(4):851-857.

O'Flaherty, E. J. andM. L. Dourson. 1982. Relationship between Urethane Dose Rate and
Adenoma Latency: Relevance of tumor growth rate and target cell number. Journal of the
National Cancer Institute, 69(4):859-865.
Stara, J. F., ML. Dourson and C. T. DeRosa. 1981. Water Quality Criteria: methodology and
applications. In: Conference Proceedings in Environmental Risk Assessment: How New
Regulations Will Affect the Utility Industry, Electric Power Research Institute, Palo Alto,
California.
Dourson, M. L. and C. S. Baxter. 1981. Reduced incidence and growth rate of urethane induced
lung adenomas in aging adult strain A mice. Toxicology, 20:165-172.

Manson, J.M., M. L. Dourson and C. C. Smith, 1977. Effects of Cytosine Arabinoside on in
vivo and in vitro Mouse Limb Development. In Vitro, 13(7):434.
I have also co-authored well over 100 documents for the EPA, TERA and others that address
either risk assessments for specific chemicals, or risk assessment methods, and have additional
published manuscripts that are not listed here. I have also written three stories on integrating
science and Biblical text: Messiah's Star, The Beginning, and The Linen Cloths.

RESEARCH: COMMENTARIES (Selected)
Thomas G. Osimitz, Michael L. Dourson, A. Wallace Hayes, and Sam Kacew. 2014.
Crystallographic Analysis and Mimicking of Estradiol Binding: Interpretation and
Speculation. Environmental Health Perspectives. Volume 122 (number 4), April 2014,
page A 91.
Gail Charnley, Thomas Cluderay, Michael Dourson, George Gray, Tom Roberts. The
Perchlorate Debate: Is the Chemical Worth Regulating. 2011. The Environmental
Forum. Nov/Dec. Vol. 28(6), page 46-53.
Haber, L., Maier, A., and Dourson, M. 2006. Using Best Science in Cancer Risk
Assessment, Editorial. Hum Ecol Risk Assess 12(1):1-8.
Strawson, J., M. Dourson, Q. Zhao. 2005. The NAS Perchlorate Review: Is the RfD
Acceptable? 2005. Env. Health Perspect 113(11 ):A729-30; Nov. Author reply A730-2.
Naumann, B., B. Meek, M.L. Dourson, and E. Ohanian. 2005. The Future of Chemical
Specific Adjustment Factors in Risk Assessment. Risk Policy Report. 12(31 ):14.
Strawson, J., Q. Zhao and M. Dourson. 2004. Response to Letter to the Editor.
"Critical Effect of Perchlorate on Neonates is Iodide Uptake Inhibition". Reg. Tax
Pharmacol. 40:378-379.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

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EPA-17-0193 and EPA-17-0194-A-000701
ED_001686C _00000772-00023

 Dourson, ML. 1996. Editorial: Uncertainty Factors in Noncancer Risk Assessment. Reg. Tox.
and Pharmacol. 24, Article No. 0115. p. 107.
Dourson, ML. 1995. How Regulatory Agencies View Biological Effects of Low Level
Exposures. BELLE Newsletter. 4(1):7.
Dourson, M.L. and W. Jordan, 1989. How "Safe" Is the Groundwater that Americans Drink?
Ground Water Monitoring Review, Fall Issue. 9:73-74.
Dourson, M. L., R. C. Hertzberg and J. F. Starn. 1986. Letters to the Editor. Fundamental and
Applied Toxicology. 6:182-184.
O'Flaherty, E. J. andM L. Dourson, 1983. A Reply to Letter to the Editor "Cells of Origin of
Lung Tumors in Mice. Journal of the National Cancer Institute. 70(6):991-992.

SERVICE: SCIENTIFIC SESSIONS CHAIRED OR PLANNED (Selected)
Chair: Well Over 100 Risk Assessment Peer Review Meetings
Since 1986, and to the present, I have chaired well over 100 scientific peer review meetings for
risk assessment documents. Documents have covered a number of topics including risk
assessment methods and assessments including cancer and non-cancer toxicity. These meetings
have been sponsored by a number of organizations through either Toxicology Excellence for
Risk Assessment's (TERA) program of the International Toxicity Estimates for Risk (ITER)
database (for examples, please see www.tera.org/peer), by EPA through its IRIS database (see
www.epa.gov/iris), or by groups such as Versar. These reviews have discussed well over 400
chemicals or risk issues.
Chair: Tox21: Current Progress, Next Steps and Exploring the Concept of a New Center of
Excellence
Society of Toxicology. Baltimore, Maryland. March 12, 2017.
Co-chair: Low-Dose Non-Monotonic Responses
Society of Toxicology. Baltimore, Maryland. March 14, 2017.
Chair: Endocrine Disruption: Research, Analysis, Regulation, & Communication
Society of Toxicology. New Orleans, Louisiana, March 14, 2016.
Chair: Derived No-Effect Levels+ Big Data Toxicology Meeting
Society of Toxicology. New Orleans, Louisiana. March 13, 2016.
Moderator: Can/Should peer-reviewed publications be used to formulate regulatory
policy?
Society of Toxicology. San Diego, California. March 23, 2015.
Chair: Beyond Science and Decisions: From Problem Formulation to Dose Response
Alliance for Risk Assessment. Cincinnati, Ohio. May 9-11, 2015.
Facilitator: Integration of Scientific Evidence to Inform Ozone Effects on Human Health
Texas Commission on Environmental Quality. Austin. Texas. April 8, 2015.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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 Chair: TTC Threshold Levels & TTC Decision Tree
EFSA/WHO workshop on Threshold of Toxicological Concern (TTC). Brussels, Belgium.
December 3-5, 2014.
Chair: Chemical Assessment Advisory Committee for Ammonia
U.S. Environmental Protection Agency (EPA). Washington, D.C. July 14-16, 2014.
Chair: Beyond Science and Decisions: From Problem Formulation to Dose Response
Alliance for Risk Assessment. Austin, Texas. May 20-22, 2014.
Chair: Expert Panel Review of Screening Levels for Exposure to Chemicals From the
January 2014 Elk River Spill
West Virginia Testing Assessment Project. Charleston, West Virginia. March 31, 2014.
Chair: Workshop to Assess the Modes of Action of Lung Tumors in Mice From Exposures
to Styrene Ethylbenzene, and Naphthalene
Styrene Information & Research Center. Cincinnati, Ohio. September 17, 2013.
Chair: Melding Exposure and Toxicology Science I the 21 st Century: Moving from Hazard
to a Risk Based Paradigm
The Toxicology Forum. Aspen, Colorado. July 7-11, 2013.
Co-chair: Advancing Risk Assessment Approaches ... in the 21st Century
The Toxicology Forum. Washington, DC. January 30-Feb. 2, 2012.
Rapporteur: Weight of Evidence Workshop, Session #1: From Review to Inference
Center for Advancing Risk Assessment Science and Policy (ARASP). Washington, DC.
December 4, 2012.
Chair: Soil Exposure: What Have We Learned and How Do We Improve Problem
Formulations for Risk Assessment
The Toxicology Forum. Aspen, Colorado. July 10-14, 2011.
Co-Chair: Determination of the Contribution of Individual Stressors in Cumulative Risk
Assessments
Society of Toxicology Annual Meeting. Salt Lake City, Utah. March 6-12, 2010.
Chair: Fetal and Early-Life Perchlorate Exposures and Outcomes
Symposium. Perchlorate Exposures, Iodine Modulation of Effect, and Epidemiologic
Associations: Implications for Risk Assessment. An Ancillary Program of the Annual Meeting
of the Society of Toxicology. Seattle, Washington. March 2008.
Chair: Perchloroethylene (PERC): Approaches To Evaluating Uncertainty In Health Risk
Assessment
Toxicology Forum. Washington D.C. January 30-February 1, 2007.
Chair: Mechanism/Mode Of Action Analyses
Risk Assessment Methodology Technical Committee, Weight of Evidence Workshop. Health
and Environmental Sciences Institute. Baltimore, Maryland. December 7-8, 2006.
Session Planner and Chair: Issues In Trichloroethylene Risk Assessment
Midwest States Risk Assessment Symposium. Indianapolis, Indiana. August 23, 2006.
Session Planner and Chair: Panel Discussion On Trichloroethylene Toxicity
Midwest States Risk Assessment Symposium. Indianapolis, Indiana. August 25, 2004.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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EPA-17-0193 and EPA-17-0194-A-000703
ED_001686C _00000772-00025

 Chair: Screening Level Assessment Of Exposure And Characterization Of Risk For
Humans
Risk Methodologies External Peer Review Panel Meeting, The Soap and Detergent Association.
Washington, D.C., January 14, 2004.
Chair: A Review of the Reference Dose (RID) and Reference Concentration (RfC)
Processes
External Peer Review for U.S. EPA via Versar. Washington, D.C., June 19, 2002.
Session Planner and Co-Chair: Modeling of Population Variability
Society of Toxicology. Nashville, TN., Tuesday, March 19, 2002.
Co-Chaired Methyl Mercury: Risk Assessment, Policy and Research Needs
Children's Health and the Environment 2000. 19th International Neurotoxicology Conference.
Colorado Springs, Colorado, September 26, 2000.
Session Planner and Co-Chair: Effective Risk Communication: Avoiding the Pitfalls
Continuing Education Course at the Society of Toxicology Annual Meeting, Seattle,
Washington, March 1, 1998.
Lead: Panel Discussion on Information Resources for Toxicology and Environmental
Health
Society of Toxicology, NCAC. George Washington University. Washington, DC, June 18,
1996.
Moderator: Workshop on Toxicity Assessment
At Harmonization of State/Federal Approaches at the Environmental Risk Symposium. Michigan
State University. May 20-21, 1996.
Chair: Session on Risk Assessment
Chromium Symposium. Multiple Sponsors. Arlington, Virginia, April 23-24, 1996.
Session Planner and Co-Chair: Risk Assessment of Essential Trace Elements (ETES)
Society of Toxicology Annual Meeting. Anaheim, California, March 13, 1996.
Session Planner and Chair: Risk Characterization
In: New Techniques in Risk Assessment. International Business Communication. Orlando,
Florida, February 16, 1996.
Session Planner and Chair: EPA's Integrated Risk Information System: Future Directions
In: New Techniques in Risk Assessment. International Business Communication. Orlando,
Florida, February 14, 1996.
Session Planner and Co-Chair: Role of Toxicology in Tomorrow's Risk Assessment
Practices
Sponsored by the Society for Risk Analysis and the International Congress of Toxicology.
Seattle, July 2-6, 1995.
Session Planner and Chair: Techniques for Quantifying Uncertainty in Risk Assessment
Society of Toxicology Annual Meeting, March 19, 1995.
Session Planner and Co-Chair: Statistical and Dose Response Models in Risk Assessment
Society of Toxicology Annual Meeting, March 18, 1995.
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

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EPA-17-0193 and EPA-17-0194-A-000704
ED_001686C _00000772-00026

 Member of the Planning Committee: Workshop on Benchmark Dose Methodology
Sponsored by the EPA, the American Industrial Health Council and the International Life
Sciences Institute, Fairfax, Virginia, September 28-30, 1993.
Session Planner and Co-Chair: Basics of Risk Assessment
In: Conference on the Risk Assessment Paradigm after Ten Years: Policy and Practice Then,
Now, and in the Future. Sponsored by the U.S. Army, Air Force, Navy and EPA, Dayton, Ohio,
April 5, 1993.
Session Planner and Co-Chair: Basic Risk Assessment: Current Developments
Continuing Education Course at the Society of Toxicology Annual Meeting. New Orleans,
Louisiana, March 14, 1993.
Member of the Planning Committee: Risk Assessment of Essential Elements
Sponsored by U.S. ATSDR, EPA and the International Life Sciences Institute. Herndon,
Virginia, March 10-12, 1992.
Session Planner and Co-Chair: Improvements in Quantitative Noncancer Risk Assessment
Society of Toxicology. Seattle, Washington. February 27, 1992.
Session Planner and Co-Chair: Neurotoxicity Risk Assessment: State of the Art
Society of Toxicology. Dallas, Texas. March 1, 1991.
Session Planner and Co-Chair: Improvements in Quantitative Noncancer Risk Assessment
Society of Toxicology. San Francisco, California. February 27, 1985.

SERVICE: APPOINTMENTS OR ELECTIONS (Selected)
2017 to ...

Associate Editor
Toxicological Sciences

2016 to ...

Secretary
Board of Directors, Toxicology Forum

2014 to ...

Vice President Elect, Vice President, President
Society of Toxicology's Specialty Section for Regulatory and Safety Evaluation

2012 to ...

President and Member
Board of Directors, Toxicology Education Foundation

2012 to ...

Member
Science Advisory Council. North American Flame Retardant Association

2011 to ...

Member
Science Advisory Board of the U.S. Environmental Protection Agency (EPA)

2009 to ...

Fellow
Society for Risk Analysis

2007 to ...

Advisor
African Society of Toxicological Sciences

2007 to ...

Fellow

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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EPA-17-0193 and EPA-17-0194-A-000705
ED_001686C _00000772-00027

 Academy of Toxicological Sciences
1999 to ...

Member and Vice Chair (2003)
Health Advisory Board. NSF International

1995 to ...

Member
Editorial Board of the Journal "Regulatory Toxicology and Pharmacology"

1994 to ...

Member
Editorial Board of the Journal "Human and Experimental Toxicology"

2016

Member
Joint Meeting of the Food and Agriculture Organization of the United Nations
(FAQ) Panel of Experts on Pesticide Residues in Food and the Environment and
the World Health Organization (WHO) Core Assessment Group on Pesticide
Residues (JMPR)

2015

Discussant
Increasing the manganese reference value despite the growing environmental
and health concerns, International Manganese Institute, University of Ottawa,
October 14, 2015

2015

Member
Joint Meeting of the Food and Agriculture Organization of the United Nations
(FAQ) Panel of Experts on Pesticide Residues in Food and the Environment and
the World Health Organization (WHO) Core Assessment Group on Pesticide
Residues (JMPR)

2014

Member
World Health Organization & European Food Safety Commission Expert Panel.
Workshop on Review of the Threshold of Toxicological Concern (TTC)
Approach. Brussels, Belgium. December 2-4, 2014.

2011-2014

Member, Co-Chair, Chair
Membership Committee of the Society of Toxicology

2010-2015

Chair
Audit Committee of the Society for Risk Analysis

2010

Faculty
Resource person to the Risk Assessment Summer School (RASS) in Calabar,
Nigeria, sponsored by the International Union of Toxicology, May 26 to 30

2009-2011

Vice President Elect, Vice President, President
Society of Toxicology's Specialty Section on Mixtures

2008-2014

Member and President
Council of Mt. Zion Lutheran Church

2008

Participant, Essential Metals Workshop
Institute of Population Health, University of Ottawa

2008

Member

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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EPA-17-0193 and EPA-17-0194-A-000706
ED_001686C _00000772-00028

 Green Chemistry Initiative Science Advisory Panel, California Environmental
Protection Agency, Department of Toxic Substances Control. San Francisco, CA
2007

Lecturer
Shanghai Municipal Center for Disease Control and Prevention (Shanghai CDC),
National Continuing Education Training Workshop on Chemical Risk
Assessment and Its Development. Shanghai, P.R. China

2006 to 2007 Member
The ECOS and DoD Sustainability Workgroup. Department of Defense,
Washington, D. C.
2006

Panelist
Joint meeting of the dental products panel of the medical devices advisory
committee of the CDRH and the peripheral and central nervous system drugs
advisory committee of the CDER, Food and Drug Administration, September 6-7

2005

Rapporteur
Workshop on Poisons Centres and the Use of Human Data in Consumer Product Risk
Assessment, Work Health Organization (WHO). Berlin, Germany. May 9-10, 2005

2004

Panelist
Technical workshop on human milk surveillance and biomonitoring for
environmental chemicals in the United States. Milton Hershey Medical Center,
Penn State, Pennsylvania, September 24 to 26

2003 to 2006 Member and Chair
World Wide Web Advisory Committee. Society of Toxicology
2003

Panel Member
Mid-Cycle Peer Review for NHEERL' s Neurotoxicology Division, U.S. EPA,
RTP,NC

2001 to 2005 Secretary
Society for Risk Analysis.
2001

Panel Member
Peer Review forNHEERL's Neurotoxicology Division, U.S. EPA, RTP, NC

2000 to 2001 Temporary Advisor
World Health Organization for Consultation on Uncertainty and Variability:
BGVV, Berlin Germany. 9-11 May
2000 to 2001 Advisor and Rapporteur
Food Safety in Europe: Risk assessment of chemicals in food and diet. ILSI:
Barcelona, Spain
1999

Member
Panel for the harmonization of cancer and non-cancer risk assessment. Society of
Toxicology. November 1-3

1999 to 2002 Member
Oversight Group for the EPA Cooperative Agreement. George Washington
University
Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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EPA-17-0193 and EPA-17-0194-A-000707
ED_001686C _00000772-00029

 1999 to 2002 Vice President Elect, Vice President, President and Councilor
Society of Toxicology's Specialty Section on Risk Assessment
1998 to 2004 Executive Director and Treasurer
Concordia Lutheran Church, Cincinnati, Ohio
1996 to 1998 Member
FDA Science Board Subcommittee on Toxicology
1995

Co-Guest Editor
EPA Uncertainty Factor Workshop. Human and Ecological Risk Assessment,
1(5):512-662

1995 to 1999 Member, Treasurer, Vice President, and President (1998)
Board of Directors of the American Board of Toxicology
1995 to 1996 President (first elected)
Dose-Response Specialty Group, Society for Risk Analysis
1995 to 2006 Scoutmaster, Assistant Scoutmaster
Troop 133 of Concordia Lutheran Church, Cincinnati, Ohio
1994 to 2007 Member
Editorial Board of the Journal Human and Ecological Risk Assessment
1994 to 1995 Director, Property Board
Concordia Lutheran Church, Cincinnati, Ohio
1994 to 1995 Cubmaster
Pack 133 of Concordia Lutheran Church, Cincinnati, Ohio
1991 to 1994 President-Elect, President and Councilor
The Ohio Valley Chapter of the Society of Risk Analysis
1993

Member
Committee on Lutheran Mission Ministry Strategy for Greater Cincinnati

1993

Expert Witness
OSHA for Informal Public Hearing on the Proposed Rule on Occupational
Exposure to Glycol Ethers, Washington, D.C., July 21

1993

Temporary Advisor and Joint Rapporteur
World Health Organization for Consultation on Guiding Principles and
Methodology for Quantitative Risk Assessment in Setting Exposures Limits: III,
Geneva, Switzerland, June 14-18

1993

Faculty
As part of an EPA-sponsored delegation to teach a course on Environmental
Management-Risk Assessment Training, Lodz, Poland, March 29-April 2

1993

Temporary Advisor
World Health Organization for Consultation on Guiding Principles and
Methodology for Quantitative Risk Assessment in Setting Exposures Limits: II,
Langen, Germany, January 19-22

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

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EPA-17-0193 and EPA-17-0194-A-000708
ED_001686C _00000772-00030

 1992

Temporary Advisor and Co-Vice Chair
World Health Organization for Consultation on Guiding Principles and
Methodology for Quantitative Risk Assessment in Setting Exposures Limits: I,
Geneva, Switzerland, January 14-17

1990 to 1993 Vice President and President
Academy of Kettering Fellows. University of Cincinnati, College of Medicine
1988 to 1992 Councilor
The Ohio Valley Chapter of the Society of Toxicology
1988 to 1990 Vice President (interim), President (first elected) and Councilor
Society of Toxicology's Specialty Section on Risk Assessment
1987 to 1992 Chair
EPA Risk Assessment Forum's technical panel to develop Risk Assessment
Guidelines for Non-Cancer Health Effects
1986 to 1993 Treasurer, Vice President and President
Lutheran Church of the Cross, Cincinnati, Ohio
1986 to 1994 Chair and Co-Chair
Reference Dose (RID) Work Group of the EPA (with a 1 year break in service)
1986 to 1995 Charter Member
Risk Assessment Forum of the EPA

AW ARDS (Selected)
2017

Outstanding Regulatory and Safety Evaluation Paper. Given for the
outstanding published paper in regulatory and safety evaluation during 2016.
Regulatory and Safety Evaluation Specialty Section (RSESS). Society of
Toxicology. Award was based on a group effort.

2013

Risk Communication Award. KidsChemicalSafety.org was honored with the
Alliance for Chemical Safety. The risk communication award recognizes a
company, organization or individual who has shown outstanding leadership in
communicating about chemical risks. Award was based on a group effort.

2013

Best Charity Award. Toxic Chemical Safety awarded for recognition as one of
the 'BEST' charities in America. Presented upon rigorous independent review for
being able to certify, document and demonstrate on an annual basis that met the
highest standards of public accountability, program effectiveness, and cost
effectiveness.

2009

International Achievement Award. In recognition of his outstanding
contributions nationally and internationally to the advancement of regulatory
science, policy, and methodologies in risk assessment and risk management and
for his distinguished and creative participation in regulatory organizations and in

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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EPA-17-0193 and EPA-17-0194-A-000709
ED_001686C _00000772-00031

 decisions of ultimate public health significance worldwide. International Society
of Regulatory Toxicology and Pharmacology.
2008

Outstanding Risk Assessment Paper. Given for the outstanding published paper
in 2007 demonstrating an application of risk assessment. Risk Assessment
Specialty Section, Society of Toxicology. Award was based on a group effort.

2008
of

The Independent Charities Seal of Excellence.

Given to the members

Independent Charities of America and Local Independent Charities of
America that have, upon rigorous independent review, been able to certify,
document, and demonstrate on an annual basis that they meet the highest
standards of public accountability, program effectiveness, and cost
effectiveness. These standards include those required by the US
Government for inclusion in the Combined Federal Campaign, probably
the most exclusive fund drive in the world. Of the 1,000,000 charities
operating in the United States today, it is estimated that fewer than
50,000, or 5 percent, meet or exceed these standards, and, of those,
fewer than 2,000 have been awarded this Seal. Award was based on a
group effort.
2007

Service to the Voluntary Children's Chemical Evaluation Program
(VCCEP). Given for service as chair and participant on external review panels.
Toxicology Excellence for Risk Assessment, Cincinnati, Ohio.

2003

Arnold J. Lehman Award. An award in recognition of major contributions to
risk assessment and the regulation of chemical agents, including pharmaceuticals.
Society of Toxicology.

2002

Environmental Stewardship Award. An award issued in gratitude for serving
on the C8 Assessment of Toxicity Team as a toxicologist in the development of
toxicity factors and screening levels. West Virginia, Department of
Environmental Protection. Award was based on a group effort.

2000

Key Risk Award. Environmental Studies Topic. Links2Go. TERA's
International Toxicity Estimates for Risk (ITER) database won this award by
being 7th most accessed environmental web site in the world. Award was based
on a group effort.

1998

Outstanding Risk Assessment Paper. Given for the outstanding published paper
in risk assessment during 1997. Risk Assessment Specialty Section. Society of
Toxicology. Award was based on a group effort.

1995

In Appreciation. An award for outstanding service and scientific contribution to
the Environmental Protection Agency and to United States Government.

1994

Special Achievement. An award for noteworthy contribution as a member of
the Risk Characterization Team towards an EPA-wide workshop on risk
characterization.

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

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EPA-17-0193 and EPA-17-0194-A-000710
ED_001686C _00000772-00032

 1992

Bronze Medal. An award for outstanding service in the review of EP A's 503
Sludge Regulations. Award was based on a group effort.

1992

OHEA Peer Award for Scientific Achievement. An annual peer award for
scientific achievement in EPA's Office of Health and Environmental Assessment

1992

RID/RfC Work Group Appreciation Award. For sustained superior
leadership of and scientific contributions to EP A's Reference Dose/Reference
Concentration Work Group.

1991

Bronze Medal. An award for outstanding service in the development of EPA's
Integrated Risk Information System (IRIS). Award was based on a group effort.

1990

Special Achievement. An EPA award for ensuring ORD's successful
involvement in regulatory support issues with EPA's Office of Pesticides and
Toxic Substances.

1988

Special Achievement. An EPA award for resolution of generic issues
associated with the minimum data base needed to estimate Reference Doses
(Rills).

1987

Special Achievement. An award for further development of the EP A's -Integrated Risk Information System (IRIS).

1986

Bronze Medal. An EPA award "for outstanding service in the organization and
review of Risk Reference Doses (Acceptable Daily Intakes) and the science from
which they are derived." Award was based on a group effort.

1984

Tribute of Appreciation. An EPA award for the "Development of Risk
Assessment Guidelines."

1982

Coach of the Year (soccer). Greater Cincinnati League (Catholic Boys High
School)

1980

Bronze Medal. An EPA award recognizing "Outstanding dedication, completion
of tasks and contributions to environmental protection in the development of
Water Quality Criteria." Award was based on a group effort.

AFFILIATIONS
I am a member of the American Association for the Advancement of Science (AAAS), the
Society for Risk Analysis (SRA), and the Society of Toxicology (SOT). I am a Diplomate of the
American Board of Toxicology (October 1985) and was recertified in 1990, 1995, 2000, 2005,
2010, and 2015. I am an elected Fellow of the Academy of Toxicological Sciences and the
Society for Risk Analysis.

REFERENCES
References will be readily supplied upon request.

Michael L. Dourson, Ph.D., DABT, FATS, FSRA

AMf-,

.

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EPA-17-0193 and EPA-17-0194-A-000711
ED_001686C _00000772-00033

 International Trips of Michael L. Dourson, Ph.D., DABT, FATS, FSRA
International Certificate Workshop entitled Environmental Health in the Philippines:
Perspectives and Approaches. Ateneo Professional School. Makati City. June 1-2,
2017.
Annual Meeting of the Taiwan Chapter of the Society for Risk Analysis. Taichung City,
Taiwan. May 25-26, 2017.
The Regional Training Program on Risk Assessment. Bibliotheca Alexandrina.
Alexandria, Egypt. April 24-27, 2017.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting in Jerusalem, Israel. November 15-17, 2016.
Joint Meeting of the Food and Agriculture Organization of the United Nations (FAQ)
Panel of Experts on Pesticide Residues in Food and the Environment and the World
Health Organization (WHO) Core Assessment Group on Pesticide Residues (JMPR),
Rome, Italy. September 13-22, 2016.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Brussels, Belgium. November 3-5, 2015.
World Health Organization & European Food Safety Commission. Workshop on Review
of the Threshold of Toxicological Concern (TTC) Approach. Brussels, Belgium.
December 2-4, 2014.
Dose Response Assessment Boot Camp. Toxicology Excellence for Risk Assessment
(TERA) at Gadjah Mada University. Yogyakarta, Indonesia. June 13-21, 2014.
Asian Pacific Economic Conference Workshop on Metals Risk Assessment. Cebu,
Philippines. August 28-29, 2015.
International Workshop On Comprehensive Toxicology. Bengaluru, India. July 27-31,
2015.
British Toxicology Society Annual Congress. Birmingham, UK, April 20-21, 2015.
International Manganese Institute, University of Ottawa. Ottawa, Canada. October 14,
2015.
Joint Meeting of the Food and Agriculture Organization of the United Nations (FAQ)
Panel of Experts on Pesticide Residues in Food and the Environment and the World
Health Organization (WHO) Core Assessment Group on Pesticide Residues (JMPR).
Geneva, Switzerland. September 15-24, 2015.
American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Frankfurt, Germany. May 7-9, 2013.

AMERI(

616117

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1

EPA-17-0193 and EPA-17-0194-A-000712
ED_ 001686C _ 00000773-00001

 International Trips of Michael L. Dourson, Ph.D., DABT, FATS, FSRA

American Chemistry Council: North American Flame Retardant Association. Science
Advisory Council meeting. Brussels, Belgium. May 7-9, 2012.
Risk Assessment Summer School (RASS) sponsored by the International Union of
Toxicology. Calabar, Nigeria. May 26 to 30, 2010.
NA TO Advanced Research Workshop: Integrating human effectiveness and risk
characterization of non-lethal weapons into antiterrorism civil science programs. Prague,
Czech Republic. October 18-23, 2004.
Science Symposium Update on Science Supporting the EU Voluntary Risk Assessment,
International Copper Association. Rome, Italy. May 17, 2004.
ATSDR and RIVM Expert Panel Meeting on Chemical Risk Assessment and
Children's Health. Brussels, Belgium. June 26, 2003.

AMERI(

616117

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2

EPA-17-0193 and EPA-17-0194-A-000713
ED_ 001686C _ 00000773-00002

 From:

Marathon Petroleum Corporation
Mon 6/12/2017 6:55:37 PM
Reminder-Retirement Reception for Patricia Richards
lnvitation.pdf

Sent:
Subject:

Greetings!
You are cordially invited to join our Chairman, President and Chief Executive Officer Gary
Heminger for a Retirement Celebration Reception honoring Patricia Richards on Wednesday
June 21st from 5:30 p.m. - 7:30 p.m. in the Mansfield Room (S-207) of the U.S. Capitol.
The invitation is below and attached.

Please RSVP by this

by replying to this e-mail or clicking here.

We appreciate your consideration.
Best Regards,
Marathon Petroleum Federal Government Affairs Team
Jake Menefee, Mike Birsic, Guy Beeman & Steve Higley

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000714
ED_001686C _00000780-00001

 Gary R..Heminger
Chairman,Presidentand Chief E~ecutiveOfficer
MarathonPetroleumCorporation

lb
Toa

rement Celebra
Honoring

tricia

cha s

Vice President Federal Government Affairs

Welcoming

Jake Menefee
Vice President Federal Government Affairs

W

nesday, June 21, 2017
5:30 p ..m..- 7:30 p ..m..

United States Capitol
The Mike Mansfield Room (S-207)
The House and Senate EthicsCommittees'41/ere
consulted in the planning
of this event to ensurecompliancewith all applicablerules

AME

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000715
ED_001686C _00000780-00002

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000716
ED_001686C _00000780-00003

 Gary R. Heminger
Chairman, President and Chief ExecutiveOfficer
Marathon Petroleum Corporation

To a

RetirementCelebration
Honoring

Patricia Richards
Vice President Federal Government Affairs
Welcoming

Jake Menefee
Vice President Federal Government Affairs

Wednesday, June 21, 2017
5:30 p.m. - 7:30 p.m.
United States Capitol
The Mike MansfieldRoom (S-207)
Please click HERE or reply to this e-mail to RSVP
The House and Senate Ethics Committees were consulted in the planning
of this event to ensure compliance with all applicable rules

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American Oversight v. EPA (18-cv-00361ip_001686C_00000781-00001

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Jackson, RyanUackson.ryan@epa.gov]
CyberSecurity Executive Order Workshop
Wed 6/7/2017 12:33:22 PM
[SPAM] Register: Implementing the President's Cybersecurity Exec Order (EO) Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

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 workshop
tor bovernment
&. Industry
Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Keynote:

Author

Dr. Ron Ross
NIST Fellow
of the NIST Risk Management
Framework
{RMF) and
Numerous NIST Cyber Security Publications

Government Speakers are being approved for participation by their Agencies.
Potomac Forum Wor kshops are 100% educational programs and not sales or marketing
events!

Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the
panel and peer interactions at the workshop should be invaluable in
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:
· The approach used by the NIST RMF
· The value of the integration of the NIST RMF with the NIST
CSF

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 uevelopment
ot agency Risk Management
:strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
• Importance
of Risk Assessments
{RA), Security Control
Assessments
{SCA), and Security Testing & Evaluation
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A, Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order

You Should Attend
· Review the key steps within the NIST RMF and CSF
• Obtain practical knowledge of how NIST RMF and CSF are
incorporated
into information
system security
• Gain insight into conducting
and implementing
NIST RMF
and CSF in your organization
• Collect information
on how NIST frameworks
can be
leveraged to enhance the security of your organization
• Learn how risk management
and cybersecurity
are
essential for regulatory
compliance
• Learn from risk management,
security and OIG colleagues
in Federal, State and Local Governments
• Learn how other Agencies are responding to the EO
Who Should Attend:
·
•
•
•
•

CI Os, CISOs and Staff
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management
• Executives who oversee risk management
for the

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 govern men
• All government executives, managers and staff who need
to better understand risk management and implementing
the President's Executive Order
CEUs Awarded

Upon Workshop Completion

Potomac Forum is an Authorized
of ICS{2) Credits
Press is NOT Invited

Provider

to Register or Attend

"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Pres s to Promote Cand id Discussi o n

Registration and Information:
www.poto macforu m.org

Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd.
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

Please do not Unsubscribe from this
"Government
Cyber Security" Training Workshop" Email List
Potomac Forum educational programs address major government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
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Cyber Security" Training Workshop Email List.

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 1nanK

YOU.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM} Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Lehman, Rob
Tue 6/6/2017 11 :37:35 AM
Morning Joe

Your boss did a great job. He was balanced and didn't get bullied. He was more knowledgeable than the
panel. Well done
Sent from my iPhone

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
J. Steven Hart
Thur 6/1/2017 7:15:34 PM
Paris Climate Change Accord

the Daily Beast gets an early report??

Multiple sources are reporting that WH energy policy adviser has informed the Hill of the move.

http ://www.thedailybeast.com /trump-will-announce-us-withdrawa l-from-parisaccord?vi a=desktop&source=copyurl

The United States will withdraw from the Paris Climate Accord, President Donald
Trump will announce at a Rose Garden speech this afternoon. On a conference
call with Capitol Hill staffers ahead of the speech, White House energy policy
adviser Michael Catanzaro confirmed that "the United States is getting out of the
Paris agreement." Trump, Catanzaro said, "will be open to and will immediately
be looking for a better deal." A source provided The Daily Beast with the call-in
information. The process could be a lengthy one. Catanzaro said the
administration will follow the steps for withdrawal laid out in the deal itself. "We
will initiate the process, which, all told, takes four years in total. But we're going
to make very clear to the world that we're not going to be abiding by what the
previous administration agreed to." Trump's withdrawal from the accord fulfills a
major campaign promise, and dovetails with his "America First" mantra, a point
stressed by White House deputy communications director Raj Shah in a
separate conference call with conservative think tanks and pundits. "The
president's action today is going to be in keeping with the president's pledge to
put American workers first," Shah said. He asked those on the call write
statements, op-eds, and tweets supporting the president's decision. "I can't
explicitly state what the president is going to announce in an hour and a half, but
I can say that I doubt folks on this call will be disappointed," Shah assured them.

-Lach/an

Markay

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 Disclaimer
T his message , and any attachments to it, are from Williams & Jensen , PLLC and are intended only for the
addressee. Information contained herein is co nfidential, privileged and exemp t from disclosure pursuant t o
applicable federal or state law. If the reader of this message is not the intended recipient, you are notified that any
use , dissemination, dist ribut ion, copying or communi cation of this message is st rictly prohibit ed. If you have
received this m essage in error, please notify t he sender immediate ly by return email and del ete the message and
any attachments. Than k you

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 From:

Jackson, RyanUackson.ryan@epa.gov]
Jay Martin

Sent:
Subject:

Mon 6/12/2017 6:48:56 PM
Follow Up

To:

Ryan-

Hope you are doing well following a successful trip to Italy by Administrator Pruitt. I left a
phone message at your office earlier today, but would appreciate a quick call once you have had
a chance to complete some catch up. I can be reached at 202-347-5774.

Thanks in advance,

Jay

Jay Martin
VP - Government Affairs
1455 Pennsylvania Avenue NW, Suite 320
Washington D.C. 20004
t: 202.347 .5774 I m :: Ex. 6 - Personal

Privacy]

iav.martin(iDcontura~ncrgv.com··-·-·-·-·-·-·-·-;

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Strategy Execution Resources
Thur 6/15/2017 5:30:11 PM
4 ways to avoid a failed strategic plan

If your strategy is sound, but you aren't seeing it trans late into business results, it's clear you're
acing an execution issue. Alternatively, if you r ent ire management team is exec uting with
precision, but resu lts are subpar, you need a better plan- a foolproof plan.
Download this uide to learn a new approach that will elevate you r strateg ic planning process,
and ultimate ly achieve results.

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 To:

From:
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Subject:

Maisano, Frank[frank.maisano@bracewell.com]
Maisano, Frank
Mon 6/12/2017 5:52:25 PM
Jun 12 PRG Energy Update: Budgets, Ethanol, Events

Friends,

Another exciting weekend with a $450 million POWERBA LL winner (not me), Pittsburgh
winning the Stanley Cup for the second straight year and scoring a winner in the Belmont.
While I had the Win/Place order reversed, I still won a $5 Exacta (which paid out $115) on
Saturday as Tapwrit outdueled Irish War Cry to take the third jewel of the Triple Crown,
following in the footsteps of his sire Tapit. Of course, my trifecta was snake-bitten by Lookin At
Lee for the third straight race as this time I had him in the box and he faded badly (Yes, I left him
out of the Derby/Preakness boxes and should have known this would happen). Anyway, at least
I didn't lose money this week finishing slightly ahead. Finally, tonight, Golden State goes for
the clincher tonight at home and golfs US Open starts on Thursday at Erin Hills in Wisconsin.

It is a very busy week in DC, starting tomorrow with the rescheduled confirmation hearing at
Senate EPW for NRC Commissioners and EPA enforcement head Susan Bodine. They are
expected to vote Thursday to move NRC Chair Kristine Svinicki to fast-track her approval
before the June 30 expiration of her current term. We also expect a vote on FERC nominees
soon as well (before July 4th recess). Senate Energy canceled its permitting hearing slated for
tomorrow. On Wednesday, Senate EPW tackles the RVP ethanol issue (even as rumors continue
that RVOs will soon be released by EPA) and Senate Commerce looks at automated vehicle
technology and hurdles for testing and deployment in the US.

The budget process launches in earnest this week after a few hearings last week. This week
there are 18 hearings highlighted by a visit by Scott Pruitt to House Interior/Enviro Approps on
Thursday. Secretary of State Tillerson will appear at Senate Foreign Relations tomorrow and Ag
Secretary Perdue is at Senate Ag tomorrow afternoon. Secretary Chao make two separate visits
to the Senate and House Transportation committees.

Off the Hill, EEi gathers in Boston today through Wednesday for its annual conference, while
BP launches its annual En~rg Statistics review tomorrow and will discuss it in a couple of
events on Thursday. For the future, Secretary Moniz returns to Press Club next Wednesday to
discuss energy innovation (I'm hosting him for an NPC ncwsmakcr event), Statoil's Annual
Energy pers1 ectives report is next week as well and EIA's annual Energy Conference is right
around the comer, too.

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 I also thought you might find Amy Harder's latest Harder Line column interesting since it looks
at the importance of accurate media coverage of climate change, a topic near and dear to many of
all our discussions over the years and one she is taking up at today's Citizens Climate Lobby
conference here in DC. And keep your eye peeled for the Business Council for Sustainable
Energy weighing into energy/environment budget debate soon.

Finally, the FireFlv Music Festival starts on Thursday in Delaware and carries through four days
of music. This is my wife's favorite event, so when she heads out Thursday, my kids and I will
be living large, eating as much great carry-out (KFC Buckets and Ledo Pizza are on the agenda)
as possible, watching movies late into the night and listening to loud music in the House. Now
that's livin'. Which reminds, on Friday, I'm hosting Newt Gingrich for a National Press Club
It should be insightful, so please attend or pass
event about his new book: Understanding]j_JtXtJJL
on to your many colleagues covering the political angles ...

Call with questions ...

Best,

Frank Maisano
(202) 828-5864
C-

! Ex. 6 - Personal Privacy

:

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

FRANKLYSPOKEN

"The successful development of new energy technologies - and the jobs they create - depends
on effective partnerships between public and private sectors. A significant component of those
partnerships is the proper alignment of investments along the technology development
process. Leveraging its expertise, the private sector has invested billions of dollars to
commercialize new energy investments. Critical to this process is the feedstock supplied by

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 federal investments, especially in the early-stage and high-risk research."

A Letter from 14 CEOs, including major Corporations like Southern, Air Liquide and DuPont, as
well as Chamber CEO Tom Donahue, urging Congressional appropriators to support funding
for energy innovation programs. The letter was sponsored by the Bipartisan Policy Center's
American Energy Innovation Council.

IN THE NEWS

CEOs Urge Congress to Protect Energy Innovation - Late last week, the Bipartisan Policy
Center's American Energy Innovation Council sent a letter to Congress urging their support for
the Advanced Research Projects Agency-Energy and research and development programs to
ensure that the United States maintains its competitive edge. In a letter, 14 energy and economic
heavy hitters, including Southern CEO Tom Fanning, Air Liquide CEO Mike Graff and
Chamber of Commerce head Tom Donahue said early federal research helped develop hydraulic
fracturing technologies as one example of why the private sector alone can't fund critical
innovation in energy. Other signers include Lockheed's Norn Augustine, Exelon's Chris Crane,
Shell's Bruce Culpepper, former Commerce official John Doerr, Pioneer's Tim Dove, PG&E's
Anthony Early, Clean Line CEO Michael Skelly, former DuPont CEO Chad Holliday, NEI' s
Maria Korsnick, AGA's Dave McCurdy and David Holt of the Consumer Energy Alliance. I can
send PDF if you need it.

New Research Initiative to Update, Improve Social Cost of Carbon - Resources for the
Future (RFF) is launching a multi-year, multidisciplinary research initiative to improve the
methodology used to calculate the social cost of carbon-an economic tool used to quantify both
the benefits to society of reducing carbon dioxide emissions from the atmosphere and the harm
to society from emitting more carbon dioxide. The social cost of carbon informs billions of
dollars of policy and investment decisions in the United States and abroad-making it critical
that estimates of the measure are transparent and based on the best available science and
methodology. The following few examples highlight use of the social cost of carbon across
several jurisdictions. Along these lines, RFF's new initiative will support and inform policy
design choices and evaluations of actions that affect climate change by decisionmakers and
analysts worldwide.

Platts Cap Crude to Look at Paris, Oil Exports -The current edition of -"-=='---""== ---"'-''---"==
will look at whether President Trump's decision to pull the US out of the Paris climate

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 agreement hurt national security. It also looks at whether US crude exports are actually
benefitting US allies and if we should be selling off the Strategic Petroleum Reserve. Andrew
Hollard, director of studies and a senior fellow at the American Security Project, answers these
questions and more on this week's Capitol Crude.

Defense Energy Advisor Appointed - President Trump announced his intent to nominate
Lucian Niemeyer late Friday to serve as assistant secretary of Defense for Energy, Installations
and Environment. Niemeyer was previously a long-time staffer on the Senate Armed Services
Committee where he ran the military installation portfolio and conducted oversight of federal
energy and environmental programs.

Immelt to Step Down at GE- General Electric CEO Jeffimmelt is= ==-=""~
effective
August 1, after 16 years ofleading the company. He will be replaced by John Flannery, who
currently heads the industrial giant's health care division.

ON THE SCHEDULE THIS WEEK

EEi Holds Annual Meeting - The Edison Electric Institute will launch its annual conference in
Boston today through Wednesday at the Copley Marriott. Keynote speakers include NBC's Tom
Brokaw, MIT Digital Economy Co-Director Andy McAfee, retired general Keith Alexander and
former White House advisor and CNN analyst David Gergen. Southern CEO moderates a great
breakout session tomorrow morning featuring DOE veteran Pat Hoffman, FERC's Joe
McClelland and Oracle Chief Security Officer Mary Ann Davidson.

Climate Lobby Meetings, Hill Day Set-The Citizens Climate Lobby hold its 8th annual
conference in Washington, DC on today and tomorrow at the Omni Shoreham. The keynote
speaker will be Dr. Anthony Leiserowitz, Director of the Yale Program on Climate Change
Communication. Most of tomorrow will be on Capitol Hill.

LNG CEO to Address Forum - The Atlantic Council will host a forum todav at Noon looking
at how unconventional oil and gas continues to reshape global energy markets. Tellurian LNG
CEO Meg Gentle will speak. The conversation will focus on the outlook for US LNG, changes
in the LNG market globally, and other trends and drivers.

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 Security Experts to Address Methanol Policy Forum - The Institute for the Analysis of
Global Security (IAGS), the U.S. Energy Security Council (USESC) and the Methanol Institute
will hold a Methanol Policy Forum tomorrow at the National Press Club. The Forum will
include a special luncheon discussion: Energy Security through Fuel Choice, which features a
conversation with the U.S. Energy Security Council experts like former National Security
Advisor Robert C. McFarlane, former CIA Director James Woolsey, former President of Shell
Oil Company John Hofmeister, former White House Counsel and Ambassador to the EU C.
Boyden Gray and former Louisiana Senator and Senate Energy Bennett Johnston. Our friend Joe
Cannon and other will speak on panels as well.

Senate Environment Host NRC Nominees, EPA Enforcement Official-After it was
postponed last week over paperwork issues, the Senate Environment Committee will host a
nomination hearing tomorrow at I 0:00 a.m. on three NRC nominees and EPA enforcement chief
Susan Bodine. The NRC nominees include current commissioner Kristin Svinicki and new
appointees Annie Caputo, a former Exelon Corp. executive who now works for the EPW
Committee and David Wright, a former South Carolina Public Service commissioner. Then on
Thursday, the Committee will hold a business meeting to the nomination of current NRC Chair
Kristine Svinicki, who needs to be reappointed by June 30th to continue her service.

CANCELED - Senate Energy Permitting Hearing-The Senate Energy and Natural
Resources Committee has cancelled its hearing slated for tomorrow on the federal permitting
processes. No word on reschedule yet.

House Ag to Look at Watershed Issues -The House Agriculture Committee's Conservation
and Forestry Subcommittee holds a hearing tomorrow at 10:00 a.m. on small watershed
infrastructure. The hearing will look at continuing the current mission, and building upon
successes.

Forum to Look at Global Risks - Tomorrow at I :00 p.m., the Stimson Center and
Georgetown's Institute for the Study of Diplomacy will hold a strategic conversation analyzing
the global risks presented to human security by environmental change, as well as the findings
and recommendations from the recently released report - "New Challenges to Human Security:
Environmental Change and Human Mobility." The event will be a discussion analyzing the
global risks presented to human security by environmental change, as well as the findings and
recommendations from the recently released report -New Challenges to Human Security:
Environmental Change and Human Mobility

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 Post Forum to Look at Food Systems - The Washington Post will host a forum tomorrow at
3:30 p.m. that brings together entrepreneurs, food industry executives, scientists and farmers to
discuss how technology and science are changing our modem food systems. They will explore
the business practices that are driving consumer demand, the innovations and new ideas that are
shaping the future of what - and how - we eat and consider the policies that will regulate an
increasingly complex global food market. Speakers will include USDA Economic Research
Service Administrator Dr. Mary Bohman, EWG's Ken Cook, Seth Goldman of Honest Tea,
Hungry Harvest CEO Evan Lutz, Marty Matlock of the University of Arkansas, DC Chef/
Restaurateur Spike Mendelsohn, former U.S. Deputy Secretary of Agriculture Kathleen
Merrigan and Veronica Nigh of the American Farm Bureau Federation.

NAS to Discuss Social Cost of Carbon - The US National Academies of Sciences
Engineering , and Medicine will host members from its committee on Assessing Approaches to
Updating the Social Cost of Carbon as well as experts from federal and state governments and
academia on Wednesday to discuss approaches to valuing climate damages. The symposium is
organized into three panels: the first to review the committee's recommendations, the second to
hear from academics who are developing estimates of the social cost of carbon, and the third to
discuss federal and state approaches to valuing climate damages.

Senate Commerce to Look at AVs -The Senate Committee on Commerce, Science, and
Transportation, will convene a hearing on Wednesday at 10:00 a.m. on paving the way for selfdriving vehicles. The hearing will explore automated vehicle technology and hurdles for testing
and deployment in the United States. The hearing will also examine state and federal roles to
ensure safety while promoting innovation and American competitiveness. Witnesses will
include Alliance of Automobile Manufacturers' CEO Mitch Bainwol, Rob Csongor of NVIDIA
Corporation, John Maddox of the American Center for Mobility and MADD's Colleen SheeheyChurch.

RFF to Host Webinar of RGGI Emissions Issues - Resources for the Future (RFF) will hold a
webinar Wednesday at 10:15 a.m. to discuss emissions containment reserve (ECR) concepts with
the Regional Greenhouse Gas Initiative. Researchers at Resources for the Future (RFF) and the
University of Virginia have been working hard on further analysis and modeling of the ECR and
the webinar will present the results of this research; a final report will be released in early
summer. The webinar will begin with an introduction and brief review of the ECR concept.
Dallas Burtraw (RFF) and William Shobe (UVA) will then present results from simulation
modeling and laboratory experiments that illustrate how the Regional Greenhouse Gas Initiative
(RGGI) market would work with the addition of an ECR. Following the presentations,
representatives from industry, environmental advocacy groups, think tanks, and state
environmental agencies will respond to the analyses with a look at what they view as

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 opporhmities, as well as potential challenges, of introducing an ECR program as part of RGGI.
The webinar will include with time to respond to questions and comments from the audience.

Senate to Look at RFS - The Senate Environment Committee will hold a hearing on the
Renewable Fuels Standard on Wednesday targeting legislation by Sen. Fisher on renewable
fuels, S 517, the Consumer and Fuel Retailer Choice Act. Witnesses will include long-time
renewable fuels advocate Brooke Coleman, Jonathan Lewis of the Clean Air Task Force, Sheetz
EVP Mike Lorenz, Briggs & Stratton's Todd Teske and Janet Yanowitz ofEcoengineering.

House Energy to Look at Energy Planning - The House Energy & Commerce Committee's
Subcommittee on Energy will hold a hearing on Wednesday at 10:00 a.m. getting states'
perspectives on energy security planning, emergency preparedness and state energy programs.

Senate Energy to Discuss Hydro Legislation -The Senate Energy Committee's Water and
Power Panel will hold a legislative hearing on Wednesday at 2:00 p.m. looking at several
hydropower bills. Witnesses will include Scott Cameron, acting assistant secretary for water and
science, Department of the Interior; Mark Gabriel, administrator and CEO, Western Area Power
Administration; Harlowton, Mont., Mayor Jeff Sell; Tom Fisher, president, Patterson Lake
Homeowners Association; Mike Hamman, chief engineer and CEO, Middle Rio Grande
Conservancy District; and Christopher Wynn, vice president, Brookfield Renewable Energy
Group.

RCP to Host Energy Workforce Conversation - On Thursday at 9:00 a.m. at the Columbus
Club, RealClear Politics will convene experts spanning the commercial construction industry and
its adjacent sectors to analyze industry success and workforce development.

Forum to Launch BP Energy Review - The Atlantic Council will launch of the 20 17 BP
===~=-'---'--"'--'--'-"'-"--""'-'--'-=,J-on Thursday at 9:30 a.m. featuring BP Chief Economist Spencer
Dale. From the shift to low-carbon fuels to the proliferation of renewables to the future of coal,
BP' s Statistical Review of Energy continually provides authoritative and in-depth information
and insightful analysis that is invaluable in understanding changing energy markets and
production and consumption patterns.

Pruitt to Testify on EPA Budget - The House Appropriations Interior-EPA subcommittee will

AMERICAN

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 host EPA Administrator Scott Pruitt on Thursday at 11:00 a.m. to testify on the White House's
EPA Budget, which proposed cutting the agency's budget by 31 %. Pruitt will be joined by Holly
Greaves, a landing team member who works on budget issues.

BP's Dale Also Addresses NatGas Roundtable -The Natural Gas Roundtable will also BP's
Dale as its guest speaker at its next luncheon at Noon on Thursday where he will continue the
public rollout of this year's BP Statistical Review of World Energy Markets.

Gingrich to Discuss Politics, Book - Former Speaker of the House and 2012 presidential
candidate Newt Gingrich will appear at a National Press Club Headliners Event on Friday at
10:00 a.m. in the club's First Amendment Lounge to discuss his new book, Understanding
Trump. I will be hosting the event on behalf of the NPC. In Understanding Trump, Gingrich
shares what he learned from more than two years helping Donald J. Trump throughout his
presidential campaign, during his transition from presidential candidate to Commander in Chief,
and in his first few months in office. Gingrich provides a unique perspective on how the new
president's past experience as a business leader has shaped his political agenda and approach to
governing the country.

WCEE to Look at Western Energy Markets-The Women's Council on Energv and the
Environment will host a forum on Friday at Noon at FERC to get an overview of the Western
Energy Imbalance Market from FERC staff Elizabeth Olson who worked in the California
electricity market during EIM implementation.

IN THE FUTURE

Ukraine Gas Leaders to Address Forum - Next Monday at 3:30 p.m., the Atlantic Council's
Dinu Patriciu Eurasia Center and Global Energy Center will hold a conversation on the future of
Ukraine's energy sector with Naftogaz leadership. On May 31, Ukraine's Naftogaz won a
victory over Russia's Gazprom in the international arbitration court in Stockholm. Naftogaz won
on all three counts the court considered. On the heels of this extraordinary development, the
Atlantic Council will bring together Naftogaz Chief Executive Officer and Chief Commercial
Officer, Andriy Kobolyev and Yuriy Vitrenko, and fellow energy experts, to discuss Ukraine's
energy sector - Nord Stream 2, implications of the arbitration between Naftogaz and Gazprom in
Stockholm, and energy reforms.

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 Zinke to Talk Interior Budget at Senate Energy-The full Senate Energy and Natural
Resources Committee will convene a hearing next Tuesday to examine the president's budget
request for the Department of the Interior for Fiscal Year 2018. Secretary Ryan Zinke will
appear.

Forum to Look at AVs -The Information Technology and Innovation Foundation and the
Washington Embassy of the Federal Republic of Germany will hold a forum next Tuesday, June
2Qth at I 0:00 a.m. to discuss key policy and commercial issues and insights on how enterprises
and policymakers from the U.S. and Germany are enabling the future of mobility. Emerging
digital technologies are enabling connected and autonomous vehicles (AVs). These technologies
will reshape the future of mobility, reducing accidents and producing an estimated $1 trillion-ayear economic benefit in the United States alone. But to achieve that vision, policymakers will
need to create a regulatory environment that encourages experimentation while ensuring high
standards of road safety, as Germany has recently done by developing a policy framework for
autonomous vehicle research and experimentation. Speakers include Michael Bultmann of
HERE Deutschland, ITIF' s Stephen Ezell and German Federal Ministry of Transportation's
Tobias Miethaner.

W APA to Host Steel Discussion - The Washington Automotive Press Assn is holding a forum
at the National Press Club Tuesday June 20 th at Noon featuring the Steel Market Development
Institute. Dr. Jody Hall, vice president of the automotive market for the Steel Market
Development Institute, will discuss advancements in steel grades and how their application in the
vehicle structure helps protects occupants in the event of a crash and is easier to repair than
vehicles made with alternative materials.

Forum to Look at OPA Reform - The Environmental Law Institute will hold a forum on
Tuesday, June 20th at 12:00 p.m . looking at updating the Oil Pollution Act (OPA) in 1990. OPA
was passed following the Exxon Valdez oil spill, to strengthen the federal government's ability
to prevent and respond to oil spills, establish financial resources to aid response, and raise
standards for contingency planning. The program will cover OP A issues raised by pipeline
projects, and by the Trump Administration's efforts to increase production from offshore and
federal lands and to restrict the definition of waters of the United States in ways which may
reduce the scope of contingency planning requirements for inland locations. Speakers will also
discuss key decisions from the past year involving the OP A and related federal statutes,
including decisions about recoverable damages, citizen suits, and presentation of claims to the
Oil Spill Liability Trust Fund, as well as decisions in enforcement cases against vessels
involving the use of "magic pipes" to deal with oily bilge water. The expert panel includes
NOIA's Randall Luthi, Cyn Sarthou of the Gulf Restoration Network and Richard Udell, who
serves in DOJ' s Environmental Crimes Section.

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 BPC Innovation Forum to Feature Sen Alexander, Southern ClearPath Experts -The
Bipartisan Policy Center's Energy Innovation Commission will hold a conversation on Tuesday
June 20 th at 3 :00 p.m. in 430 Dirksen about the energy innovation process, with leading industry
voices discussing whether smart, targeted approaches for limited federal resources can
complement private sector investments in pursuit of advanced energy technologies. President
Trump's recent budget proposal for fiscal year 2018 has sparked a conversation about the
appropriate federal role in supporting the nation's innovators. As the congressional
appropriations process begins in earnest, energy research programs within the Department of
Energy are among those under scrutiny, despite a history of broad, bipartisan support. Sen.
Lamar Alexander will offer Keynote remarks, followed by a panel discussion with ClearPath's
Rich Powell, Air Liquide's Mike Rosen and Southern's Steve Wilson moderated by Axios' Ben
Geman.

WCEE to Host Litigation Roundtable-The Women's Council on Energy and the
Environment hold its Third Annual Litigation Roundtable with the women Administrative Law
Judges of the Federal Energy Regulatory Commission (FERC) and the Environmental Protection
Agency (EPA). The Judges will discuss their experience as Administrative Law Judges,
interesting developments in their careers, who mentored them along the way and who they
themselves mentored, and share the "Dos & Don'ts" regarding hearings and settlement
conferences.

Wilson Forum Look at Arctic Relations - The Wilson Center hold its Arctic Circle Forum on
Wednesday and Thursday , June 21-22, beginning each day at 8:30 am and looking at the U.S.
and Russian roles in the Arctic. The Arctic is a region of international dialogue and potential
competition, of varied challenges and diverse opportunities. It is also a region that is gaining in
both geopolitical significance and public awareness every day. The complex relationship
between the United States and Russia, along with the approaches of the six other Arctic nations,
will continue to shape the region's social, economic, political and environmental issues far into
the future. The event will explore the crucial Arctic relationship and the implications for all
Arctic nations, the communities that call the region home, and the countries and organizations
that have a vested interest in a peaceful and sustainable Arctic.

BNEF to Release Energy Outlook - The CSlS Ener and National Securi Pro ram is
hosting the launch of Bloomberg New Energy Finance's (BNEF) New Energy Outlook 2017 on
June 21 st at 10:00 a.m. The report is BNEF's annual economic forecast for the world's power mix
to 2040. Built over nine months, it is the result of a major collaboration of more than 65 market
and technical experts from BNEF's 11 offices around the world. Seb Henbest (NEO Lead

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 Author and Head of Europe, Middle East, & Africa; BNEF) and Elena Giannakopoulou (Lead
Energy Economist; BNEF) will present on the NEO 2017 findings, followed by Q&A and
discussion.

Press Club to Host Former Energy Sect Moniz - The National Press Club will host a
Newsmaker on Wednesday June 2Pt at 10:00 a.m. in the Club's Lisagor Room featuring former
Secretary of Energy Dr. Ernest Moniz. Moniz will propose ways to maintain the American
leadership edge on energy innovation. Moniz also is expected to announce the formation of a
new non-profit organization "The Energy Futures Initiative," that aims to foster innovation in
global energy systems. According to the creators, EFI will be a non-partisan, think tank and
advisory firm working across all energy sources to provide evidence-based analysis on
decarbonizing energy systems, creating high-paying energy jobs, and finding ways to make
energy infrastructure and supplies more secure.

CA Energy Forum Set - Advanced Energy Economy's (AEE) annual California energy policy
event, Pathway to 2050 , will be held on June 21 st in Sacramento. The event brings together an
influential group of advanced energy business leaders and state policy-makers to discuss
opportunities to accelerate California's economy through the growth of advanced energy.
Speakers will include our friends Caroline Choi of SoCalEd, Dan Morain of the Sacramento Bee
and Greentech's Katie Fehrenbacher. Other speakers include SoCal Ed CEO Kevin Payne, GE's
Deb Frodl, Cal Assembly Speaker Kevin de Leon, CPUC President Michael Picker, Cal Energy
Commissioner Janea Scott and Tom Steyer.

Senate Energy to Hear from Perry on DOE Budget - The full Senate Energy and Natural
Resources Committee will convene a hearing on Thursday June 22 nd at 10:00 a.m. to examine the
president's budget request for the Department of Energy for Fiscal Year 2018. Secretary Perry
will testify.

W AP A to Host Ride/Drive of Ionig - W AP A also will host a lunch and drive on June 22 at
11:00 a.m. at River Farm in Alexandria, VA featuring the all-new Hyundai Ioniq Electric and
Hybrid line of vehicles

CSIS to Host Statoil Energy Report - The CSIS Energy and National Security Program
host a forum on June 22 nd at 1:00 p.m. featuring Eirik W .emess, Senior Vice President and Chief
Economist of Statoil, to present the company's newly released Energy Perspectives 2017. The
Energy Perspectives report summarizes different narratives about global energy demand and

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 energy mix for the future decades, scenarios, based on different assumptions about regional and
global economic growth, conflict levels and implications, technological development and energy
and climate policies. In the 2017 version, models have been adjusted with last year's
developments in the energy and climate policy area, technology costs and maturity, more
thorough assessments of GDP forecasts, as well as included adjustments made to historic global
CO2 emissions. The modelling runs to 2050 with 2014 as baseline year, and provides a forecast
for global energy demand and energy mix, economic growth, CO2 emissions, and more.

Forum to Hear Energy Demand Expert - On Friday June 23rd at Chinatown Garden, the
National Capital Chapter of the US Energy Economists will host physicist, venture capitalist,
author, government advisor, and senior fellow at the Manhattan Institute, Mark Mills. Mills will
discuss energy demand disruptions and the aspirations versus the reality. Mills says we are
nearing an era of 'peak energy demand' requires believing that innovation is over, and similarly
that we've seen the end of normal economic and social behaviors. Technology and demographic
trends in fact suggest that the recent past is in an interregnum, not a 'new normal' when it comes
to energy demand.

EIA Energy Conference Set - The 2017 EIA Energy Conference is scheduled for June 26-27 in
Washington, DC.

Smart Cities Conference Headed for Austin -The 2017 Smart Cities Connect Conference will
be in Austin, TX at the Convention Center on June 27th . The event convenes more than 200
global city leaders to prospect and partner with innovative technology and service providers.

Global Security Forum Set - The Center for a New American Security hosts its 2017 Annual
Conference in partnership with The Washington Post on Wednesday, June 28th at The Mayflower
Hotel. This year's conference will bring together U.S. national security policymakers and experts
to highlight major divides and identify potential bipartisan solutions. CNAS is an independent
and nonpartisan research institution that develops strong, pragmatic and principled national
security and defense policies.
JULY 4th Recess - June 30th to July 11th

Congressional Renewable Expo Set - The 20th annual Con ressional Renewable Ener v_and
Energ Efficiency EXPO and Policy Forum will be held on Tuesday, July 11th from at 9:30 a.m.
to 4:30 p.m. In Rayburn.

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 Community Solar Forum Set for Denver - The Coalition for Community Solar Access will
host the first annual National Community Solar Summit in Denver on July 26 - 28. A few
highlights for Denver include energy company CEOs including Tom Matzzie of Clean Choice
Energy, Jesse Grossman of Soltage, Zaid Ashai ofNexamp, Rick Hunter of Microgrid Energy
and Steph Spiers of Solstice. Other speakers include energy company leaders Hannah
Masterjohn of Clean Energy Collective, Dan Hendrick of NRG Energy, Adam Altenhofen of US
Bank, Adam Capage of 3 Degrees and Lori Singleton of Salt River Project.

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Chiang, Amy
Wed 6/14/2017 3:19:47 AM
Meeting/call

Ryan,

Do you have time for a quick call/ meeting next week to talk about the June 28th meeting with
Administrator Pruitt?

Thanks!
Amy

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 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Delaquil, Mark
Thur 6/15/2017 5:06:09 PM
CERCLA Financial Responsibility Proposal

Dear Ryan,

I hope all is well. I am reaching out concerning EPA's CERCLA financial responsibility
proposal. I represent Asarco LLC, which will be filing comments on the proposal. Asarco
would also appreciate the opportunity to discuss its concerns with you or another appropriate
EPA official.

Duane Yantorno, Asarco's Corporate Manager for State and Federal Regulatory Affairs, will be
in Washington from Arizona in late July so I am hoping to schedule the meeting for either July
25, the morning of July 26, or July 28.

Please let me know if any of those dates work schedule-wise. If not, I can propose alternative
dates. Also, if there is any other information I can provide to assist, please let me know.

One last note so that you are fully informed, in February I raised the possibility of a meeting with
Kevin Minoli. We tabled the issue at that time due to the extension of the comment period.

Best regards,

Mark

Mark Delaquil
Partner

Washington Square

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 1050 Connecticut Ave, N.W. I Suite 1100
Washington, DC 20036-5304
T +1.202.861.1527
mdelag uil@bakerlaw.com
bakerlaw.com

This email is intended only for the use of the party to which it is
add ressed and may contain information that is privileged,
confidential, or protected by law. If you are not the intended
recipient you are hereby notified that any dissemination , copying
or distribution of this email or its contents is strictly prohibited .
If you have rece ived this messag e in error, please notify us immediately
by replying to the messag e and deleting it from your computer.
Any tax advice in this email is for information purposes only. The content
of this email is limited to the matters specifically addressed herein
and may not conta in a full descr iption of all relevant facts or a
complete anal ysis of all relevant issues or autho rities.
Internet commun ications are no! assu red to be secure or clear of
inaccuracies as information could be intercepted , corrupted, lost.
destroyed, arrive late or incomplete , or contai n viruses . Therefore,
we do not accept responsi bility for any errors or omissions that are
present in this email, or any attachment, that have arisen as a result
of e-mail trans mission .

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 To:
Cc:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Dravis, Samantha[dravis.samantha@epa.gov]
David Crane
Mon 6/5/2017 10:34:48 AM
Re: 6.7-8 Meeting Request for Pete Regan (DEPA) and Roger Kelly (Continental)

Ryan and Samantha:
I hope that you had a great weekend.
Per below and appreciating how busy you'all must be I was wondering if you might be bale to
point me in the right direction in terms of a June 7/8 meeting for Roger Kelly from Continental
and Pete Regan from Domestic Energy Producers Alliance. (Blu will be in town on the 7th as
well.
I have reinserted the regulatory issues that Pete and Roger are hoping to discuss.
Any help or guidance would be much appreciated.
Thank you.
David

David Crane

1. Oil and Gas Effluent Limitation Guidelines and Standards

The final rule entitled "Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category" published in the Federal Register on June 28, 2016
largely ignored input from industry and should be rescinded. A categorical prohibition
on the practices of the unconventional oil and gas industry limits innovation and imposes
unnecessary restrictions to the industry.

2. Quad Oa EPA Methane Rule.
This rule follows the original Quad O rule passed in the 2012-2013 timeframe and is
primarily directed at methane as a green house gas/pollutant. Passed under the NSPS
(New Source Performance Standard) review authority of the Clean Air Act.

3. Social Cost of Carbon (including Methane)
The March 28th Executive Order on "Promoting Energy Independence and Economic
Growth " directed agencies against consideration of climate change or green house
gases in regulatory development or other energy considerations. This directive affects
the Quad Oa rule among others.

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 4.

RCRA Waste Exemption

The EPA has committed (2016 Obama EPA)to revisiting this matter and the environs surely expect some
serious changes. This issue was handled in the states through state review. Need to see where they are, if
anywhere, on this. Need to make sure staff isn't cooking something up.

Partner
TG&C Group, LLC
The Homer Building
601 13th Street NW, 11th Floor North
Washington, DC 20005

CJEx. 6 - Personal Privacy !
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

.

On Jun 2, 2017, at 11:02 AM, David Crane <david@tgandcgroup .com> wrote:
Ryan and Samantha:
Congratulations on the big Paris Agreement announcement yesterday. I thought your boss
did a terrific job, both the Administrator and the POTUS.
I know you guys have been swamped but wanted to circle back on the below to see if we
could get something on the books for the 7th or 8th. If the 7th Blu and Pete will join Roger.
If the 8th It would be myself and Roger Kelly from Continental.
Right now on the 7th we have an I lam at Treasury and a 5pm at Interior but otherwise
flexible. EPA is a top priority for us so am hoping to plug something in and then build the
rest of our schedule around same.
Thank you and please let me know if I can provide any additional information.
David

David Crane
C :!_Ex. 6 - Personal Privacy .!

On Jun 1, 2017, at 7:32 AM, David Crane <david@tgandcgroup .com> wrote:

Hey Ryan;
Good Morning. Appreciating that your in-box is likely flooding every day I thought I

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 would follow up on the below - put it back at the top of the box at least for a couple of
minutes. Any help or direction would be much appreciated.
Thank you.
David
David Crane
Partner
TG&C Group, LLC
The Homer Building
601 13th Street NW, 11th Floor North
Washington, DC 20005
Ct_Ex.
6 - Personal Privacy_ i

On May 31, 2017, at 4 :54 PM, David Crane <david@tga ndcgroup .com> wrote:
Ryan:
I hope that your week is going well.
A small group of Domestic Energy Producers Alliance guys are coming in town
next week with a focus on regulatory issues. Roger Kelly from Continental will
be heading up the issue discussion. Pete Regan and Blu are coming as well
though Blu might be running a separate schedule. I'm sure you guys will hook up
either way on your own.
I am hoping you might be able to plug me in to the right staff at the EPA for the
appropriate issues for purposes of scheduling a meeting? It would be a big help.
We'll come in prepared. Following is little background Roger prepared on each
subject.
Any help or guidance would be much appreciated
Thanks Ryan and please let me know if I can provide any additional information
or if I can be of help in any way.
David
David Crane
1. Oil and Gas Effluent Limitation Guidelines and Standards

The final rule entitled "Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category" published in the Federal Register on June 28, 2016

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000747
ED_ 001686C _ 00000803-00003

 largely ignored input from industry and should be rescinded. A categorical prohibition
on the practices of the unconventional oil and gas industry limits innovation and imposes
unnecessary restrictions to the industry.

2. Quad Oa EPA Methane Rule.
This rule follows the original Quad O rule passed in the 2012-2013 timeframe and is
primarily directed at methane as a green house gas/pollutant. Passed under the NSPS
(New Source Performance Standard) review authority of the Clean Air Act.

3. Social Cost of Carbon (including Methane)
The March 28th Executive Order on "Promoting Energy Independence and Economic
Growth " directed agencies against consideration of climate change or green house
gases in regulatory development or other energy considerations. This directive affects
the Quad Oa rule among others.

4.

RCRA Waste Exemption

The EPA has committed (2016 Obama EPA)to revisiting this matter and the environs surely expect some
serious changes. This issue was handled in the states through state review. Need to see where they are, if
anywhere, on this. Need to make sure staff isn't cooking something up.

Partner
TG&C Group, LLC
The Homer Building
601 13th Street NW, 11th Floor North
Washington, DC 20005
C :l_Ex. 6 - Personal Privacy j

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EPA-17-0193 and EPA-17-0194-A-000748
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 Hupp, Sydney[hupp.sydney@epa.gov]; Stanko, JosephUstanko@hunton.com]
Dickerson, Aaron[dickerson.aaron@epa.gov]; Woodward,
Cheryl[Woodward. Cheryl@epa.gov]; Jackson, RyanUackson .ryan@epa.gov]
From:
Reamy, Jeff
Sent:
Thur 6/1/2017 6:29:46 PM
Subject: RE: 3 PM meeting Friday June 2nd
To:
Cc:

Thanks for the note and we totally understand. I will check Larry's schedule regarding Monday
June 5 and let you know quickly . Conversely he may be back in DC mid-June I will look into
that as well. Many thanks I know you all are very busy .

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov]
Sent: Thursday, June 01, 2017 2:20 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron; Woodward, Cheryl; Jackson, Ryan; Reamy, Jeff
Subject: [EXTERNAL]Re: 3 PM meeting Friday June 2nd

Thank you so much for sending! Unfortunately due to some very last minute changes, I don't
think the Administrator will be available tomorrow afternoon. Is there any chance you all might
have some availability on Monday? I'm so so sorry for the change.

Thank you!
Sent from my iPhone
On May 31, 2017, at 5:38 PM, Stanko, Joseph <jstanko@hunton.com> wrote:
Sydney:

Some final details from our end.

Attendees will be:

Larry Ziemba, Executive Vice President, Refining, Phillips 66

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 Accompanied by
Jeff Reamy, Vice President, Federal Affairs, Phillips 66

Any day-of information can be sent to Jeff at Jeffrey.M.Reamy@p66.com or by cellje,,.p.,,,"',P'''"'!
l.Ex.6-Personal Privacy_ I Would you let Jeff know the name/number of the contact person that se~urity
should call once they are cleared in the North entrance?

Again, thank you very much for your assistance.

Regards,
Joe

<image001 .jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 5:25 PM

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 To: Stanko, Joseph
Cc: Dickerson, Aaron; Woodward, Cheryl
Subject: RE: Meeting Request

Sounds good and can do! Looping in Cheryl to provide logistics!

Sydney Hupp
Executive Scheduler
Office of the Administrator
. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
Ex. 6 - Personal Privacy
'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

i

i(C)

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Monday, May 22, 2017 5: 12 PM
To: Hupp, Sydney <hupp.sydney@epa.gov >
Cc: Dickerson, Aaron <dickerson .aaron@epa .gov>
Subject: RE: Meeting Request

Also, would about 45 minutes be possible? Thanks again .

<image001 .j pgJ<>
seph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP

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 2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 4:26 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

Around 3PM would be ideal.

Sydney Hupp

Executive Scheduler
Office of the Administrator

LEx. 6 .· Personal _Privacy ( C)

From: Stanko, Joseph [mailto: jstanko@hunton .com]
Sent: Monday, May 22, 2017 3:45 PM
To: Hupp, Sydney <hupp .svdney@epa.gov >
Cc: Dickerson, Aaron <dickcrson .aaron@epa .gov>
Subject: RE: Meeting Request

Arc there particular time windows you need to work with on the 2nd ? Thanks .
Joe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000752
ED_ 001686C _ 00000816-00004

 <image001.jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton .com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 3:33 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

Thank you!

Sydney Hupp

Executive Scheduler
Office of the Administrator

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000753
ED_ 001686C _ 00000816-00005

 l

Ex. 6 - Personal-Privacy

I(C)

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Monday, May 22, 2017 2:02 PM
To: Hupp, Sydney <hupp.sydney@epa.gov >
Cc: Dickerson, Aaron <dickerson .aaron@epa .gov>
Subject: RE: Meeting Request

Sydney:

Thanks, I know the Administrator's schedule is complica ted enough, but with interna tional
travel it' s an additional degree of difficulty .

I'll vet this promptly from my end and respond back.

Thanks, much appre ciated.

Regards,
Joe

<image00 1.j pg> Joseph Stanko
Partner

p 202.955.1529

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000754
ED_ 001686C _ 00000816-00006

 Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton .com

From: Hupp, Sydney [mailto:hupp.sydney@epa.gov ]
Sent: Monday, May 22, 2017 1:14 PM
To: Stanko, Joseph
Cc: Dickerson, Aaron
Subject: RE: Meeting Request

My sincere apologies for the delay Mr. Stanko, was trying to sort out his departure for
international travel. Do you have any availability left on the 2nd ?

Thank you!

Sydney Hupp

Executive Scheduler
Office of the Administrator
! Ex. 6 - Personal Privacy!' (C)
!

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

From: Stanko, Joseph [mailto:jstanko@hunton .com]
Sent: Friday, May 19, 2017 1:37 PM
To: Hupp, Sydney <hupp .sydncy@epa .gov>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000755
ED_ 001686C _ 00000816-00007

 Cc: Jackson, Ryan <jackson.rvan@epa .gov>
Subject: RE: Meeting Request

Sidney:

would work for
Would it be possible for you to let me know if the June 2nd or June
Administrator Pruitt? Mr. Ziemba is happy to work with other dates, but if the June 2nd and
5th are off the table, it will be helpful to know for other scheduling needs .

Thanks for all your assistance .

Joe

<image001.jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton .com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000756
ED_ 001686C _ 00000816-00008

 From: Stanko, Joseph
Sent: Monday, May 15, 2017 5:50 PM
To: 'hupp.sydney@epa.gov '
Cc: Ryan Jackson (iackson.ryan@epa.gov )
Subject: FW: Meeting Request

Dear Sydney:

I would like to request a meeting with the Administrator for Larry Ziemba, Executive Vice
President, Refining, for Phillip 66. Larry has responsibility for the company's refining
operations and serves in a leadership position with the American Fuels and Petrochemical
Manufacturers Association. He has been working with other refiners and the Auto industry
regarding the potential for higher octane fuels and other forward looking fuels issues. A
brief bio is set forth below.

Larry is currently scheduled to be in D.C. on Friday June 2nd and Monday June 5th . If those
days would not work with the Administrator's schedule, he is happy to work with other
days that would be more convenient for Administrator Pruitt.

Lawrence (Larry) M. Ziemba is execut ive vice president, Refining , for Phillips 66, a diversified energy
manufact uring and log istics company . He has 35 years of exper ience in the oil and gas industry . Before jo ining
Phillips 66 in May 2012, Ziemba previously worked for ConocoPh illips as president, Global Refining, a role he
took on after serving as president , U.S. Refining, since 2003 . He first jo ined Phillips Petroleum in 2001 after its
acqu isition of Tosco and was in charge of handling the integrat ion of the refining operat ions dur ing the merger
w ith Conoco . Origina lly from Chicago , he started his career at Unoca l's Chicago refinery in 1977. In 1988, he
moved to Unoca l's Los Ange les corporate headquarters as manager of plann ing/business deve lopment for its
downstream business . In 1991, he managed the acqu isition of Shell's Carson refinery and subsequently
integrated the asset into Los Ange les operat ions . In 1997, Ziemba jo ined Tosco as they acqu ired Unocal's
downstream business . In 1999, he was named vice president ofTosco 's three San Francisco area refineries . In
2000, he was ass igned to hand le the acquisit ion and takeover of the Wood River refinery . He has held a
number of industry and community leadership positions including board positions w ith Amer ican Fuels and
Petrochemica l Manufacturers Assoc iat ion , W RB Refining LP and the Western States Petroleum Assoc iat ion .
Ziemba earned a bache lor's degree in mechan ica l engineering from the University of Illinois-Champa ign in
1977 and a Master of Business Adm inistrat ion degree from the Univers ity of Chicago in 1985.

Thank you for your consideration,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000757
ED_ 001686C _ 00000816-00009

 Joe Stanko

<image001.jpg> Joseph Stanko
Partner

p 202.955.1529

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000758
ED_ 001686C _ 00000816-00010

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Leo Jardot
Thur 6/15/2017 4:41 :46 PM
Budget Hearing

Watching webcast. He's doing a very good job!

Leo Jardot
Alignment Government Strategies
60 1 Pennsylvania Ave., NW I South Building, Suite 430
Washington, DC 20004
Leo.Jardot@.align-strategies.com
T. 202.407.9747

ID.202.517.1301

www.align-strategies.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000759
ED_ 001686C _ 00000820-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Rachel Kelley - Finance
Wed 6/14/2017 12:47:11 AM
Re: EPA issue in CA

Jackson,
I wanted to see If you or someone on your staff would be able to call Jim Zaleski ati Ex.B-PersonalPnvacy 1
l-;~;-~~
.-,~
;,~::~hotalk about the below EPA issue. Thank you and call me with any questions aTeTtfi"er-ofthe
numbers below. Thanks!
0

Rachel S. Kelley
West Regional & PAC Finance Director
!_.120.2.t86.3.-:85..33~
office
! Ex. 6 - Personal Privacy! cell
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

From: Rachel Kelley --'--'--""=='--l::l.-':::=='-'-'- "
Date: Thursday, May 25, 2017 at 2:20 PM
To: Jackson Ryan <Jackson.Ryan@epa.gov>
Subject: EPAissue in CA

Jackson,
I hope this finds you doing well. I'm reaching out to see if you can have someone of your staff call
Jim Zaleski to talk through an EPA issue he is having in Santa Barbara, CA. Please see below a little
background on the issue and his contact info. Please call me with any questions. Thank you!

He wants to talk about a Biological Opinion affecting his local main reservoir in Santa Barbara
county where the National Fisheries will increase the amount of water to be released to keep 80
steel head trout alive downstream of the dam. And he would like to help the EPA in anyway he
can if you need him or his input.

Jim Zaleski

l_Ex. 6 _-_Personal_Privacy_ i
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

'! Ex. 6 - Personal

Privacy

'!

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

Rachel S. Kelley
West Regional & PAC Finance Director
! __(202) 863-8533~ office
l._~x~-~-~-~:r_s~~~l_.:.!.':'.~':_Y
__
}-ce 11

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000760
ED_001686C_ 00000827-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Henry Darwin
Wed 6/7/2017 11 :04:33 PM
Re: Immediate Action Required: Report for Fingerprinting

Next week sounds great. Let me know a day and time and I will make myself available.
Henry
On Tue, Jun 6, 2017 at 9:06 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:
That's fine. I want to ensure you are ok with an announcement at the appropriate time. I
seems like the closer we get to the time the better.
On the reorganization side, let's set up a time next week so you know where we are and why
our timeline is. Per the executive order we have to submit a reorganization plan by the end
of September for public comment. But we are also moving forward with ideas internally
and with a few other departments to streamline joint work. I think it's necessary to plug
you into that as soon as possible.
Thanks again.
Ryan.

Ryan Jackson
Chief of Staff
U.S. EPA

!__
Ex._6 _-_Personal_Privacy __!
On Jun 6, 2017, at 4:32 PM, Henry Darwin{_ ____
Ex._6_-_Personal
__
Privacy ___
___iwrote:

Thanks Ryan. Looking forward to a discussion about the reorganization plans. I have
a few ideas that could make our process improvement journey easier. As for the start
date, I was hoping to push it back just one week to July 10. I have a few issues here
that I need to wrap up, and figured I wouldn't be able to get much done the 4th of July
week anyways. I hope that's OK.
What are your plans for an announcement? I would like to let the Governor and and
my colleagues know, but don't want to get out in front of your plans if you have any. I
usually shy away from publicity, but I really think my background and the what
Administrator is bringing me on to do could benefit the agency and what we plan to
accomplish.
Thanks
Henry

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000761
ED_ 001686C _ 00000831-00001

 On Fri, Jun 2, 2017 at 4:37 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:
I'm looking forward to it as well. Is July 3 still good? We received the routine but
important final word from Presidential Personnel about your approval a couple of
days ago so there's literally no more process involved here. We are ready to
have you start. I appreciate the offer on working in advance. What I may do is
have a call with you with Byron Brown to bring you up to speed on what we've
been doing reorganization-wise so you know what generally we have to submit to
0MB by the end of June. However, that's a very preliminary report on how we
gather information. I'm eager to bring you up to speed on timelines for
reorganization requirements. We do have some end of summer deadlines which
will require some meetings with the Administrator and your expertise on how to
best conduct this.

Looking forward to it.

Ryan.

From: Henry Darwin [mailtd,_______
Ex. 6 - Personal_Privacy ____
___:
Sent: Thursday, June 1, 2017 3:52 PM
To: Jackson, Ryan <jackson.ryan@epa.gov >

Subject: Re: Immediate Action Required: Report for Fingerprinting

Hey Ryan. Just checking in. Wanted to let you know that I'm still really excited
about joining the team. Is there anything you'd like for me to be working on in
advance? Nothing confidential of course, but wanted to let you know that I'm
willing.

I hope all is well.

Henry

On Sat, May 20, 2017 at 1:54 PM, Jackson, Ryan <jackson .ryan@epa .gov>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000762
ED_ 001686C _ 00000831-00002

 wrote:
Perfect. Let's work toward that.

Much appreciated and looking forward to this.

From: Henry Darwin [mailtoi Ex. 6 - Personal Privacy !
Sent: Friday, May 19, 2017 o:·11lPNr·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

To: Jackson, Ryan <jackson.ryan@epa .gov>
Cc: Munoz, Charles <munoz.charles@epa.gov >
Subject: Re: Immediate Action Required: Report for Fingerprinting

I know you are as anxious as I am to get to work, but I have a lot to wrap up
here both professionally and personally. How about July 3?

Thanks

Henry

On Fri, May 19, 2017 at 2:07 PM, Jackson, Ryan <jackson .ryan@epa .gov>
wrote:
Which raises an important question.

When do you think you can start?

Ryan Jackson
Chief of Staff
U.S. EPA

i Ex. 6 • Personal Privacy i
i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000763
ED_ 001686C _ 00000831-00003

 On May 19, 2017, at 4:47 PM, Jackson, Ryan <jackson.ryan@epa.gov>
wrote:
Of course. I think this is definitely something we can do when
you arrive here. This is a routine thing and something I did after I
arrived. Charles, can you help clear this up?
Ryan Jackson
Chief of Staff
U.S. EPA

l_Ex.
6. -_Personal.Privacy_j
On May 19, 2017, at 4:36 PM, Henry Darwin

<-·-·-·-·-E·x·.-s·-~-Pe~so;-afi>i-Tv·~~y--·-·-·-·-t
wrote:
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Ryan:

Sorry to bother you with this, but I'm assuming this is
something I can take care of when I arrive in D.C. If not, we
are going to need to find another arrangement as the closest
EPA badge office is over 300 miles from me.

Thanks

Henry

---------- Forwarded message ---------From: <personnel security@epa.gov>
Date: Fri, May 19, 2017 at 11:42 AM
Subject: Immediate Action Required: Report for
Fingerprinting
To:!._
_________
Ex._6_- _Personal_Privacy___________
!

Cc: BE LLEROSE.WI LLIAM@epa.gov,
MYERS .KEVIN@epa.gov,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000764
ED_ 001686C _ 00000831-00004

 LESPERANCE.TW ANNA@epa.gov,
GOLDRING .SHAROUITA@epa.gov

Dear HENRY R DARWIN:
Congratulations on your pending appointment to a position at
the Environmental Protection Agency (EPA). To keep the
appointment process moving ahead, you must report to an
EPA badge office immediately or as soon as possible to be
fingerprinted and enrolled for an EPA badge. Your offer of
employment is pending this action. Timeliness is essential
because the EPA must receive favorable fingerprint results
before you can be assigned a date to begin work. Any delay
in reporting to the badge office will affect your start date
and jeopardize your ability to occupy the position.

Homeland Security Presidential Directive 12 (HSPD-12)
requires that all eligible personnel working for or on behalf of
the federal government be issued a smart card identification
badge, which at the EPA is called an EPA Personnel Access
and Security System (EPASS) badge. An EPASS badge has
been requested on your behalf

Before the badge can be created for you, you must go through
the federally mandated ID proofing and enrollment process,
which takes 10 to 15 minutes. At the badge office, we will:
• Ask to see two forms of identification. At least one
must be a valid, original, unexpired state or federal
government-issued photo ID, such as a driver's license
or passport. For acceptable IDs, please refer to
the "Acceptable Identity Source Documents" page.
• Scan and verify your two forms of identification.
• Collect a set of your fingerprints, which will be used to
check criminal history records of the Federal Bureau of
Investigation (FBI). Please Note: Procedures for
obtaining changes, corrections or updates to an FBI
identification record are set forth in Title 28, CFR,
16.34.
• Take a photograph.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000765
ED_ 001686C _ 00000831-00005

 Remember, you cannot be assigned a start date until you
have reported to an EPA badge office to be fingerprinted,
and the EPA has received favorable fingerprint results.

The EPA has badge offices nationwide. You can visit any
badge office to be fingerprinted. If the badge office
recommended in this email is not near you, please find a
convenient location on the list of EPA Badge Office
Locations. If you need to schedule an appointment, or if you
have questions about badge office locations or hours of
operation, please call your area badge office at the listed
number.
Please visit an EPA badge office. In Washington D.C., go to
the William Jefferson Clinton Federal Building-East (1201
Constitution Avenue NW, Washington, DC, near 12th Street),
room B3 l 7 (basement), which is open Monday through
Thursday from 8 a.m. to 4 p.m. and Fridays from 8 a.m. to I
p.m. Closed Weekends and Federal Holidays. The phone
number is (202) 564-2206 .
For more information, call the person listed below:
• MYERS, KEVIN- 2025 64 1500

Please bring a copy of this email with you.

Sincerely,

The EPA Personnel Security Branch

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000766
ED_ 001686C _ 00000831-00006

 To:

From:

Sent:

_____
§1:J~j~~k

. Jackson,_RyanUa~kson.ryan@epa.gov]

:_Ex._6 - Personal Privacy. ;
Sun 6/4/2017 9:08:27 PM

L:~]~V

LEx.
6 - Personal Privacy LQg_f

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000767
ED_ 001686C _ 00000838-00001

 To:
Cc:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Willis, Sharnett[Willis.Sharnett@epa.gov]; Chase Foster[Chase.Foster@walmart.com]
Angie Cooper - Global Public Policy
Wed 6/7/2017 9:53:08 PM
RE: Intro

Thanks Ryan. Look forward to being in touch.

Sharnett - let me know what time might work best on the afternoon of Wednesday, June 21st or
Thursday June 22nd .

Thanks,
Angie

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, June 07, 2017 4:11 PM
To: Angie Cooper - Global Public Policy <Angie.Cooper@walmart.com>
Cc: Willis, Shamett <Willis.Shamett@epa.gov>
Subject: EXT: Re: Intro

Yes for sure. Sorry for the delay.

Ryan Jackson
Chief of Staff
U.S. EPA
i Ex. 6 - Personal

Privacy

!

''<:·-·-·---.,-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

On Jun 7, 2017, at 4:58 PM, Angie Cooper - Global Public Policy
<Angie .Cooper@wa lmart.com > wrote:
Hi Ryan -

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000768
ED_ 001686C _ 00000842-00001

 I wanted to reconnect and see if we might be able to find a time to touch base. Would you be
available to meet on the afternoon of Wednesday, June 21st or Thursday June 22 nd ?

Let me know if either date works or if there is a time that week that might work better.

Thanks,
Angie

Senior Director Global Public Policy
Office 4 79.277 .1530 Cell i Ex. 6- Personal Privacy i
j_•-•-•-•-•-•-•-•-•-•-•-•-•-•

I

Angie.Cooper@walmart.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000769
ED_ 001686C _ 00000842-00002

 Jackson, RyanUackson.ryan@epa.gov]
CyberSecurity Executive Order
Thur 6/1/2017 6:05:46 PM
[SPAM] Register: Implementing the President's Cybersecurity Exec Order (EO) Training

To:

From:
Sent:
Subject:

Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000770
ED_ 001686C _ 00000844-00001

 Workshop for Government
& Industry Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Keynote:

Author

Dr. Ron Ross
NIST Fellow
of the NIST Risk Management
Framework
{RMF) and
Numerous NIST Cyber Security Publications

Government Speakers are being approved for participation by their Agencies.
Potomac Forum Workshops are 100% educational programs and not sales or marketing
events!

Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the
panel and peer interactions at the workshop should be invaluable in
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:
· The approach used by the NIST RMF
· The value of the integration of the NIST RMF with the NIST

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000771
ED_ 001686C _ 00000844-00002

 CSF

• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
• Importance
of Risk Assessments
{RA), Security Control
{SCA), and Security Testing & Evaluation
Assessments
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A, Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order
You Shou

Attend

· Review the key steps within the NIST RMF and CSF
• Obtain practical knowledge of how NIST RMF and CSF are
incorporated
into information
system security
• Gain insight into conducting
and implementing
NIST RMF
and CSF in your organization
• Collect information
on how NIST frameworks
can be
leveraged to enhance the security of your organization
• Learn how risk management
and cybersecurity
are
essential for regulatory
compliance
• Learn from risk management,
security and OIG colleagues
in Federal, State and Local Governments
• Learn how other Agencies are responding to the EO
Who Should Attend:
·
•
•
•
•

CI Os, CISOs and Staff
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000772
ED_ 001686C _ 00000844-00003

 xecu 1ves w o oversee ns managemen
e
government
• All government executives, managers and staff who need
to better understand risk management and implementing
the President's Executive Order
CEUs Awarded

Upon Workshop Completion

Potomac Forum is an Authorized
of ICS{2) Credits
Press is NOT Invited

Provider

to Register or Attend

"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org

Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000773
ED_ 001686C _ 00000844-00004

 uovernment

l.;yoer ::,ecurity
I rammg
Thank You.

vvorKsnop

1:ma11List.

Future Potomac Forum Training Workshops
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Executive Order 13781 Training Workshop
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This ema il was sent to: jackson.ryan@epa.gov
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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000774
ED_ 001686C _ 00000844-00005

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Thawley, Cosimo
Wed 6/14/2017 12:15:38 AM
RE: [SEC=UNOFFICIAL]

Thanks
-----Original Message----From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, 14 June 2017 10:00 AM
To: Thawley, Cosimo <Cosimo.Thawley@environment.gov.au>
Subject:
the cell.
I'm sorry I meant to sayl_Ex.G-Personal_Privacy_:is
Thanks again.

Ryan Jackson
Chief of Staff
U.S. EPA
LEx._6-_Personal

Privacy

j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000775
ED_ 001686C _ 00000845-00001

 Jackson, RyanUackson.ryan@epa.gov]
C Boyden Gray
Sent:
Mon 6/12/2017 4:12:22 PM
Subject: Communications Role:! Ex. 6. Personal Privacy Resume
ResLJmer
i
i.-·-·-·-·-·-·-·-·-·-·-·-·-·To:

From:

1

Ex._6 - Personal Privacy •

I am passing along the attached resume of a qualified candidate looking for a communications
position.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000776
ED_ 001686C _ 00000846-00001

 To:
From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Stefano Marguccio
Mon 6/12/2017 4:03:11 PM
A pleasure to meet

Dear Jackson,
It was a pleasure to have you and your team in Bologna.
Hoping to reciprocate the visit in D.C. in autumn I send you my warmest regards
Stefano Marguccio

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000777
ED_ 001686C _ 00000855-00001

 To:
Cc:

From:
Sent:
Subject:

Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]; Horton, Melissa H.[MHIGGINS@southernco.com]
Black, Noel W.
Sat 6/3/2017 12:05:52 AM
Re: Cell

That would be great. I will be away from the phone till around 1:00 on Monday.
How about Melissa and I call you around 2:00 Monday?
Thanks, Noel
.Southern_Company

i Ex. 6 - Personal

Privacy

!

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

Please excuse any typos ...this is coming from my iPhone.
On Jun 2, 2017, at 7:54 PM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>>

wrote:

Hey Noel,
Sorry it's been hard to connect. The date is set for June 19 starting at 1 pm at EPA HQ.
I hate to call now as I hope you've started your weekend. Does it work to connect early on Monday?
Best,
Mandy
Sent from my iPhone
On Jun 1, 2017, at 11:13 AM, Black, Noel W.
<NWBLACK@southernco.com<mailto: NWBLACK@southernco.com>> wrote:
Mandy,
Running down the 19th. Fanning is not available but our COO Kim Greene is available ...She has been
very involved in the Kemper County Lignite Facility. Do you have a time and place?
Also when you have a moment give me a call. ..a couple of other questions.
Thanks, Noel Black
Vice President
Federal Regulatory Affairs
Southern Company
202.261.5024 office
1.Ex. 6 - Personal Privacy _!mobile

-----Original Message----From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov]
Sent: Wednesday, May 31, 201710:37 AM
To: Jackson, Ryan; Black, Noel W.
Subject: RE: Cell
Hey Noel, Following up from our phone call below is the list of confirmed and tentative/invited attendees.
I'll update as appropriate. Let me know if you have any follow-up questions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000778
ED_ 001686C _ 00000857-00001

 Confirmed:
Nick Akins, AEP
Gerry Anderson, DTE
Warner Baxter, Ameren
Pat Vincent-Collawn, PNM
Chris Crane, Exelon
Leo Denault, Entergy
Tom Farrell, Dominion
Ben Fowke, Xcel
Lynn Good, Duke
Sean Trauschke, OGE

Invited:
Southern Co.
NRECA (top 3 to 5)
Basin
TRI-State
APPA (top 3 to 5 from Cory)

TVA
LGE-KU
LPPC
Luminant

-----Original Message----From: Jackson, Ryan
Sent: Wednesday, May 31, 2017 6:33 AM
To: Black, Noel W. <NWBLACK@southernco.com<mailto:NWBLACK@southernco.com»
Cc: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>>
Subject: Re: Cell
Noel, we wanted to see if your CEO or appropriate representative could join a round table with the
Administrator on June 19 at 1pm in EPA for a couple hour stakeholder meeting with the Administrator on
next steps after the CPP.
We are happy to talk further on this. Much appreciated.
Ryan.

Ryan Jackson
Chief of Staff
U.S. EPA

i

Ex._6 - Personal Privacy_!

On May 30, 2017, at 10:21 PM, Black, Noel W.
<NWBLACK@southernco.com<mailto: NWBLACK@southernco.com>> wrote:
Mandy,
Just seeing this my apologies.
My cell isi Ex. 6 - Personal Privacy I

··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000779
ED_ 001686C _ 00000857 -00002

 I'll give you a call in the morning.
Looking forward to talking.
Thanks, Noel
. Southern_Company

i Ex. 6 - Personal Privacy !

··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Please excuse any typos ...this is coming from my iPhone.
On May 30, 2017, at 8:09 PM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov><mailto:Gunasekara.Mandy@epa.
gov>> wrote:
Hey Noel,
I hope you are well. What's the best number to reach you? We are setting up the CEO utility round table
with the Administrator for June 19th at EPA and we'd love Mr. Fanning to attend.
Give me a call when you have a sec::

Ex. 6 - Personal Privacy

i

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·•

Best,
Mandy
Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000780
ED_ 001686C _ 00000857 -00003

 Jackson, RyanUackson.ryan@epa.gov]
Lynn Scarlett
Sent:
Fri 6/9/2017 2:21 :48 PM
Subject: Fwd: EPA Releases Green Infrastructure in Parks: A Guide to Collaboration, Funding, and
Community Engagement
To:

From:

Good report. TNC looks forward to ways to help advance this sort of effort.
Lynn
Sent from my iPhone
Begin forwarded message:

From: "EPA Office of Water" <epaow@public .govdelivery .com>
Date: June 9, 2017 at 9:07:51 AM EDT
To: lscarlett@tnc.org
Subject: EPA Releases Green Infrastructure in Parks: A Guide to Collaboration,
Funding, and Community Engagement
Reply-To: epaow@public.govdeliverv.com

EPA Releases Green Infrastructure in Parks: A
Guide to Collaboration, Funding, and Community
Engagement
EPA has produced a guide to encourage partnerships between park agencies and
stormwater agencies to promote the use of green infrastructure on park lands. Green
infrastructure can help to maximize the environmental, economic, and social benefits of
parks. By building strong partnerships, agencies can improve park lands and access to
parks, better manage stormwater, increase community resiliency to shifting weather
patterns, and provide funding to implement and maintain park enhancements that
benefit the community.
The guide is designed to provide a stepwise approach for building relationships with

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000781
ED_ 001686C _ 00000860-00001

 potential partners, and includes information on how to identify and engage partners,
build relationships, involve the community, leverage funding opportunities, and identify
green infrastructure opportunities. It includes recommendations on the types of projects
that are most likely to attract positive attention and funding, and which provide a wide
range of benefits.
Case studies are included to illustrate the approaches presented in the guide. These
real-life examples portray how partnerships between municipal stormwater agencies
and parks departments have improved recreational resources in the community,
enhanced environmental protection, and reduced risks and burdens.
Learn More.

Stay Connected with U.S. EPA Office of Water:
SUBSCRIBER SERVICES:
Manage Subscriptions I Unsubscribe All

I

Help

Th is ema il was sent to lscar1ett@tnc.org using Gov Delivery Commun ications Cloud on behalf of U.S. EPA Office of Water
1200 Pennsy lvan ia Avenue , N.W . Wash ington , DC 20460

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000782
ED_ 001686C _ 00000860-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]; Dravis, Samantha[dravis.samantha@epa.gov]
Ross Eisenberg
Wed 6/7/2017 1:24:42 AM
Ozone

This just went up from NAM on today's announcement:
http://www.shopfloor.org/2017 /06/ epa-grants-states-much-needed-flexibility-ozone-standard/

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000783
ED_ 001686C _ 00000864-00001

 Cc:
To:

Herrgott, Alex H. EOP/CEQ[,f"·-·-·-·-·-·-·-·-·E-;:~-s·:-pe"i·soiiiiiP.rivacy-·-·-·-·-·-·--·-·1
. Jackson,_RyanUackson.ryan@epa.gov]
'

From:

:_______
Ex._6 .-.Personal.Privacy ____
___:

Sent:
Subject:

Mon 6/5/2017 11 :32:44 PM
Re: Scheduler for Scott Pruitt

Happily! Let me ask around. So great seeing you this weekend ryan!
Lauren_Claffey __________
,
! Ex. 6 - Personal Privacy !
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

On Jun 5, 2017, at 7:24 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:
Any suggestions are appreciated.

Ryan Jackson
Chief of Staff
U.S. EPA
: Ex. 6 - Personal Privacy

i

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•

On Jun 5, 2017, at 7:14 PM, Herrgott, Alex H. EOP/CEQ
wrote:

<jL--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•
Ex. 6 - Personal Privacy

f

Lauren,

Ryan is looking for someone sharp to replace someone whom is leaving to go back to
Oklahoma. You have broad, broad network.

You think you can ping some of your folks and can make some suggestions to our good
friend, the COS at EPA.

Alex

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000784
ED_001686C_ 00000866-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Steven Koonin
Wed 6/7/2017 8:59:06 PM
RE: Climate Red-Blue Prospectus

A call anytime Friday June 16 or before noon on Tuesday June 20 would work.

SEK

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, June 7, 2017 4:01 PM
To: Steven Koonin <l____________
Ex._6- _Personal_Privacy
__________
___:
Subject: Re: Climate Red-Blue Prospectus

Yes. So glad you think so. So I was hoping to use him in part to help which is the purpose for
the timing. But let's simply do something by phone. I was thinking we could make
introductions but so glad that's no necessary. Would there be a good time to simply set up a
call? Maybe just June 20?

Ryan Jackson
Chief of Staff
U.S. EPA

LEx._6 _-_Persona_l_Privacyi
On Jun 7, 2017, at 2:23 PM, Steven Koonin

t__________
Ex._6_
- _Persona_l_Privacy
__________
r' wrote:

June 20, as I mentioned . It then gets tougher to be there in person . Could manage July 6 or
7 or Aug 1 or Aug 2.

SEK

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000785
ED_ 001686C _ 00000867-00001

 PS Just got a note from Richard Yamada telling me he's coming over as AA for ORD .
Good choice.

From: Jackson, Ryan [mailto: jackson. yan@epa.gQY]
Sent: Wednesday, June 7, 2017 1: 16 PM
To: Steven Koonin <i
Ex. 6 - Personal Privacy
t
Subject: Re: Climat~ Red-Blue Prospectus
'

What about after June 12?

Ryan Jackson
Chief of Staff
U.S. EPA

i Ex. 6 · Personal
1....................

Privacy :

, ............................................................

.

On Jun 7, 2017, at 12:20 PM, Steven Koonin

4........
Ex ...6.-. Personal.P.rivacy····...f

wrote:

Possible I' d have some time early afternoon on Friday. I' ll know for sure by tomorrow
AM. Woul d that work for you?

Or I could do something before 3 pm on Tuesday, June 20 . Of course , a phone call
would be much easier, with many more opportuni ties .

SEK

From: Jackson, Ryan [mailto:jackson. yan(alepa.ggy ]
Sent: Wednesday, June 7, 2017 11:44 AM
To: Steven Koonin <1
.................•.
Ei··1r:·F,-ersonafP.riva·c·y··················:
Subject: RE: Climate Red-Blue Prospectus
1................................................................................................................................................................

)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000786
ED_ 001686C _ 00000867 -00002

 Steve, are you in DC any time in the near future?

From: Steven Koonin [mailto:stevcn Ex. 6 - Personal Privacy !
Sent: Monday, May 29, 2017 8:00 AM
To: Jackson, Ryan
Subject: Re: Climate Red-Blue Prospectus

Ryan- Good news.

I can be available on the phone
- anytime today (Monday)
- tomorrow morning before 1000
- pretty much anytime Wednesday after 1000
- many opportunities on days after that

My mobile is i Ex. 6 - Personal Privacy i If you let me know when you might call, I can be sure to
be in a place ~here I can talk.

Steve
Sent from my iPad
On May 28, 2017, at 17:13, Jackson, Ryan <jackson.ryan@cpa.gov > wrote:
Steve, the Administrator remains very excited about conducting this exercise. He
had bounced this and other ideas off others he has worked with for some time and
others in the Administration. We would like to proceed further with the red-blue
exercise. Although I do not yet have an AA for ORD, I will have a Deputy AA
for ORD starting in mid-June. He will have a few initial duties, but helping start
this process will be one of them. I would also like staff in ORD to help on this to
get the cooperation of both political and career on this project.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000787
ED_ 001686C _ 00000867 -00003

 We have determined that the best way to process your paperwork is to
compensate you as an "administratively determined" position which is unique in
the federal hiring process to EPA. There is no vetting other than OPM paperwork
which allows us to have you on the payroll in short order.

I would like to discuss with you how go about next steps when convenient.
Thanks again for your help with this. We are looking forward to it.

Ryan.

From: Steven Koonin [mail to: (_______________
Ex._6_-_
Personal _Privacy_____________
___:
Sent: Wednesday, May 3, 2017 9:57 AM
To: Jackson, Ryan
Subject: Climate Red-Blue Prospectus

Ryan:

Much enjoyed meeting with you and the Administrator last Friday.

As promised, I attach a prospectus for a Climate Science Red-Blue Exercise. As
I've watched the media since our meeting, I've become even more convinced that
this would be a very good thing to do.

Many of the design choices are deliberate, but perhaps their rationale isn't
evident. Would be happy to discuss further - this is only a first draft.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000788
ED_ 001686C _ 00000867 -00004

 Steve

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000789
ED_ 001686C _ 00000867 -00005

 From:

Marathon Petroleum Corporation
Thur 6/1/2017 3:49:09 PM
Invitation-Retirement Reception for Patricia Richards
lnvitation.pdf

Sent:
Subject:

Greetings!
You are cordially invited to join our Chairman, President and Chief Executive Officer Gary
Heminger for a Retirement Celebration Reception honoring Patricia Richards on Wednesday
June 2Pt from 5:30 p.m. - 7:30 p.m. in the Mansfield Room (S-207) of the U.S. Capitol.
The invitation is below and attached.

Please RSVP by replying to this e-mail or clicking here .
We appreciate your consideration.
Best Regards,
Marathon Petroleum Federal Government Affairs Team
Jake Menefee, Mike Birsic, Guy Beeman & Steve Higley

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000790
ED_001686C _00000878-00001

 Gary R..Heminger
Chairman,Presidentand Chief E~ecutiveOfficer
MarathonPetroleumCorporation

lb
Toa

rement Celebra
Honoring

tricia

cha s

Vice President Federal Government Affairs

Welcoming

Jake Menefee
Vice President Federal Government Affairs

W

nesday, June 21, 2017
5:30 p ..m..- 7:30 p ..m..

United States Capitol
The Mike Mansfield Room (S-207)
The House and Senate EthicsCommittees'41/ere
consulted in the planning
of this event to ensurecompliancewith all applicablerules

AME

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000791
ED_001686C _00000878-00002

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000792
ED_001686C _00000878-00003

 Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]
Hall, Martin L
Tue 6/13/2017 10:33:40 PM
Re: *EXTERNAL* Roundtable June 19

To:
Cc:

From:
Sent:
Subject:

Great! Thank you Mandy.
On Jun 13, 2017, at 6:17 PM, Gunasekara, Mandy <Gunasekara .Mandy@epa .gov> wrote:

The plan is around 2 hours. Ryan and I plan to formalize there agenda tomorrow so will be
able to provide clarity soon.
Sent from my iPhone
On Jun 13, 2017, at 3:02 PM, Hall, Martin L <rnlhall@firstenergycorp .com> wrote:

Ryan, Mandy
Do you have any idea how long this will run? Trying to schedule some other meetings
while Chuck is in town.
Thanks
Marty
On Jun 4, 2017, at 9:53 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Thx.

Ryan Jackson
Chief of Staff
U.S. EPA
: Ex. 6 - Personal Privacy :
i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

On Jun 4, 2017, at 6:35 PM, Hall, Martin L <rnlhall@firstenergycorp .com>
wrote:

Ryan,
I confirmed with with Chuck Jones (FE CEO) and he is reworking his
schedule so that he can participate.
Thanks,
Marty
On Jun 4, 2017, at 2:19 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000793
ED_ 001686C _ 00000882-00001

 All --

Thank you for your interest, participation, and your help in coordinating
your trade association members' participation in the round table with
US EPA Administrator Scott Pruitt to discuss a regulatory path forward
for the utility sector. Having an open and robust dialogue with the
regulated community is a foundational component of setting meaningful
and balanced environmental standards. We look forward to learning
more about your perspective as the utility sector not only powers our
economic growth, but is also at the forefront of developing a more
efficient and cleaner energy future.

The roundtable will start at 1 pm on June 19 at the US EPA
headquarters in the Green Room in the Administrator's Suite. We will
follow up with an official agenda in the coming days. We have
received a number of RSVP's and appreciate that. Please confirm your
attendance or the attendance of your trade association members by June
12. Should you have any questions, please email or call at i Ex. 6 - Personal Privacy

1-·-·-·-·-·-·-·-·-·-·-)

!

Ex.6-PersonalPrivacy

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

!

i

i.-·-·-·-·-·-·-·-·-·-·-j

Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
[_E~--6_~ersonal

Privacy_!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000794
ED_ 001686C _ 00000882-00002

 The information contained in this message is intended only for the
personal and confidential use of the recipient(s) named above. If the
reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this communication in error, please
notify us immediately, and delete the original message.
The information contained in this message is intended only for the personal and
confidential use of the recipient(s) named above. If the reader of this message is
not the intended recipient or an agent responsible for delivering it to the intended
recipient, you are hereby notified that you have received this document in error
and that any review, dissemination, distribution, or copying of this message is
strictly prohibited. If you have received this communication in error, please notify
us immediately, and delete the original message.
The information contained in this message is intended only for the personal and
confidential use of the recipient(s) named above. If the reader of this message is not the
intended recipient or an agent responsible for delivering it to the intended recipient, you
are hereby notified that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have
received this communication in error, please notify us immediately, and delete the original
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EPA-17-0193 and EPA-17-0194-A-000795
ED_ 001686C _ 00000882-00003

 To:
Cc:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Hale, Michelle[hale.michelle@epa.gov]
Junk, Michael
Wed 6/7/2017 8:46:03 PM
Re: additional portraits

Let me work on this. We can make it happen.
Sent from my iPhone
On Jun 7, 2017, at 4:35 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Damn it.
Junk, can you help us with Gilcrease?

Ryan Jackson
Chief of Staff
U.S. EPA
[_Ex._6 - Personal Privacy_

i

On Jun 7, 2017, at 4:32 PM, Hale, Michelle <hale .michelle@epa .gov> wrote:

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Wednesday, June 7, 2017 4:30 PM
To: Hale, Michelle <ha1e.miche11e@epa.gov>
Cc: Kelly, Claire <KellyC@si .edu>
Subject: RE: additional portraits

Hi Michelle,

What a busy time! Sorry for the delay but the Chief curator was out as I mentioned, and then
in a meeting all day Tuesday.

So, the bottom line is this - we have been bombarded with requests from the new
administra tion for portraits and after discussing with the curators have decided to limit the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000796
ED_ 001686C _ 00000886-00001

 number of objects on loan to any "high-ranking government official" to two. We also need to
make sure that we have objects available for our own exhibition needs and a long-term loan of
four years can be a constraint.

I hope the Adminis trator enjoys the portraits he has and I am sorry for the bad news.

Beth

From: Hale, Michelle [mailto:halc.rnichelle@epa .gov]
Sent: Monday, June 05, 2017 10:32 AM
To: Isaacson, Beth <IsaacsonB @si.edu>
Subject: RE: additional portraits

Hi, Beth, any word?

From: Isaacson, Beth [mailto :IsaacsonB @si.edu]
Sent: Friday, May 26, 2017 3:40 PM
To: Hale, Michelle <hale.rnichelle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

Hi Michelle,

We may have a Henry Clay in storage but I do not know the conditio n of the painting. The
chief curator is out until the first week in June so this will have to wait until she returns.

Have a good holiday weekend,
Beth

From: Hale, Michelle [mailto:ha lc.michelle@epa .gov]

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000797
ED_ 001686C _ 00000886-00002

 Sent: Thursday, May 25, 2017 5:21 PM
To: Isaacson, Beth <IsaacsonB@si.edu >
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: Re: additional portraits

How about Henry Clay?
Sent from my iPhone
On May 25, 2017, at 4:54 PM, Isaacson, Beth <IsaacsonB@si .edu> wrote:
Hi Michelle,

I jus t heard from our chief curator and she is not willing to lend Sir Winston Churchill right
now because she is not sure when we might need him again for our exhibition purposes .

Beth

From: Hale, Michelle [mailto:hale.michelle @epa .gov]
Sent: Thursday, May 25, 2017 4:06 PM
To: Isaacson, Beth <IsaacsonB @si.edu>
Subject: RE: additional portraits

If we get another one - we will hang it on the wall farthest from the windows - I
remember we can't hang anything over the fireplace due to the lighting.

From: Isaacson, Beth [mailto:IsaacsonB @si.edu]
Sent: Thursday, May 25, 2017 4:02 PM
To: Hale, Michelle <hale.michelle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

One Daniel Boone in on display here in the galle ry and the othe r is on a long-term loan
already .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000798
ED_ 001686C _ 00000886-00003

 We only have the one painting of Winston Churchill so I will have to check on that with
the curators and historians and let you know.

Where would you put the painting? If I recall correctly we have issues with too much light
in the office ...

From: Hale, Michelle [mailto:hale.rnichelle@epa .gov]
Sent: Thursday, May 25, 2017 3:50 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

I see that there are several Daniel Boone and Winston Churchill portraits. Are
they available for loan?

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Thursday, May 25, 2017 3:47 PM
To: Hale, Michelle <hale.rnichelle@epa .gov>
Subject: RE: additional portraits

Hi Michelle,

We do not have a limit, per se, but we have had many requests with the change of
administ ration so we are running out of paintings.© That being said, we do not have a
selection of portraits in a "lending program" -you would either have to give me names or
look up on our website http://npg.si.edu/portrai ts to search for portraits. We do not lend
photographs, prints or drawings (actually any work on paper) and we do not lend objects
on view here at the gallery .

Let me know what you want to do,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000799
ED_ 001686C _ 00000886-00004

 Beth

<image00l.png>

Beth Isaacson

Exhibition Assistant
Smithsonian
National Portrait Gallery

lsaacsonB@si.edu

I

202.633.8282

Mailing Address
MRC 973
PO Box 37012
Washington, DC 20013-7012

Street Address
750 Ninth Street NW, Suite 410
Washington, DC 20001

<image002.png> <image003.png> <image004.png> <image005.png>

AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000800
ED_ 001686C _ 00000886-00005

 From: Hale, Michelle [mailto:ha 1e.miche1le@epa .gov]
Sent: Thursday, May 25, 2017 3:25 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: additional portraits

Beth,

Could you let me know what the limit is on portraits that we can obtain from the
National Portrait Gallery? We love the Marshall and Monroe and would like to
get some more if possible and if available. Do you have a list of the portraits that
are available in your lending program?

Michelle Hale
Executive Assistant to the Administrator
Environmental Protection Agency
1200 Pennsylvania Ave., NW,

WJCS, Suite 3000
Washington, D. C. 20460
(202) 564-1430

Confidentiality Warning: This message and any attachments are intended only for the
use of the recipient(s), are confidential, and may be privileged. If you are not the intended
recipient, you are hereby notified that any review, retransmission, conversion to hard
copy, copying, circulation or other use of all or any portion of this message and any
attachments is strictly prohibited. If you are not the intended recipient, please notify the
sender immediately by return email and delete this message and any attachments from
your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000801
ED_ 001686C _ 00000886-00006

 Hupp, Millan[hupp.millan@epa.gov]; Khary Cauthen[cauthenk@api.org]; Jackson,
RyanUackson.ryan@epa.gov]; Hilary Moffett[moffetth@api.org]
Cc:
Hupp, Sydney[hupp.sydney@epa.gov]
From:
Susan Tackish
Sent:
Thur 6/1/2017 3:29:23 PM
Subject: RE: Administrator Pruitt Meeting schedule request
To:

Thanks Millan, I look forward to hearing from Sydney . Best , Susan

Susan A. Tackish
EA to the President & CEO

API 11220 L Street, NW I Washing ton, DC 20005
202 .682.8502 P I 202 .682.811O F I tackishs@api.org

From: Hupp, Millan [mailto:hupp.millan@epa.gov]
Sent: Thursday, June 01, 2017 11 :26 AM
To: Khary Cauthen; Jackson, Ryan; Hilary Moffett
Cc: Susan Tackish; Hupp, Sydney
Subject: RE: Administrator Pruitt Meeting schedule request

Khary,

It is a pleasure to hear from you. I am copying the Administrator's scheduler, Sydney Hupp, on this email
as well so that she may work with Susan.

Thank you very much,
Millan

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000802
ED_ 001686C _ 00000887-00001

 From: Khary Cauthen [mailto:cauthenk@api .org]
Sent: Thursday, June 1, 2017 11: 18 AM
To: Jackson, Ryan <gackson .ryan@epa .gov>; Hupp, Millan <hupp .millan@epa .gov>; Hilary
Moffett <moffctth@api .org>
Cc: Susan Tackish <tackishs@api .org>
Subject: Administrator Pruitt Meeting schedule request

Ryan/Millan: Good morning, hope that all is well with you. My President and CEO Jack Gerard
would like to schedule a meeting with Administrator Pruitt to follow up on several items the
Administrator touched on in his remarks to API' s Board meeting in March as well as ongoing
regulatory activities. Our hope is to schedule this 40 minute meeting at the Administrator's
earliest in town availability.

I have copied Susan Tackish, Mr. Gerard's Executive Assistant on this email. She manages his
schedule/calendar and can facilitate scheduling the meeting.

Thanks in advance for your assistance.

Khary
202-682-8209 o
!

i Ex. 6 - Personal

!

Privacy

'i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

!C

'

AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000803
ED_ 001686C _ 00000887 -00002

 Jackson, RyanUackson.ryan@epa.gov]
Strategy Execution Insights
Thur 6/15/2017 4:22:22 PM
Simplify Your Planning Process I Master 4 Stages to an Execution Culture

To:

From:
Sent:
Subject:

I

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EPA-17-0193 and EPA-17-0194-A-000804
ED_ 001686C_ 00000890-00001

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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000805
ED_ 001686C _ 00000890-00002

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000806
ED_ 001686C_ 00000890-00003

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]; Munoz, Charles[munoz.charles@epa.gov]
Trey Glenn
Wed 6/7/2017 8:42:51 PM
Trip to DC

I hope y'all are well. I am still firming up plans, but will likely be in DC on Tuesday the 20th. Please let
me know if there is anything that I need to get with either of you (or anyone else) on while I'm in town.
Thanks,
__________
Trey_Glenn _____
_
i.Ex._s_-Personal Privacy .i(cell)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000807
ED_ 001686C _ 00000896-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Steven Koonin
Mon 6/12/2017 1:51 :04 PM
[SPAM] Keeping you in the loop

Ryan
Just to keep you up to date. Last Friday, I, together with Will Happer (Princeton Professor Emeritus, likely
Red Team member) and Kathleen Hartnett White (slated to be next CEO Chair) had a brief meeting
Lamar Smith and his staff re the Red/Blue Exercise. Chairman Smith was very supportive and, in a
longer meeting with just the staff, they volunteered to organize a letter from multiple Members to the
White House urging such an exercise be conducted. Since that latter will involve a broader circulation of
a draft prospectus, I will modify the latter just slightly.
Steve
PS Saw Richard Yamada briefly on that visit as well, although he didn't sit in on any of the meetings and
he didn't mention (perhaps unaware) his pending involvement in this business.
Sent from my iPad

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000808
ED_ 001686C _ 00000901-00001

 Jackson, RyanUackson.ryan@epa.gov]
David Schnare
Sent:
Wed 6/7/2017 8:20: 12 PM
Subject: Fwd: Pebble Mine lobbying
EPA-4880-000044.pdf
EPA-4880-000046. pdf
To:

From:

Because he had the attached emails, I could not duck this. I answered the questions as shown
below.
I also said the Roberson briefing was before Scott came on board, or thereabouts, that this issue
was being forced by a court deadline, that Scott was already aware of the issue when I raised it
with him, and that I suggested he get a full briefing so that he could determine what he wanted to
do about the matter. I also said that I'd received a short OW briefing while on the Beachhead
team and well before Scott was even named to be Administrator, and received a lengthy briefing
by OW, also before I met with Scott, and that my role was to identify the issues and ensure all
appropriate arguments were assembled for Scott's consideration. And, I told him that Robertson
did not tell me anything the Agency didn't already know.
d
---------- Forwarded message ---------From: Kevin Bogardus <kh,Qgardus@eenews.net>
Date: Wed, Jun 7, 2017 at 3:34 PM
Subject: Pebble Mine lobbying
To: •1·'-·-·-Eits·=·P-er;~ii-aTPi-i~acy·-·-·"11-·-·Ex:-s-:·Pe·rso-iiai·-P·;:iva"cy-·-·:
··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

David,

Hi, it's Kevin Bogardus with E&E News.

Myself and a colleague are working on a piece about Pebble Partnership lobbying EPA to reach
a legal settlement and allow the permit process for the mining project in Bristol Bay, Alaska to
begin. We will be quoting from emails and other records released to the Natural Resources
Defense Council under a Freedom of Information Act request (please see attached for some
examples). I have a few questions about this, which are:

• · Did you give Administrator Pruitt a "specific proposal" from Pebble Partnership, as you
requested from Peter Robertson (please see page 2 of EPA 4880 000046)?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000809
ED_ 001686C _ 00000903-00001

 No. I never gave Scott anything in writing. (We raised it in the daily brief in a single sentence.)

•·

Did you meet in person with Robertson on Feb. 22 (please see page I of EPA 4880
000046)?
Yes.

•· On May 12, EPA did decide to reach a legal settlement and allow the permit process for the
mining project in Bristol Bay, Alaska to begin. How much influence did Pebble Partnership's
lobbying of EPA influence the agency's decision?
I am not aware of the content of the legal settlement, but because Pebble did not provide any
information or argument we had not already heard, I don't see how they could influence the
agency's decision, especially as they never met with Scott and I left before Scott directed
anything and before the settlement was made.

Please get back to me as soon as possible. My deadline is noon EST Thursday, June 8, but the
sooner you get back to me, the more it helps my reporting. Thank you for your help.

Kevin Bogardus
E&E News reporter
kh_Qgardus@eenews.net
202-446-040 I (p)
I Ex. 6 - Personal

Privacy!

c)

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·"

202-737-5299 (t)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000810
ED_ 001686C _ 00000903-00002

 E&ENEWS
122 C Street, NW, Suite 722, Washington, DC 20001
www.eenews.net • www.eenews.tv
EnergyWire, Climate Wire, E&E Daily, Greenwire, E&ENews PM, E&ETV

David W. Schnare, Esq. Ph.D.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000811
ED_ 001686C _ 00000903-00003

 To:

From:
Sent:
Subject:

Schnare, David[schnare.david@epa.gov]
Peter Robertson
Thur 2/23/2017 6:25:48 PM
Things you asked for.

David,

Thanks again for taking the time yesterday. If you have questions after speaking with
Region 10, I would really appreciate the opportunity to respond to them.

Here are some of the things I promised to forward to you. First, I hope you got my email
last night with the partial transcript of Lisa Murkowski's statements about both Pebble
and your boss. If you didn't let me know and I'll resend.

I promised a link to the House Science Committee letter. Here is the link to their press
release, https://science.house.gov/news/press -releases/smith-recommendsadministrato r-pruitt-rescind-pebble-mine-decision , and here is the link to the
letter. https://science.house.gov/sites/republicans.science.house.gov/files/documents/02.22.1

7%20SS

Here's the link to EPA's web page on Pebble. www.epa.gov/bristolbay It has the links
to the Bristol Bay Watershed Assessment and some other docs. Here is the link to the
EPA web page with a chronology of all of EPA's 404 vetoes. https://www.epa.gov/cwa404/chronology-404c-actions Number 7 (Henry Rem et al, in Dade County Florida) is
the one that the Agency points to as having done a 404 preemptive veto before. Again,
a totally inapt comparison.

Here is the 1992 MOU between the Corps and the EPA.
hUps://www.epa.gov/sites/production/files/2015-06/documents/1992

moa 404q.pdf

You also asked for information about tribes (and other local entities) that support due
process for Pebble. Here is a link to a page on our website that lists 29 different tribes,
municipal organizations and other entities that are on record favoring due process for
Pebble. https://corporate.pebblepartnership.com/about Many of these expressions are
7 or 8 years old, but they still represent the views of those entities.

We are going to try to get a letter from the delegation; I will also have later in the day
some other documents related to the State's expressions of support for due process.

As always, let me know if you have any questions.

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000812
EPA-4880-000044
ED_ 001686C _ 00000904-00001

 Peter

I wanted to get

AMf-HICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000813
EPA-4880-000045
ED_ 001686C _ 00000904-00002

 To:

From:
Sent:
Subject:

Schnare, David[schnare.david@epa.gov]
Peter Robertson
Thur 2/16/2017 8:15:46 PM
Re: Pebble

See you then. Thanks.

Peter

From: Schnare, David <schnare.david@epa.gov>
Sent: Thursday, February 16, 2017 2:35:16 PM
To: Peter Robertson
Subject: RE: Pebble

Wed, the 22 nd , 5pm.

d.

From: Peter Robertson [mailto:peterrobertson@pebblepartnership.com]
Sent: Thursday, February 16, 2017 2:19 PM
To: Schnare, David <schnare.david@epa.gov>
Subject: Re: Pebble

David,

How about Wednesday afternoon at 5 :00 or as late as you want. If Wednesday doesn't work, I
could also do Friday afternoon, anytime you want.

Thanks.

Peter

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000814
EPA-4880-000046
ED_ 001686C _ 00000905-00001

 From: Schnare, David
Sent: Thursday, February 16, 2017 7:50:44 AM
To: Peter Robertson
Subject: RE: Pebble

Peter:

My calendar for next week is relatively open, although with the new Administrator coming in, and
a heavy briefing schedule for him in the wings, it could get messy rather quickly. Late afternoon
is often the best time (after 5). Let me know what day you want and I'll hold that time.

I am aware of the problem in general but do not have specifics. Can you bring with you a
timeline of events and a status on the legal actions? The preemptive strike by the last
administration was indeed unprecedented and I don't want to see it become a precedent,
particularly because it is a violation of Pebble's due process rights.

In any case, I need to get this set up for the Administrator, which means I need the full
background and a specific proposal on what we can and should do. Without meaning to be flip,
that's your homework assignment.

Best,
David Schnare

From: Peter Robertson [mailto:peterrobertson@pebblepartnership.com
Sent: Wednesday, February 15, 2017 4:37 PM
To: Schnare, David
Subject: Pebble

]

David,

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000815
EPA-4880-00004 7
ED_ 001686C _ 00000905-00002

 Thanks for chatting with me briefly. I'm the Senior Vice President for Corporate Affairs
for the Pebble Partnership. As you may know, Pebble is trying to develop a world-class
copper mine in southwestern Alaska. We have yet to submit the first of the permit
applications necessary to move ahead with the mine -- the permit application under
section 404 of the Clean Water Act.

EPA, through Region 10, has moved to block our efforts to develop the mine by putting
forward a preemptive veto of the mine -- before we submit our perm it application -under Clean Water Act section 404(c). This action is unprecedented and fundamentally
unfair. There is no environmental harm that comes from allowing us to submit our
permit application, because the Corps of Engineers (which reviews these permit
applications) may say no, and even if the Corps says yes, the Agency retains the ability
to veto the permit. We are only looking for the same due process that 60,000 other
perm it applicants get each year.

There is a significantly long history of this matter (including our ongoing litigation against
the Agency), and I would appreciate the opportunity to discuss it with you and seek your
guidance and assistance on our efforts to work through these issues with the Agency.

Do you have time for me to meet with you in the near future?

Sincerely,

Peter Robertson

Peter D. Robertson
Senior Vice President for Corporate Affairs
The Pebble Partnership
1330 Connecticut Avenue, NW
Washington, DC 20036

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000816
EPA-4880-000048
ED_ 001686C _ 00000905-00003

 Office: 202-629-3392
.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

Cell:

: Ex. 6 - Personal Privacy

i

i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

AMf-HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000817
EPA-4880-000049
ED_ 001686C _ 00000905-00004

 Jackson, RyanUackson.ryan@epa.gov]; Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Hupp, Sydney[hupp.sydney@epa.gov]
From:
Chiang, Amy
Sent:
Wed 6/7/2017 8:16:56 PM
Subject: RE: Meeting with Administrator Pruitt June 28th
Pruitt meeting request 6-7-17.pdf
To:
Cc:

All- -Including a formal request letter here as well if it' s helpful. Please let me know if you need
more informa tion .

Best,
Amy

From: Chiang, Amy
Sent: Friday, June 02, 2017 1:41 PM
To: 'jackson.ryan@epa.gov'; 'Gunasekara.Mandy@epa.gov'
Cc: 'hupp.sydney@epa.gov'
Subject: Meeting with Administrator Pruitt June 28th

Ryan and Mandy,

Hope all is well. I'm sure things are busy over there given yesterday's
announcement.

We were hoping Administrator Pruitt might have some time to meet
Honeywell's Performance Materials and Technologies CEO, Rajeev
Gautam, and Honeywell's General Counsel, Kate Adams, on June 28th ?
We are eager to give him an overview on our business and specifically talk
about the Significant New Alternatives Policy (SNAP) program and SNAP
rules, Montreal Protocol and greenhouse gas emissions and fuel economy
standards for light-duty vehicles.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000818
ED_ 001686C _ 00000913-00001

 Please let me know if timing works and if you need anything more
from my end.

Best,
Amy

Honeywell (www.honcywcll.com ) is a Fortune 100 diversified technology and manufacturing
leader, serving customers worldwide with aerospace products and services; control technologies
for buildings, homes, and industry; turbochargers; and performance materials. For more news
and information on Honeywell, please visit www.honcvwcll.com/newsroom.

Honeywell Performance Materials and Technologies (PMT) is a global leader in helping
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Spectra®, a lightweight but incredibly strong fiber used in bullet-resistant armor, helmets and
other performance fabrics. Honeywell UOP (www.uop.com) helped create the modem refining
industry, and its process technologies and catalysts form the foundation for most of the world's
refineries, petrochemical manufacturers and natural gas processors. Honeywell Process Solutions
(www.honeywellprocess.com) is a pioneer in automation control, instrumentation and services
for industries such as oil and gas, refining, pulp and paper, industrial power generation,
chemicals and petrochemicals, biofuels, life sciences, and metals, minerals and mining.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000819
ED_ 001686C _ 00000913-00002

 Hon~ywell
Amy Chiang
Vice President

Honeywell
IOI ConstitutionAvenue, NW

Head or Energy & Environmem
Global GovernmentRelations

Suite 500 West
Washington,DC 20001

202.662.2638
amy.chiang@honcywell
.com
www.honeywell.com

June 7, 2017
The Honorable Scott Pmitt
Administrator
United States Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Was~ington, D.C. 20460
Dear Administrator Pruitt:
On behalf of Honeywell, headquartered in Mon-is Plains, NJ, I would like to request a meeting
for our leadership to meet with you to discuss issues that are critical to our Fluorine Products
business that develops new environmentally preferable hydrofluoro-olefins (HFQ) refrigerants,
foam blowing agents, propellants, and solvents.
Honeywell is a recognized leading innovator in the development and commercialization of
HFOs. This business is a multi-billion dollar industry in which the United States has a clear first mover advantage and EPA's Significant New Alternatives Policy (SNAP) office is essential for
continued economic development in this growth sector. U.S. companies are investing over $ I
billion in the development and manufacture of HFOs to meet global demand for next-generation
alternatives to hydrofluorocarbons (HFCs), but foreign competitors are looking to take ground
from the United States in this industry. At stake are thousands of U.S.-based jobs supporting
local economies, including our manufacturing plants in Louisiana and an R&D site in New York.
Continued funding of these programs will keep industry at a competitive advantage and reduce
the business uncertainty which hinders investments and j ob creation.
We strongly support EPA SNAP Rules 20 and 21 (Protection of Stratospheric Ozone: Change of
Listing Status for Certain Substitu tes under the Significant New Alternatives Policy Program;
and Protection of Stratospheric Ozone: Significant New Alternatives Policy Program New and
Changed Listings) . These rules are critical to the successful transition, already underway, and
now guided by the Kigali Amendment to the Montreal Protocol (Kigali Amendment), from
hydrofluorocarbons (HFCs) to HFOs in refrigeration, air-conditioning, foam blowing, solvent,
and aerosol applicati ons. This transition is driving economic growth and job creation at home
and supporting U.S. companies' ability to benefit from exporting innovative products. In
addition to the SNAP rules , the EPA Greenhouse Gas Emissions Standards are essential for
implementing the transition from HFCs to HFOs via the motor vehicle air conditioning
refrigerant credit incenti vc.

AMll~ICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000820
ED_ oo1686C_ 00000914-00001

 We would appreciate the opportunity for Rajeev Gautam, President and CEO of Honeywell
Performance Materials and Technologies; Kate Adams, Senior VP and General Counsel, Jim
Carroll, Senior VP, Global Government Relations and myself to meet with you in your offices in
Washington, D.C. on the morning of June 28.
We look forward to providing you with information about Honeywell and the critical role that
EPA plays in our business.

Vice President, Government Relations

/\MEn 1c/\ .J

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000821
ED_ 001686C _ 00000914-00002

 To:

From:
Sent:
Subject:

Myron Ebell[Myron.Ebell@cei.org]
Myron Ebell
Thur6/1/2017 2:36:11 PM
Cooler Heads Coalition action alert on Paris Climate Treaty

President Trump is scheduled to announce his decision to cancel the Paris
Climate Treaty at 3 PM today. I don't have any idea which route to
withdrawal he will take.

The environmental pressure groups, the international establishment, many
corporate CEOs, the Democrats, and the Swamp in general are going to
attack him in the media with everything they've got. I hope that everyone
who can will support and praise the pullout in every public media channel
you use. Note that the President's Twitter handle is @realDonaldTrump.

Myron Ebell
Director, Center for Energy and Environment
Competitive Enterprise Institute
1310 L Street, N. W., Seventh Floor
Washington, DC 20005, USA
Tel direct: (202) 331-2256
Tel mobile: i Ex. 6 • Personal

Privacy

~---·-·-·--·-·-·-·-·-·-·-·-·-·-·-·-·-··

i

E-mail: Myron .Ebell@cei.org
Stop continental drift!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000822
ED_ 001686C _ 00000922-00001

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Mon 6/5/2017 10:01 :23 PM
Subject: UPDATED 05Jun - Travel Receipt for.JACKSON/RYANT Travel date 07Jun
Travel Receipt Communication Attachment- : --··-·"·"·"· "· ~ June 7 2017.PDF
L---·-·-·-·-·-·-·-·-·-· .

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.
To view your trip via Viewtrip, please click here

Printe r Friend ly

Total Amount: 214.94 USD
This ticket information applies to the following trip(s):
~!'!!.~?.~~!-~_e_c_~r~ty-l:~:-~!._E..~'._7-~-~-~!C:_!_E_;_~_~_.
__T~----·-·-·-·Jon
June 07 (Operated By:
Delta Air Lines Flight[ ___________
Endeavor Air Dba Delta Connection)
Delta Air Lines Flight___
Personal_Security_Ex._6; Ex. 7C; EdE;_Ex. 7F __.toRome on June 07
Jrom Rome toL_"'"
""'"''""·'"·""·""·"__iOn
June 13 (Operated By: Alitalia
Delta Air Lines Flightl___________
S.P.A)
Delta Air Lines Flight~ Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F !DC on June 13 (Operated By:
Endeavor Air Dba De)"fii"-Coii"ii"eclii:fiiT·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j
00

ElectronicTicket Numberi
i
i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~
Invoice Number: 000168562
Ticket Amount: 1,842.76 USD
Prior TicketL
i
Old Ticket Value: 1,681.06 USD
Penalty/Exchange Fee: 0.00 USD
Add/Collect: 161.70 USD
Form of Payment: CA ************5946
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

Personal.Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000823
ED_ 001686C _ 00000923-00001

 Service Fee Number: 8900693781289
Service Fee Amount: 53.24 USD
Form of Payment: CA ************5946

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

Status

Depart/ Arrive

Class/Type

1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

06/07/201 PersonalSecuntyEx.6;.Ex.7C;Ex.7E;Ex.7F I
061011201·-·-·-·-·-;Fco
t::.:::::::~
·::.-:.1
1-•-•-•-•-•

I

06/13/20 l FCQJL--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·• !
PocsoaalS,m;cyE'6

E,.7C

E,.7E

E,.7F

!

i
'

06/13/20 l J__

Personal SecurityEx .. 6; Ex .. 7C; Ex. 7E; Ex .. 7F __

Confirmed
Confirmed;
;
;
;

Confirmeq Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F
;
;
;

Confirmed;
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

Add to Cal enda r Need Help?

i

Delta Air Lines Fiigh~ ·-···· · · · Econon-,y
Depart:

Amve :

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;
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Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

'

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!_____________________________________________________________________________________
!

Duration:
Status
Equipment:
·o perated By:
Seat
Distance:
CO2 Ernissions:

i hom( s) and 17 min:Ite(s) Non-stop
.-·-·-·-·-·-·-·-·-·-;
Confirmed Deita Air Lines Record L.ocator i ...............
· ····!
L--·-·-·-·-·-·-·-·-'
Canada!r Regional .Jet 900
Endeavo r Air Dba Deita Connectioro
Ass;gned at Check-in
212 miies / 341.108 kilome ters
i 16.6 :bs/53 kgs

Remarks:

FOR UP TO DATE TR AV EL !NFORMATiON ON AiRUNE

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000824
ED_ 001686C _ 00000923-00002

 CHECK-iN/R EST R!CT !ONS/L iM iTAT!ONS/ SECU RiTY.
PLEASE CHEC K \WWV DELTA CO M
NO FREQUE NT Fl.YER !N YO UR PROF!LE FOR CARRIER BOOK ED

i Economy

Delta Air Lines Flight!
j_•-•-•-•-•

Online check-in

I

~--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.

Depart:

i

!

j Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

!

!

i

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·--·-·-·-·-·-·-·-·-·-·-·-·-··

Fiumicino , Terminal 3
.-enme.JfaJ,y
:····..···".'' · ·· ·!Thursday , June 8 2017

Arrive:

Duration:
Total duration:
Status:

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover{s) ·-·-·-·-··
Confirmed - Delta Air Lines Record LocatorL""""'"""
"" " '"' '" ' " " !

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles/ 6859.167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

SEAT ASSIGNMENT CONFIRMED:38B
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED

Add to Cal enda r Need Help?
r·-·-·-·-·-·-·-·

.

Online check-in

Delta Air Lines Fiig~. ·-···· · ·· _:Economy
Depart:

Fiurnicino. Terrnina! 1
Rome. Italy
L···· ¥""'"' ".""''_iuesday, June i 3 20 17
0

Amve :

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Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i

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j_ ____________________________________________________________
j

Durat!on :
Status

9 hour(s) a nd 35 minute(s) Non-stop
,·-·-·-·-·-·-·-·-·-·-·-··
Confirmed Delta Air Liries Record L.ocatort. ·· ··- •" · """'""._I

Meai:
Eq uipment:
'Opr::rated By:
Seat
Distance :
CO2 Ernissions:

Lunch
Boeing 777-200/ 200ER
Aiital!a
Assigned at Check-in
426:'Jn-,i:es / 68ti9.167 kilometers
i .594.36 ibs/724.71 kgs

Remarks:

NO FREQUE NT Fl.YER !N YO UR PROF!LE FOR CARRIER BOOK ED

Online check-in

Delta Air Lines Flighi. ·-,···.- . ,. jEconomy
Depart:

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.

'i
i

i'
i

i'

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i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i
Arrive:

t_____________________________________________________________________
j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000825
ED_ 001686C _ 00000923-00003

 Duration:
Total duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:
Remarks:

Washington, District of Columbia , United States
08:17 PM Tuesday, June 13 2017
1 hour(s) and 47 minute(s) Non-stop
15 hour(s) and 37 minute(s) including layover(s\________________
_
Confirmed - Delta Air Lines Record Locator! ~"'"""'"""'';"";"";"ff !
Canadair Regional Jet
'
·
Endeavor Air Oba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEAL TH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.OHS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORTNISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSUL TANT OR THE AIRLINES WEBSITE.

DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK

05Jun/05:01 PM

TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security
requirements regarding permitted and prohibited articles and goods related to your travel.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000826
ED_ 001686C _ 00000923-00004

 Air

Car

Hotel

Rail

Other

Fare information

Refund restrictions
before departure

Change restrictions
after ticketing

Ticket information

REFUND
RESTRICTIONS MAY
APPLY

CHANGE
RESTRICTIONS MAY
APPLY

1,842.76 USD

Vendor
Air

!
!

j••••o~""Y'" """ " '""

!
!'

I07Jun
~Jun
! 13Jun
i 13Jun

'i

Total:
USO 1,842.76

·-·-·-·-·-·-·-·-)

All quotes are provider quotes excluding possible taxes and charges en route. Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the header of this document. Please note that
some local taxes and charges may be invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardons Materials

Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in 5 years
imprisonment and penalties of$250,000 or more (49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.
Forbidden Dangerous Items Examples:

Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggage. If your
carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.

Email generated on 0SJun/10:01 PM UTC

BC D 'r ravel acts only as an agent for the airli nes, hotels ~.bus co i:npanies,. railroads~.tour operators ~.cruise lines, car rental companie s~.and other
simila r third parties proYiding accommodations. transportat ion . or other med mg and travd related se1T1ces ("Supplie rs"'). Supplie rs me
indep endent and do not ac t for or on hd ialt" of BCD rra,·d. are not empl oy ee, of BC!) rra Yel. and Jo not June a jomt ,·enture or partne rship " 1th
BCD J'nl\·d. Suppliers Jrn,·e their 0\\11 tt'rms and conditi ons for the Ser',ic.;s the y proYide . and you agree to abide hy the term s and conditions set
forth rn any and all doc uments for any such Supplier se1T1ces. incl uding . "1thout limi tation . all cancdlm10n fees. B:, utilinng the service s
represented by this itmernry. you agree to the for ego ing and also agre e that neith er BCD rnn el or its paren t. affiliate,. subsidianes . rartne rs.
agen ts . and then- respecti,e offi cer s. direc tors . employe e, . and repre sentati,·es shall be or become liable for any los, . cost. expense. injury.
accid ent. or dama ge to person or prope rty re,ulti11g direc tly or 111d
1rectly from (i) the acts or 0111
1,sions of Supplie rs. includmg . but not limited to.
delays or canc ellation of services, cessation of operation s, breakdow n in rnaChinery or equipment, or Changes in fares, itineraries , or sChedUles:
and or (ii) act, of God . dang ers i11cidelll to the sea. tire,. ac ts of go,·ern ment or other author itie s war s. acts ofte rron,m. civil unres t, stnkes . nots .
thelis. pilferage . epide m ics. quarant ine s. oth er dis ea,e s. cli nrnt1c ahe rra t1011s.or from any oth er cause beyo nd BCD J'rn,·d' s control. Plea,.; s.;e
additi onal term, and condi 1ions rela ted to th i, itinerar y at Terms and Conditions,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000827
ED_ 001686C _ 00000923-00005

 TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline and
are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

To view your trip via Viewtrip, please click

here

Printer Friendly

Delta
Delta
Delta
Delta

Air
Air
Air
Air

Lines
Lines
Lines
Lines

Fligh(.Persona1.security Ex. 6; Ex..7C;.Ex..7E;.Ex.7F___:on
June qDperated By: Endeavor Air Dba Delta Connection)
Flightl. Pocsoaal.S,o,cl<yE, 6 E'7C ,, 7E '"' .: to Rome on June 07
FlighC~~~~~JfromRome toi:·::::::·::.·::~:~'.~:~
·.:·.:.ionJune 1(Dperated By: Alitalia S.P.A)
Flightr····-······P•rso;~rs.cii~·;;y·E;·.·rI,~fc,i~~-ri;;it·;r·····-·7
on June 1(Dperated By: Endeavor Air Dba Delta Connection)

Electronic Ticket Number: L:"'
Invoice Number: 000168562
,
icket Amount 1,842.76 uso ...........
00

""'"''""

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l

Prior Ticket:L~~~~~~~~~~~~i~=~:.~~::.:~~::.::;_::.~.J
Old Ticket Value: 1,681.06 USO
Penalty/Exchange Fee:0.00 USO
dd/Collect: 161. 70 USO
Form of Payment: CA************5946
Service Fee Number: 8900693781289
Service Fee Amount: 53.24 USO
Form of Payment: CA************5946

Travel Summary - Agency Record Locator

M2PZWQ

TAA04FNW

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06/13/2017

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06/13/2017
Pocsoaal SomltyE,.
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6; E,. 7C; E,. 7E; E,. 7F ;

...._ _______

~~~~~~:~
Confirmed
Confirmed
.;..;.................

~~~~~~::;
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

...,;_.....................................

Economy I K
Economy/ K

.----------------

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000828
ED_ 001686C _ 00000924-00001

 AIR - Wednesday, June 7 2017 - Agency Record Locator M2PZWQ
Delta Air Lines Flighti: ...:.:~. · -~- ~conomy

Online check-i

r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
i
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Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

;-!--------------------l

1 hour(s) and 17 minute(s) Non-stop
Confirmed - Delta Air Lines Record LocatoL_,,,.,o,,S,cm;fyC..S;fa._"'"·"'."·"
__1
Canadair Regional Jet 900
Endeavor Air Dba Delta Connection
Assigned at Check-in
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs
FORUPTODATETRAVEUNFORMATIONDNAIRLINE
CHECK-IN/RESTRICTIONS/LI MITATIONS/SECURITY.
PLEASECHECIWVVWV.DELTA.COM
NOFREQUENlFL YERINYOURPROFILS::ORCARRIER3OOKED

I

Remarks:

AIR - Wednesday, June 7 2017 - Agency Record Locator M2PZWQ
Delta Air Lines Flight.: ___
:_·
__
:.:.JEconomy
~--·-·-· ..·-~---·-""""·...=·-·-·-·-·-"·-·
!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

j

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'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

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,·-· Rome,_lta!_y
l.~:·:.:::
·:::~_:::
·::.JThursday, June 8 2017
8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s) -·-·-·-··
Confirmed - Delta Air Lines Record Locate~ """"'""""""
' '"" '""' " ' !
·-·-·-·-·-·-·-·-·-·-·-·-·-·.
Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEATASSIGNMEN""CONFIRMED:38B
NOFREQUENlFL YERINYOURPROFILS::ORCARRIER3OOKED

AIR -Tuesday, June 13 2017 -Agency Record Locator M2PZWQ
Delta Air Lines Flight·'. ..::..:-.-.-.·]Economy

Online check-i

Fiumicino,Terminal1
,,___
Rome,_ltalY.
! ····-•" ' "'"'"" fuesday, June 13 2017
r•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•~

i

!i
_________

!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

j
!

i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~:

_______________________

~

9 hour( s) and 35 minute( s) Non-stop
··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
Confirmed - Delta Air Lines Record LocatorL"'" ""'"''""""""'.'"""I
Lunch
Boeing 777-200/ 200ER
Alitalia
Assigned at Check-in
4263 miles/ 6859.167 kilometers
1,594.36 lbs/724.71 kgs
NO FREQUENlFL YERI NYOURPROFI LS::ORCARRIER3OOKED
00

Remarks:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000829
ED_ 001686C _ 00000924-00002

 Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Remarks:

1 hour(s) and 47 minute(s) Non-stop
15 hour(s) and 37 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locatori ~"'""""""' "·';"·";"·";".ff:
i..·-·-·-·-·-·-·-·-·-·-·-·-·-·i
Canadair Regional Jet
Endeavor Air Dba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NO FREQUENlFL YERI NYOURPROFI LS::ORCARRIER3OOKED

Remarks
FOR 24/7TRAVELASSIST ANCEPLEASECONT ACT
HE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDETHE US CALLCOLLECT770-829-2609
FORTHEHEARINGMPAIREDPLEASEDIAL711
0 ACCESSRELA YSERVICE.PROVI Ds=>HONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENTCHANGES NTHEFY15GOVERNMEN"'CITYPAI R
PROGRAM/CPFVOURAI R RESERVATI ON~RESUBJECTTO
CANCELLATIOl'ilYTHEAIRLINESFNOTTICKETED\TLEAST
8 HOURSPRIORTOSCHEDULECDEPARTURE
PLEASEENSUREALLNECESSARYAPPROVAL9\REPROCESSEDN
CCORDANCEWITHYOURAGENCYSBUSINESffiULESBUTNOLESS
HAN3 BUSI NESSJA YSPRI ORTO DEPARTURB"OENSURETICKETI NG.
HI S48 HOURCANCELLATI ONRULEDOESNOT APPL YTO
I NTERNATIONAHESERVATION~NLESSt'OURTRIPHAS
DOMESTIC
CONNECTIONs.)NMORETHANONEAIRLINEDRTHESE
RESERVATIONgEQUIREEEPARATEAIRTICKETS.
RECONFI RMNTERNATI ONAELIGHTS2HRSPRIORTO TRAVEL
CHECKI N 2 1/2 HOURSPRIORFORI NTERNATI ONAirRAVEL
PASSPORlV ALI D6 MONTHSBEYONDI NTENDED3T A Y
IS REQUIRE[FORTHISITINERARY
DVISEOOF DOCUMENlREQUI REMENTSORTHI SITI NE RARY
CHEC'r0f\.NN\/. CDC.GOV /TRAVBEORTRAVELHEAL THAD VI SORI ES
PROPERDOCUMENTATIOM> REQUI RE[FORENTRYl NTO
RRIVALCOUNTRY
CHECKWWW.DHS.GOV/TRAVEL-ALERTS
FOR COUNTRYTRAVELADVI SORI ES
CONT ACTTHEDESI GNATEIEOVERNMEN"AGENCYl NY OUR
COUNTRYOFCITIZENSHllfIORPASSPORTNIS.REQUIREMENTS.
RAVELINTOU.S.MAYREQUIREESTMUTHORIZATION.
ISITHTTPS://ESTA.CBP.DHS.G~RDET
AILS.
CHECK-I NrlMESA.RE90 Ml NUTEs=>RIORTO DEPARTURE
FOR DOMESTICFLIGHTS)R 120MI NUTES:ORI NTERNATIONAL
ELECTRONIITICKET/SWILLBE ISSUECFORTHISTRIP
IRPORTFEESMAYBE COLLECTEQJPONARRIVAL
CHECKEDBAGGAGEPOLI CIES\/ ARYBASEDON CARRIE RAND Fl NAL
ITHYOURTRAVELCONSUL TANTIRTHEAIRLINESNEBSITE.

DESTI NATIOf\F.ORTHELATESll NFORMATIOm>LEASECHECK

05Jun/05:01 PM

AMcHICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000830
ED_001686C _ 00000924-00003

 TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security requireme1
regarding permitted and prohibited articles and goods related to your travel.

Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in
5 years imprisonment and penalties of $250,000 or more (49 U.S. C 5124 ). Hazardous materials include explosives, compressed gas1
flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities
(up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. F
further information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggagE
your carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.
Email generated on 05Jun/10:01 PM UTC

BCD Trave l acts only as an agent for the airlines . hote ls . bus compan ies, railroads. tour operators. cruise lines. car rental compan ies,
and other similar third part ies providing accommodations . transpo rtation. or other meeting and travel related serv ices ("Suppliers'').
Suppliers are independent and do not act for or on behalf of BC D Trave l. are not employees of BCD Trave l. and do not have a jo int
venture or partnership with BCD Travel. Suppliers have their own terms and cond itions for the services they provide. and you agree
to abide by the terms and cond itions set fo1th in any and all documents for any such Supplier services , including. without limitation. all
cancellation fees. By utilizing the services represented by this itinerary . you agree to the foregoing and also agree that neither BCD
Travel or its parent, affiliates, subsidiar ies. partners. agents. and the ir respective officers. directors. emplo yees. and representat ives
shall be or become liable for any loss, cost expense, injury. acc ident. or damage to person or property resulting directly or indirectly
from (i) the acts or omissions of Supp liers . includ ing. but not limited to. delays or cancellat ion of serv ices. cessation of operat ions ,
breakdown in machinery or equipment, or chang es in fares . itineraries . or schedu les; and/or (ii) acts of God, dangers incident to the
sea, fires . acts of government or other author ities. wa rs. acts of terror ism, civil unrest. strikes, riots. thefts, pilferage, epidem ics.
quarant ines, other diseases . climat ic aberrations, or from any other cause beyond BC D Travers control. Please see additiona l terms
and cond itions related to this itinerary atTerms and Conditions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000831
ED_ 001686C _ 00000924-00004

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000832
ED_ 001686C _ 00000924-00005

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Ado Machida
Thur 6/1/2017 2:30:50 PM
Automatic reply:

I will be out of the country from May 31 - June 14. Please bear with me as the time difference
will not allow me to respond immediately. If you need immediate assistance, please call our
office at (202) 315-5100. Thank you.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000833
ED_ 001686C _ 00000928-00001

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Mon 6/5/2017 9:55:13 PM
Subject: Travel Itinerary for JACKSON / RYAN T

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

Status

Depart/ Arrive

06/07 /20 J!___
Personal Security Ex. 6; Ex. 7C;_Ex._7E; Ex. 7F __!
06101120 1r~
:~--~:-~·~:Fco
r--·
·-·"·"·"··"·:
·-·-·-·-·-·-=
j_·-·-·-·-·-·-·-·-·-·-·

Confirmedj
Confirmedj

06/13 /20 l FCO~

Confirmedl

PocsoaalS,m;cyE'6

E,.7C

E,.7E

E,.7F

!

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· !

06/ 13/20 l i.

Personal Security Ex. 6; Ex .. 7C; Ex. 7E; Ex .. 7F__

1

Economy / Y
~conomy / X

'

;

~

E

Class/Type

!
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

Economy/ K

!

Confirme~ L___________________________________________
~conomy
/K
i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000834
ED_ 001686C _ 00000929-00001

 Delta Air Lines Flight

i ····-·"·"·"·"·Economy
L---·-·-·-·-·-·-·-·-·-'

Depart:

Arrive:

Duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

Weather
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Weather

1 hour(s) and 17 minute(s) Non-stop
.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,
Confirmed - Delta Air Lines Record Locator!
!
Canadair Regional Jet 900
1-.____________________________________
J
PocsoaalS,m;cyE'6E,.7CE,.7EE,.7F

Endeavor Air Dba Delta Connection
Assigned at Check-in
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs

Delta Air Lines Flight[ ......,.... · ·· !Economy
Weather

Depart:

I__
Pe,sonal .••ou,lty. Ex. 6;. Ex._7C;. Ex. _,., __
Ex._" .1
Arrive:

Weather

Fiumicino, Terminal 3
.Rome, Italy
i ...,..•.,....."'"''"" ffhursday June 8 2017
i-·-·-·-·-·-·-·-·-·-·-·-·

!

'

Duration:
Total duration:
Status:

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator:l,~"'"."'"'"'''""'""'"".l

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

Dinner
Airbus Industrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000835
ED_ 001686C _ 00000929-00002

 Remarks:

SEAT ASSIGNMENT CONFIRMED:38B
FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.DELTA.COM
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Delta Air Lines Fligh~_--··-· "·"·"·"·_!Economy
Depart:

Arrive:

Weather

Fiumicino, Terminal 1
Rome, Italy
:.::~·'~.':
:~
'.:.~::_
:··_:~:~
.: :_!Tuesday, June 13 2017

.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
i
i
i

!i

Weather

!
!
!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i
i

i!
!
!

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

Duration:
Status:

9 hour(s) and 35 minute(s) Non-stop
,·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,
Confirmed - Delta Air Lines Record Locatori ""'
!
00

""'"''""·

'

"·""·""·"

. t-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!

Meal:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

Lunch
Boeing 777-200/ 200ER
Alitalia
Assigned at Check-in
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Delta Air Lines Flight[_-···-·"·"·"·"·_iEconomy
Depart:

Arrive:

Weather
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Weather

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000836
ED_ 001686C _ 00000929-00003

 Duration:
Total duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:
Remarks:

15 hour(s) and 37 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locatorl''"""'"""';'""""""""!
Canadair Regional Jet
Endeavor Air Dba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.
***********************************
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEALTH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.DRS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORT/VISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000837
ED_ 001686C _ 00000929-00004

 FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSULTANT OR THE AIRLINES WEBSITE.

**
**

DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK
05Jun/04 :55PM

TRAVELER NOTICE-Please check with your carrier(s) for travel documents required
(Passport, VISA, etc.) and security requirements regarding permitted and prohibited articles and
goods related to your travel.

Air

Car

Hotel

Rail

Other

Refund
restrictions
before
departure

Change
restrictions
after ticketing

Ticket
information

1,842.76 USD

Vendor

Fare
information

Air
~ 07Jun

!?Jun
• · · · ~13Jun

Total:
USO 1,842.76

REFUND
CHANGE
RESTRICTION~ RESTRICTION~
MAY APPLY
MAY APPLY

·-·-·-·-·-·-·-·-·-J
13Jun
All quotes are provider quotes excluding possible taxes and charges en route.
Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the
header of this document. Please note that some local taxes and charges may be
invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000838
ED_ 001686C _ 00000929-00005

 Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on
your person. A violation can result in 5 years imprisonment and penalties of $250,000 or more
(49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are
special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles
carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items
MUST be packed in carry-on baggage. If your carry-on bag is gate checked, the spare batteries
and fuel cells must be removed and carried in the cabin.

Email generated on 05Jun/9:55 PM UTC

BCD Trave l acts only as an agent for the airlines, hote ls, bus companies , railroads , tour
operators, cruise lines, car renta l companie s, and other similar third parties providing
accommodations, transportation , or other meeting and travel related services ("Suppliers").
Suppliers are independent and do not act for or on behalf of BCD Travel, are not employees of
BCD Trave l, and do not have a jo int venture or partners hip with BCD Trave l. Suppliers have
their own terms and conditions for the services they provide , and you agree to abide by the terms
and conditions set forth in any and all documents for any such Supplier services, including,
without limitation , all cancellation fees. By utilizing the services represented by this itinerary ,
you agree to the foregoing and also agree that neither BCD Trave l or its parent , affiliates,
subsidiaries , pa11ners, agents , and their respective officers, directors, employees , and
representat ives shall be or become liab le for any loss, cost, expense, injury , accident , or damage
to person or property resulting direct ly or indirectly from (i) the acts or omissions of Suppli ers,
including , but not limited to, delays or cancellation of services , cessati on of operations ,
breakdown in machinery or equipment , or changes in fares, itinerar ies, or sched ules; and/or (ii)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000839
ED_ 001686C _ 00000929-00006

 acts of God , dangers incident to the sea , fires , acts of government or other authorities, wars , acts
of terrorism , civ il unrest, strikes , riots , thefts , pilferage , epidemics , quarantines , other diseases ,
climatic aberrations , or from any other cause beyond BCD Trave l' s contro l. Please sec
additional terms and conditions related to this itinerary at Terms and Condition s.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000840
ED_ 001686C _ 00000929-00007

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
WSWA
Mon 6/5/2017 9:44:59 PM
Invitation to WSWA's Toast to Congress 2017

Ryan Jackson

RSVP by June 1st to attend.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000841
ED_ 001686C _ 00000935-00001

 This event is organized in compliance with House and Senate Ethics Rules.
Trouble seeing this image? Click here

© 2017 Event Farm, Inc.,
2448 Main Street, Santa Monica , California , 90405
All rights reserved
This email was sent to jackson.ryan@epa.gov
Unsubscribe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000842
ED_ 001686C _ 00000935-00002

 Jackson, RyanUackson.ryan@epa.gov]
Nick Owens
Sent:
Tue 6/13/2017 7:26:46 PM
Subject: Fwd: Meeting Request w/ Administrator & Mercuria Energy Group executives
EPA Letter Jaeggi Sherk.pdf
Sherk Bio-2017 (002).pdf
Daniel Jaeggi Mercuria.pdf
To:

From:

Hi Ryan, I wanted to circle back on this request...! know y'all have been in travel.
If the Administrator is not available, how about you sir? Senior leadership would be great for this
meeting.
The Mercuria team will be with the President tomorrow afternoon. They are expanding in the
US. Significant operations in Oklahoma and Colorado.
Thank you.
Nick
[ __
Ex. 6 - Personal _Privacy__!

---------- Forwarded message ---------From: "Nick Owens" i Ex. 6 - Personal Privacy ]
Date: Jun 5, 2017 11:12 AM
·
Subject: Meeting Request w/ Administrator & Mercuria Energy Group CEO
To: <jackson .ryan@eparnail .epa .gov>, <dravis .sarnantha@eparnail .epa .gov>
Cc:

Hi Ryan and Samantha:
I hope all's well -- you all have definitely hit the ground running!
Please see the attached meeting request sent to the Exec Sec for the Secretary on June 15th from
Mercuria Energy Group, US based in Houston, TX.
Please let me know who the scheduler is; I'll circle back with them and I wanted to bring this request to
your attention.
A few key facts on Mercuria below.
Thank you for your consideration.
All the best,
Nick
,·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
i
i
! Ex. 6 - Personal

'

Privacy

i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

hl
'

[Mercuria Energy Group]
-Daniel Jaeggi - Founder
World's Largest Crude Oil Trader

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000843
ED_ 001686C _ 00000938-00001

 -Purchased JP Morgan Chase commodities unit
-Transacted first export of American crude to China
-Finding more way to make America an energy exporter and making China the consumer
-Employs 1,000 US; revenues $100 Billion
Global HQ: Geneva, Switzerland
US Operations HQ: Houston TX
Significant operations in Oklahoma and Colorado

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000844
ED_ 001686C _ 00000938-00002

 Daniel Jaeggi
President and Co-Founder
Daniel Jaeggi is President of Mercuria Energy Group . Together with Marco
Dunand, he co -founded Mercuria Energy Trading SA in 2004, which within a
few years became one of the leading energy and commodity trading companies
world-wide. Previous to this, Mr . Jaeggi directed the launch of Sempra Oil
Trading SARL in Europe, where together with Mr . Dunand he was responsible
for trading operations in Europe and Asia.
Mercuria, primarily focused on energy, is present all along the commodities value
chain with activities forming a balanced combination of commodity flows and
strategic assets. More than 1,000 people are operating from offices worldwide to
sustain the Group's extensive business reach with market knowledge , diversity,
and experience.
In 2014, Mercuria completed the acquisition of the physical commodities unit of
J.P. Morgan Chase & Co. China National Chemical Corporation (ChemChina),
one of China's largest chemical companies completed a strategic investment in
Mercuria in 2015.
From 1994 to 1999, Mr. Jaeggi directed trading operations at Salomon Brothers
in London, covering Europe and Asia. From 1987 to 1994 while based in London
at Goldman Sachs' J.Aron division,
Mr. Jaeggi traded crude oil and
petrochemical feed-stocks.
Prior to that, Mr

. Jaeggi was at Cargill International S.A. in Switzerland,

responsible for trading Naphtha and LPG.
A native Swiss citizen, Mr. Jaeggi studied political science at thelnstitutd'Etudes
Politiques in Paris, the University of Geneva and the lnstitut des Hautes Etudes
lnternationa/es. He holds a master's degree in Political Science from HEI.

Ar

50 RUE DU RHONE, 6TH FLOOR,120 4 GENEVA, SWITZERLAND,

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

+41 22 594 70 00,

+41 22 594 70 10, WWW .MERCURJA.COM

EPA-17-0193 and EPA-17-0194-A-000845
ED_ 001686C _ 00000939-00001

 RA
!
1!June!2017!

!
The!Honorable!Scott!Pruitt!
Administrator!
U.S. !Environmenta I!Protection!Agency!
1200!Pennsylvania!Avenue,!NW!!
Washington,!D.C.!20460!

!
!
RE: MEETING WITH MERCURIA PRESIDENT DANIEL JAEGGI & AMERICAS CEO PETER SHERK

Dear!Administator!Pruitt:!
l!would!like!to!request!a!meeting!for!Mercuria!Energy!Trading's!President!Daniel!Jaeggi!and!Americas!CEO!Peter!
Sherk.!!

!
Mercu ria!Energy!Trading!is!one!of!the!world's!largest!commodities!and!energy!groups.l!t!i!2014,!Mercuria!acquired!the!
commodities!division!of!JP!Morgan!Chase!and!Companyl

!
Mr. !Jaeggi!and!Mr. !Sherk!will!be !in!Washington, ! DC!on!Thursday, ! 15!June!2017. !They!would!like !to!meet!with!you!to!
discuss!the!EPA's!energy!initiatives!and!how!1hey!will!impact!the!commodities!industry.!!!

!
l!have!enclosed!Mr.!Sherk's!and!Mr.!Jaeggi's!biographies!for!your!refe

rence. !

!
Mercuria!vvas!one!of!the!first!companies!in!the!U.S.!to!ship!J.S.!c
lifted!last!year. !!

rude!to!China!after!the!foul4lecade!ban!on!sales!was!

!
Mr.!Jaeggi!and!Mr.!Sherk!would!like!to!discuss!how!the!administration's!energy!initiatives!will!help!to!benefit!Americans!
and!result!in!the!addition!of!new!jobs!in!the!U.S.!in!our!industry.!

!
Mercu ria!remains!quite!interested!in!seeking!out!new!inve
stment!opportunities!in!the!United!States!to!create!jobs,!
reinvigorate! distressed!energy !assets, !and! contribute !to!the !American !economy. !

!
Please!let!us!know!if!you!are!available!on!that!date!for!a!meeting.!!Please!feel!free!to!phone!me!at!+1
or!email! gfenstermaker@mercuria.com !!

A202JV25Ai623!

!
Sincerely,!!

!

:t:L2'~
Grace!Fenstermaker!
Public!Affairs!Analyst!

!

!
20!East!Greenwa

!Plaza. !SUITE!650 ,!HOUSTON . !TEXAS,!USA! T +1832A209A2400,!F!+1832A209A2401!AWWW .MERCURIA .COM !!

I

AMEMr..,AN

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 I

Peter Sherk joined Mercuria as the new CEO of Mercuria in the Americas in October

2016.
Prior to that, Peter was co-head of the global commodities group at Morgan Stanley.
While at Morgan Stanley, Peter helped build out the bank's North American power and
gas practice after joining the company as a natural gas trader in 1999. Throughout his
career, he served as head of natural gas trading and head of North America power and
gas trading and origination. Peter started his commodities career in crude trading.
For over 25 years, Peter has enjoyed a long and successful career across the
commodities value chain.
Peter received a Bachelor's Degree in Economics from McGill University.

20 East Greenwa Plaza, SUITE 650, HOUSTON, TEXAS , USA T +1832-209-2400 , F +1832-209 -2401 - WVWV,MERCUR IA,COM

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000847
ED_ 001686C _ 00000941-00001

 To:

Jackson, RyanUackson.ryan@epa.gov]

From:

i
i
i Ex. 6 - Personal Privacy i

Sent:

;Fri"6/2"/2U1T9:·1;2:51PM

§_~pj~~t_____
Ib_9n k you
!
i References.pdf
___
0

!Ex. 6-Personal
i

Privacy

Writing Sample.pdf
Resume.pdf

!-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!

Ryan ,
Thank you for meeting with me today. It was an honor and pleasure to sit down with you to discuss the possibility of joining
the Administrator's team. The position not only sounds like a great opportunity, but also one that I could add value to and fill with
enthusiasm. As mentioned, I have attached a longer resume, references, and a short writing sample that I co-wrote and that was
published in the ABA Environment Section's newsletter. Please let me know if anything else is needed. Look forward to hearing
from you.
Best,

Ex. 6 - Personal Privacy

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000848
ED_ 001686C _ 00000948-00001

 Jackson, RyanUackson.ryan@epa.gov]
Black, Noel W.[NWBLACK@southernco.com]; Horton, Melissa
H.[MHIGGINS@southernco.com]
From:
McReynolds, Sheila S.
Sent:
Mon 6/5/2017 8:33:23 PM
Subject: RE: Roundtable June 19
To:
Cc:

Hello Ryan,
Thank you for the invitation to participate in the June 19th Roundtable with Administrator Pruitt.
Kim Greene, Southern Company's EVP & Chief Operating Officer will be in attendance.

Should you need anything from us prior to the meeting, I'll be glad to assist.

Kind regards,
Sheila McReynolds
Executive Assistant to Kim Greene, Chief Operating Officer
Southern Company
60018

61

Street North I 15N-8170

Birmingham, AL 35203
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

Tel 205.257.7949 I Mobilei

Ex.6-PersonalPrivacy

!

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·.

ssrncrevn(fiJ.southernco
.com

SouthernCompany

From: Black, Noel W.
Sent: Sunday, June 04, 2017 3:22 PM
To: Anderson, Bryan D. <BRANDERSa SOUTHERNCO.COM >; Horton, Melissa H.
<MHIGGINS@southcrnco.com >; Greene, Kim <KSGREENE@southcmco.com >
Subject: Fwd: Roundtable June 19
.

.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000849
ED_ 001686C _ 00000952-00001

 FYI
Thanks, Noel
Southern Company
LEx. 6 - Personal

Privacy j

Please excuse any typos ...this is coming/ram my iPhone.
Begin forwarded message:

From: "Jackson, Ryan" <jackson. yan@ epa.go_y>
Date: June 4, 2017 at 2:19:44 PM EDT
To: "Jackson, Ryan" <jackson.ryan@epa.gov >
Cc: "Gunasekara, Mandy" <Gunasckara.Mandy@epa.gQ_y>, "Catanzaro, Michael J.
EOP/WHO" <[__
______________
Ex. _6_
-.Personal_Privacy _______________
!,"Schwab, Justin"
<schwab .justin@.epa.g<2_y
>, "Hupp, Sydney" <hupp.sydne @epa.g_gy_
>
Subject: Roundtable June 19
All --

Thank you for your interest, participation, and your help in coordinating your trade
association members' participation in the round table with US EPA Administrator
Scott Pruitt to discuss a regulatory path forward for the utility sector. Having an open
and robust dialogue with the regulated community is a foundational component of
setting meaningful and balanced environmental standards. We look forward to
learning more about your perspective as the utility sector not only powers our
economic growth, but is also at the forefront of developing a more efficient and cleaner
energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green
Room in the Administrator's Suite. We will follow up with an official agenda in the
coming days. We have received a number ofRSVP's and appreciate that. Please
confirm your attendance or the attendance of your trade association members by June
12. Should you have any questions, please email or call at!_Ex._6 - Personal_Privacy_i

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000850
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 Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
'

! Ex. 6 - Personal Privacy!

'

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000851
ED_ 001686C _ 00000952-00003

 To:
Cc:

From:
Sent:
Subject:

Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Black, Noel W.[NWBLACK@southernco.com]; Jackson, RyanUackson.ryan@epa.gov]
Horton, Melissa H.
Thur 6/15/2017 12:56:54 PM
Re: Call

2:45 pm today would be perfect. We can use conference call# {E~:-s-:P;·,~~-~~,-P-,1~-~~;A.ccess
code: :_e,,.p"""''p'''"'i
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·•
Thank you again!!!
Melissa Horton
Southern Company
Federal Environmental Affairs
Washington, D.C.
Cell:i Ex. 6- Personal Privacy!
'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

On Jun 15, 2017, at 8:35 AM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>>

wrote:

2:45 would work - is that late enough? Also, 5 pm.
-----Original Message----From: Horton, Melissa H. [mailto:MHIGGINS@southernco.com]
Sent: Thursday, June 15, 2017 8:33 AM
To: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>>
Subject: Re: Call
Thanks for the quick response. We had planned to walk over for the budget hearing during that time.
Would anything later (or earlier) work for you? If not, we can make the earlier time work. Thank you and
I'm looking forward to meeting you!
Melissa Horton
Southern Company
Federal Environmental Affairs
Was~ in_gton,.D. C ·--·-·,
Cell:t_Ex. 6 -_Personal Privacy j
On Jun 15, 2017, at 8:11 AM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov><mailto:Gunasekara.Mandy@epa.
gov>> wrote:
Good Morning,
I'm free from 1 or 1:30 this afternoon. Either of those times work for you?
-----Original Message----From: Horton, Melissa H. [mailto:MHIGGINS@southernco.com]
Sent: Thursday, June 15, 2017 7:49 AM
To: Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov><mailto:Gunasekara.Mandy@epa.
gov>>
Cc: Jackson, Ryan
<jackson.ryan@epa.gov<mailto:jackson.ryan@epa.gov><mailto:jackson.ryan@epa.gov»;
Black, Noel
W.
<NWBLACK@southernco.com<mailto:NWBLACK@southernco.com><mailto:NWBLACK@southernco.co
m>>
Subject: Call

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000852
ED_ 001686C _ 00000967-00001

 Hi Mandy. If you're available, Noel and I would like to follow up with you today or tomorrow regarding the
utility dialogue on Monday, June 19. Let us know if we can set up a call and what time might be best time.
Thanks you.
Melissa Horton
Southern Company
Federal Environmental Affairs
Washington, D.C.
Cell!Ex. 6_- Personal Privacy j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000853
ED_ 001686C _ 00000967 -00002

 Jackson, RyanUackson.ryan@epa.gov]
Fisher, Emily[EFisher@eei.org]; Bond, Alex[ABond@eei.org]; Holdsworth,
Eric[EHoldsworth@eei.org]; Shea, Quin[QShea@eei.org]
From:
Steckelberg, Kathy
Sent:
Thur 6/15/2017 1:23:13 PM
Subject: Call this afternoon
To:
Cc:

Got your voice mail. Can we do a conference call this afternoon? I want to involve a couple of my
colleagues (copied here) who are more familiar with the substance of the issues. We can set up the
logistics if you are amenable. We are kind of scattered physically today. Thanks.
Kathy Steckelberg
Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000854
ED_ 001686C _ 00000976-00001

 Jackson, RyanUackson.ryan@epa.gov]
Black, Charlie[Charlie.Black@prime-policy.com]; Stuaan, Abbi[abbi.stuaan@primepolicy.com]; Smith, Keith[Keith.Smith@prime-policy.com]; Peck, Gregory[Peck.Gregory@epa.gov]
From:
Rozsa, Gabe
Sent:
Thur 6/15/2017 1:22:28 PM
Subject: RE: New Hanover County Water Issue
To:
Cc:

Ryan,

We will pull together what we know and send you something later today. We appreciate your
willingness to help. The most important thing is to be assured of close cooperation between the
state and local officials and EPA at all levels so that we can take the steps needed to reassure the
local community that their drinking water is safe or, if there are issues that need to be addressed,
that all parties are working as quickly as possible to address those issues.

Best,

Gabe

Gabe Rozsa
Managing Director
1110 Vermont Avenue, NW I Suite 1000 I Washington . DC 20005
202 530 48431 Fax : 202 530 4800

I Cell :!__e,.,

.. P,csoaalPclvaoy.i

www.prime -policy.com

?~JME
A WPP Group Company : www.wpp.com

AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-000855
ED_ 001686C _ 00000981-00001

 From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Thursday, June 15, 2017 7:37 AM
To: Smith, Keith <Keith.Smith@prime-policy.com>
Cc: Rozsa, Gabe <Gabe.Rozsa@prime-policy.com>; Black, Charlie <Charlie.Black@primepolicy.com>; Sttrnan, Abbi <abbi.stt1aan@prime-policy.com>
Subject: Re: New Hanover County Water Issue

If you have some background information you'd like us to review or individuals you would like
us to meet with to gain additional information I'm happy to do that. If you have the questions
submitted I'm happy to check on that as well, however, your emails go not provide much to go
off of and I could use your help with that.

Ryan Jackson
Chief of Staff
U.S. EPA
'! Ex. 6 - Personal Privacy !'
j_•-•-.,•-·-·-·-·..-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

On Jun 14, 2017, at 10:48 PM, Smith, Keith <Keith.Smith@prime-policy.com > wrote:
And Gabe you can tell Ryan that the NC DEQ and New Hanover County have submitted
dozens of questions to the EPA HQ about the chemical in question GenX . It apparently has
not been analyzed by the EPA and its safety is questioned . thanks

From: Rozsa, Gabe
Sent: Wednesday, June 14, 2017 10:35 PM
To: Jackson, Ryan; Black, Charlie
Cc: Stuaan, Abbi
Subject: RE: New Hanover County Water Issue

Ryan,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000856
ED_ 001686C _ 00000981-00002

 Thank you for the quick response . I think it is the Chemours facility near Fayetteville, NC
and the chemical is used in making Teflon . The chemical has been found downstream from
the plant and is affecting the drinking water of the local communities includi ng
Wilmington . Let me know if you need more info . I am also reaching out to Greg Peck in
the Water Office whom I have known for a couple of decades but this likely affects more
than just the Water office .

Gabe

From: Jackson, Ryan [rnailto:jackson. yan@ epa.gQY]
Sent: Wednesday, June 14, 2017 8:47 PM
To: Black, Charlie <Charlic.Black@pr irnc-policy.com >
Cc: Rozsa, Gabe <Gabc.Rozsa@prirne-policy.co
m>; Stuaan, Abbi <abbi.stuaan@)prirnepolicy.corn >
Subject: RE: New Hanover County Water Issue
..

..

Thank you for the email, but I'll need additional information to be able to respond to this
email.

Ryan.

From: Black, Charlie [mail to:Charlic. Black@prirnc-policy.co m]
Sent: Wednesday, June 14, 2017 5:01 PM
To: Jackson, Ryan <jackso n. ya n@epa.gov >
Cc: Rozsa, Gabe <Gabc.Rozsa@prirnc-policy.co
m>; Stuaan, Abbi <abbi.stuaan@)prirnepolicy.corn >
Subject: New Hanover County Water Issue
..

..

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000857
ED_ 001686C _ 00000981-00003

 Ryan,

Our firm represents New Hanover County in North Carolina I am writing on behalf of
Woody White, Chairman of the New Hanover County Commission, to ask for your help to
expedite EPA's action to address a serious water quality problem.
I understand that EPA HQ Enforcement officials are working on dozens of questions that
need to be answered promptly for the people of New Hanover County and the North
Carolina Department of Environmental Quality.

Ryan, I am sure you understand the local community's concerns and their need for quick
answers. Anything you can do to move this along would be much appreciated.
Thank you for your consideration.

Best regards,
Charlie

Cha rlie Blac k
Chairman
1110 Ve rmont Ave nue, NW I Suite 1000 I Was hington , DC 20005
202 530 1500 I www.prime-poli cy.com

<image001.png>
A WPP Group Compa ny : www .w pp .com

The mform atio n. and any attach ments contained in this email may contain co nfidential and/or privile ged inform ation and is intended solely fo r

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000858
ED_ 001686C _ 00000981-00004

 the use of the mtended named rec1pient(s). Any disclosure or dissemination in whatever form. by another other than the intended recipient 1s
strictly prohibited. If you have received this transm1ss1onin error . please contact the sender and destroy this mess age and any attachments.
Thank you.

The inform ation. and any attachments cont ained in this em ail rnay cont ain confidential and/or privileged information and is intended solely fo 1
the use of the mtended named rec1pient(s). Any disclosure or dissemination in whatever form. by another other than the intended recipient 1s
strictly prohibited. If you have received this transm1ss1onin error . please contact the sende r and destroy this mess age and any attachments.
Thank you.

The information. and any attachments contained in this email may contain confident ial and/or privileg ed information and is intended
solely for the use of the intended named recipient(s). Any disclosure or dissemination in whatever form. by another other than the
intended recipient is strictly prohibited. If you have received this transmission in error, please contact the sender and destroy this
message and any attachments. Thank you.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000859
ED_ 001686C _ 00000981-00005

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Fannon, Frank
Fri 6/2/2017 5:54:21 PM
FW: CSIS Invitation I Energy Futures Forum I 06/15

FY I below - the public eve nt which precedes the private dinner.
Regards ,
Frank

From: CSIS Energy Program [mailto:energy@csis.org]
Sent: Friday, June 02, 2017 1:39 PM
Subject: CSIS Invitation I Energy Futures Forum I 06/15

Emerging energy trends conference
with the Energy & National Security Program

From the CSIS Energy & National Security Program

Energy Futures Forum
June 15, 2017
8:30am - 2:30pm

The CSIS Energy & National Security Program launched the Energy Futures Forum (EFF) - an
annual event and research process - to identify and explore issues that could potentially impact
the energy sector in significant ways over the next 10 years. Rather than provide one outlook of
the future, EFF is designed to challenge the energy community's thinking about how a variety of
issues may evolve over a medium-term timeframe and what those potential changes might mean
for energy policymaking and commercial decision-making. Now in its third year, EFF seeks to
impart new knowledge and challenge conventional thinking on the medium-term energy future in
order to improve the quality of energy policymaking and corporate decision-making.

Agenda

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000860
ED_ 001686C _ 00000982-00001

 a: 3 o - a:4 5

amwelcome and Project Overview
Sarah Ladislaw - Director and Senior Fellow, CSIS Energy & National
Security Program

8 :45 - 9 :15

amseeingthe Bigger Picture
- Interpreting Energy Trends
Mark Nelson - Vice President, Strategic Planning, Chevron
Adam Sieminski - Schlesinger Chair for Energy & Geopolitics, CSIS

9 15 10 5
: :4

amFutureStructure of the Oil and Gas
Industry
What will be the impact of sustained low and volatile energy prices on the
global oil and gas market?

Rebecca Fitz - Senior Director, BCG Center for Energy Impact
Jamie Webster - Senior Director, BCG Center for Energy Impact
Rabah Arezki - Director, Commodities Research Team, International
Monetary Fund
Moderator: Frank Verrastro - Senior Vice President and Trustee Fellow,
CSIS Energy & National Security Program
11 00 12 3
: : o

pmlmplications of the Rise of Populism
on Trade Flows, Governance, and
Inf rastru ctu re
How will global populism impact energy and climate policy?

Alexander Kazan - Managing Director, Global Strategy and Analytics,
Eurasia Group
Amy Hemingway - Senior Vice President & Group Head, Edelman
Energy
Moderator: Michael Levi - Senior Advisor, Clearview Energy Partners
12:30 pmLunch
12 :45 - 2 :15 pmThe

Greening of Finance

How will the inclusion of climate and sustainability metrics into the energy
finance arena change the relative competitiveness of various fuels going

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-000861
ED_ 001686C _ 00000982-00002

 forward?
Simon Zadek - Co-Director, Inquiry into Design Options for Sustainable
Financial System, United Nations Environment Program (UNEP) (invited)
Antonia Bullard - Vice President, Energy, IHS Markit
Peer Stein - Advisor & Head of Climate Business, IFC
Moderator: Sarah Ladislaw - Director and Senior Fellow, CSIS Energy &
National Security Program
2:15 - 2:30 pmwrap-up and Close

We will operate under Chatham House Rule and hope all the participants will engage in an active
dialogue. The strategic insights from this event will inform our ongoing research and funnel into a
final product. Please visit our EFF Proiect page for more information regarding the previous
years' Forums.
This event is by invitation only. Please RSVP no later than June 14th at energy@csis .org .

Copyright © 20 17 Center for Strategic & International Studies. All rights reserv ed.
202 ~887~0200

I www .CSIS.org

Center fo r Strategic & Internation al Studies
1616 Rhode Island Avenue , NW
Was hington . DC 20036

Add us to your add ress boo k

This message and any attached files may contain information that is confidential and/or subject of legal
privilege intended only for use by the intended recipient. If you are not the intended recipient or the
person responsible for delivering the message to the intended recipient, be advised that you have
received this message in error and that any dissemination, copying or use of this message or attachment
is strictly forbidden, as is the disclosure of the information therein. If you have received this message in
error please notify the sender immediately and delete the message.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000862
ED_ 001686C _ 00000982-00003

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Fri 6/2/2017 5:00:21 PM
Subject: Travel Itinerary for JACKSON / RYAN T

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

Traveler
JACKSON I RY AN T
Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

06/07/201:

Status

Depart/ Arrive

~FCO f.".~-~:
:~~
.~.·
-~.:~.·-~:.~.--i Confirmed!

·-·-·-·-·-!

t--·-·-·-·-·-·-·-·-·J

06/13/20 l FCO~

PocsoaalS,m;cyE'6

E,.7C

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E,.7F

i

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

06/ 13/2 0 l ! Personal Security Ex 6· Ex 7C· Ex 7E· Ex 7F !i
I

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000863
ED_ 001686C _ 00000992-00001

 Delta Air Lines Flight_ _____________
___]
Economy
Depart:

I...

Weather

Peraoaal Seco,Uy·E• ..•;.Ex. 7C; Ex ..7E;.Ex. 7F...I

Weather

Arrive:

Rome, Italy
l_::·.·~
-:~~
=:~:
~-~::
:~:::~:~.1Thursday,
June 8 201 7
8 hour(s) and 45 minute(s) Non-stop
Duration:
Confirmed - Delta Air Lines Record Locator:l ~"'""""'"'';"";"";"ffi
Status:
Dinner
Meal:
Airbus Industrie A330-300
Equipment:
38B (Non smoking) Confirmed
Seat:
4263 miles / 6859 .167 kilometers
Distance:
1,594.36 lbs/724.71 kgs
CO2 Emissions:
SEAT ASSIGNMENT CONFIRMED:38B
Remarks:
FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.DELTA.COM
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Depart:

Fiumicino, Terminal 1
Rome,. Italy
'
'
l.~:
:.::-~:::
.:.:~
_::__
ff
uesday, June 13 201 7

Weather

Weather

Arrive:

Duration:
Status:

9 hour(s) and 35 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator:! ''"""'"""';'"·'"·""·""·"
!
L·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·l

Meal:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

Lunch
Boeing 777-200/ 200ER
Alitalia
Assigned at Check-in
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000864
ED_ 001686C _ 00000992-00002

 Delta Air Lines Fligh( ····..,.·_.· · ·· .! Economy
Depart:

Arrive:

Weather
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Weather

Duration:
Total duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

1 hour(s) and 47 minute(s) Non-stop
15 hour(s) and 37 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator:i ""'
Canadair Regional Jet
'
Endeavor Air Dba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs

Remarks:

NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

00

""'"''""·

'

"·""·""·"

!
·

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000865
ED_ 001686C _ 00000992-00003

 CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
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TRAVELER NOTICE-Please check with your carrier(s) for travel documents required
(Passport, VISA, etc.) and security requirements regarding permitted and prohibited articles and
goods related to your travel.

Air

Car

Hotel

Rail

Refund
restrictions

Change
restrictions

Other

1,681.06 USD

Vendor

Fare
information

Ticket
information

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000866
ED_ 001686C _ 00000992-00004

 before
departure
Total:
USO 1,681.06
~7Jun
···-·"·"·"·"·
!*13Jun

Air
·-·-·-·-·-·-·-·-·-·-,

after ticketing

REFUND
CHANGE
RESTRICTION~ RESTRICTION~
MAY APPLY
MAY APPLY

-·-·-·-·-·-·-·-·-·__r
13Jun
All quotes are provider quotes excluding possible taxes and charges en route.
Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the
header of this document. Please note that some local taxes and charges may be
invoiced during your trip and cannot be shown at time of reservation.
Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on
your person. A violation can result in 5 years imprisonment and penalties of $250,000 or more
(49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
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special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles
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Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items
MUST be packed in carry-on baggage. If your carry-on bag is gate checked, the spare batteries
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Email generated on 02Jun/5:00 PM UTC

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000867
ED_ 001686C _ 00000992-00005

 BCD Travel acts only as an agent for the air lines, hotels , bus companies , railroads , tour
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w ithout limit ation , all cance llation fees . By utilizing the services represented by this itinerary ,
you agree to the forego ing and also agree that neither BCD Trave l or its parent , affiliates ,
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additional terms and conditions re lated to this itinerary at Terms and Cond ition s.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000868
ED_ 001686C _ 00000992-00006

 Dominguez, Alexander[dominguez.alexander@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]; Gunasekara, Mandy[Gunasekara.Mandy@epa.gov];
Stephen Fotis[SCF@vnf.com]
From:
John Di Stasio
Sent:
Thur 6/15/2017 12:09:19 PM
Subject: Re: June 19 EPA Roundtable - Logistics and Agenda
To:
Cc:

Alex
Thank you for the information. Our panelists will be:
Mark Bonsall, SRP
Phil Wilson, LCRA
Steve Wright, Chelan PUD
Kevin Nordt, Grant PUD
Support will be:
John Di Stasio, President, LPPC (assuming you only want utility CEO's as panelists. I am a
former CEO, (Sacramento Municipal Utility District), but now serve as Association President. If
not I am happy to serve as a panelist
Stephen Fotis, Van Ness Feldman
We will be there at 12:30pm
Thank you
John
John Di Stasio
President, Large Public Power Council
1050 Thomas Jefferson St, 5th Floor
Washington, DC 20007
202-298-3723 office

LEx._6 - Personal Privacy. !cell
john@ lppc.org
www .LPPC .org

On Jun 15, 2017, at 4:31 AM, Dominguez, Alexander <dominguez .alexander@epa .gov> wrote:

All --

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000869
ED_ 001686C _ 00000995-00001

 Thank you for your participation and help coordinating Monday's roundtable with
Administrator Pruitt.

The roundtable will start at 1:00PM on Monday, June 19th at the U.S. EPA Headquarters in
the Green Room of the Administrator's Suite. The address is 1200 Pennsylvania Avenue,
N.W., Washington, DC 20460. Upon arrival you will enter the William Jefferson Clinton
Building North Entrance, which is located next to the Federal Triangle Metro entrance.

Please arrive no later than 12:30PM as you will be required to go through security when
entering the building. A staff member will be there to escort you to the Green Room where
there will be coffee and light refreshments. There will be a limited number of perimeter
seating so please let me know who all will be attending as support staff to the panelist.
Additionally, please confirm the names of your trade association members attending for a
final headcount.

Attached is Monday's agenda. As you can see the meeting will last approximately two
hours. We are looking forward to everyone attending and if you have any questions please
email or call at j Ex. 6 - Personal Privacy i
i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

Best,

Alex Dominguez
Policy Analyst to the Senior Advisor to
the Administrator for Air and Radiation
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000870
ED_ 001686C _ 00000995-00002

 Washington, D. C. 20460

<Agenda_ EPA Roundtable June 19 .docx>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000871
ED_ 001686C _ 00000995-00003

 Ryan Jackson i
Ex. 6 - Personal Privacy
Jackson,
1
Ryan Uac kson .rya n@e pa .go"vr·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

To:

From:

Price, Wendi (lnhofe)
Tue 6/13/2017 4:28:30 PM
FW: Is there a red line of this I could get for Pruitt?
IMG 0756.ipq

Sent:
Subject:

Hey! Just wanted to make sure you saw this email? Would you like me to have someone run this down to
your office or do you want to pick it up?
-----Original Message----From: Price, Wendi (lnhofe)
Sent: Thursday, June 08, 2017 1 :13 PM
To: 'Jackson, Ryan' <jackson.ryan@epa.gov>; Holland, Luke (lnhofe)
<Luke_Holland@inhofe.senate.gov>
Subject: RE: Is there a red line of this I could get for Pruitt?
Look what we have back. I have it sitting on my desk. Let me know if you or someone want to pick it up
or how we should get to you.

-----Original Message----From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Wednesday, June 07, 2017 2:03 PM
To: Holland, Luke (lnhofe) <Luke_Holland@inhofe.senate.gov>; Price, Wendi (lnhofe)
<Wend i_Price@inhofe .senate .gov>
Subject: Is there a red line of this I could get for Pruitt?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000872
ED_ 001686C _ 00000997-00001

 EPA-17-0193 and EPA-17-0194-A-000873
American Oversight v. EPA (18-cv-00364)

ED _001686C _00000998-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
kevin chmielewski
Sun 6/11/20171:11:54 PM
Bloomberg: U.S. Environment Chief Exits G-7 Climate Talks in Italy Early

U.S. Environment Chief Exits G-7 Climate Talks in Italy Early
Bloomberg
U.S. environment chief Scott Pruitt is being recalled from Group of Seven climate talks in Italy.
Pruitt, who as Environmental Protection Agency administrator successfully campaigned for the
U.S. to quit the landmark Paris climate agreement, will leave Bologna for a meeting with
President Donald Trump just hours after arriving Sunday, according to a spokesman for the G-7
talks, Davide Russo. Jane Nishida, acting EPA assistant administrator, will attend in his place.
Scott Pruitt at the G7 Read the full story

Shared from Apple News

Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000874
ED_ 001686C _ OOOO
1000-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Liebowitz, Daniel
Thur 6/1/2017 1:33:05 PM
Impact of Delays for New Chemical Substance Registrations

Hello Mr. Jackson,

We spoke over the phone a few weeks ago regarding the impact of delays related to the EPA
PMN review process under the revised TSCA regulations. You requested information regarding
the value of each PMN in annual sales for our business. It is difficult to provide an accurate
value for annual sales as these are all new products to the coatings market. However a rough
estimate would be in the $300,000-$500,000/year range for all 13 delayed PMNs assessed under
the revised regulations. The biggest impact of these delays is the delay in availability of these
new products for customer evaluations and the uncertainty of whether they will be successfully
registered. In one case that has been under review for over I-year, the primary customer for this
new product has indicated that during this I-year delayed review period, they have developed
another technical solution and may not need to purchase this product. In addition to the impact of
the delays in the review process, another concern is the assessment of uses that some of our
products were not designed for and were never intended.

Regards,
Dan

Daniel Liebowitz
Allnex USA Inc.
Regulatory Compliance Manager, Americas
Product Stewardship & Regulatory Affairs
78 Rivergate Drive
Wilton, CT 06897
Office: 203-834-0426
Ce IILEx. 6_- Personal

Privacy.

I

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000875
ED_ 001686C _ OOOO
1003-00001

 Legal Notice: This electronic communication, including any attachments, contains information
from an allnex Group company that may be legally privileged, confidential, and exempt from
disclosure under applicable law. If you are not the intended recipient, any use or dissemination
of this communication or its attachment( s) is strictly prohibited and may be illegal. If you have
received this communication in error, please notify the sender immediately, destroy any printed
copies and delete it from all computers on which it may be stored. Notice: Trademarks indicated
with ® , TM or * as well as the allnex name and logo are registered, unregistered or pending
trademarks of Allnex IP s.a.r.1. or its directly or indirectly affiliated allnex Group companies.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000876
ED_ 001686C _ OOOO
1003-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Jeremy Christopher Carl
Sun 6/11/2017 12:45:05 AM
Candidates for your Assistant Administrator Position

Ryan,

I went ahead and touched base with friends from a number of my networks to see if I could find
some people who might fit what you are looking for. Below is an initial tranche of names-I
expect I will get in some additional names later and I'll send them along going forward. I don't
have contact info for all of them, but it should be pretty easy to obtain. All of the candidates
have doctorates and work experience in a relevant field.

All of the names below of people who should at least take your call and can at the very least
offer some helpful advice even if you think they are not the right fit or if they are not
interested. I've listed each of them with the name and description of the person who referred
them to me so that you can use the person who referred them in your introduction

Hope this is somewhat helpful-as

I said I'll send along other names as they come in.

As I mentioned earlier I am going to DC for an event on Tuesday and Wednesday that Joe
Bast/Heartland is putting together on EPA reform-not
sure whether it was on your radar, but
they are flying in a number of us from out of the area. If you'd like to meet up in person, I'm
free on Tuesday from early morning until about 1:00 P.M. and Wednesday from about 2:30-

5:30

Best,

Jeremy

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000877
1005-00001
ED_ 001686C _ OOOO

 i

i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
Ex._6_- _Persona I _Privacy·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

Ex.__
6___
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Privacy---------------------------------------I

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!________________________
Ex.__
6___
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I___
P_ri
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I

i______________
~----·-·-·-·-~·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-···-·-·-·
Ex.__
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:
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I assume he is already on your radar-but
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00

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l--------------~-~-----~--=---~~
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Ex. 6 - Personal Privacy

!

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Ex. _6 _-__
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[_Ex. _s__Personal_Privacy_

.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

'

!

Ex. 6 - Personal Privacy

'

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i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

[___
Ex.___
6 __
-__
Pe rson a I___
Privacy ___
]
AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000878
ED_ 001686C _ OOOO
1005-00002

 Ex. 6 - Personal Privacy

I

I

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•

Ex. 6 - Personal Privacy

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I
I Ex. 6 - Personal Privacy I
'i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

'

I____________________
Ex .__
6__
-__
Pe rs o n a I __
P_
riv a c y ____________
I

[____________________________________________________________
Ex. __
6 __
-___
P e_rso n_aI__
Privacy--------------------------------------Ex. 6 - Personal Privacy

i

j
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

Ex. 6 - Personal Privacy
!___
Ex.__
6_-_Personal_Privacy__
!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000879
ED_ 001686C _ OOOO
1005-00003

 r•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-

!

Ex. 6 - Personal Privacy i

i

!

j_•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•

I

I

Ex. 6 - Personal Privacy

I

l·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!
. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

I

Ex. 6 - Personal Privacy

!
!

L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

I
i
i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000880
ED_ 001686C _ OOOO
1005-00004

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Fri 6/2/2017 4:46:08 PM
Subject: UPDATED 02Jun - Travel Receipt for JACKSON/RYANT Travel date 07Jun
Travel Receipt Communication Attachment - M2PZWQ - June 7 2017.PDF

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.
To view your trip via Viewtrip, please click here

Printer Friendly

Total Amount: 53.24 USD
This ticket information applies to the following trip(s):
Security
Ex 6;.EdC;
Ex 7E; Ex 7F lto_
Rome _onJune 07
Delta Air Lines Flightl_Personal
!on June 13 (Operated By: Alitalia
Delta Air Lines Flight [:::::Jfrom Rome toi ''"""'"""';'"·'"·""·""·"
S.P.A)
'
.
Delta Air Lines Flight!L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F iQnJune 13 (Operated By:
Endeavor Air Dba Delta Connection)

Invoice Number: 000168383
Ticket Amount: 1,681.06 USD
Old Ticket Value:
Penalty/Exchange
Add/Collect: 0.00
Form of Payment:

3,458.24 USD
Fee: 0.00 USD
USD
CA ************5946

Service Fee Number: 8900693781122

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000881
ED_ 001686C _ OOOO
1006-00001

 Service Fee Amount: 53.24 USD
Form of Payment: CA ************5946

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

061011201f"---------·-pco
DL i-·-------·-·:
L---·-·-·-·-•

·-·-·-·-·-·-·

Status

Depart/Arrive

Economy I X

Confirmed

!

j

06/ 13/20 1FCO-lPocsoaalS,ml<yE,.6E,7CE,7EE,7F.i

Confirme~

,.,,ooalSec"'l"E,.6;E'-7C;E'-7E;E'-7F

l

r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· .

Q6/13/2Ql .!_Personal Security Ex. 6; Ex. 7C; Ex. 7E;_Ex..7F '!

Class/Type

~conomy / K

i

Confirme~---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
~conomy / K

Add to Cal enda r Need Help?

.-·-·-·-·-·-·-·1

Delta Air Lines Fiigh[ ·-···· · · · !Economy
Depart:

Amve:

Online check-in

.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,
i

i

! Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F !
i
i
i.____r-1urn1cino, ·1·e rrnin a·1J-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

!_·--~~
.'.~-~:
'.'.,~!:~
hursda y

June 8 2017

Du ratio n:
Status:

8 hou r(s) and 45 mi nute(sJ Non-stop
Conf,rmed Delta Air Lines Record L.ocator["-::~.~:.::;~~-~-;:·:;-·1

Meai:
Equiprnent
Se at
Distance:
CO2 Ernissions:

Dinner
Airbus indust rie A330-300
3clB (Non smoking) Confi rmed
4263 m;!es / 6El59.167 kilometers
1.594.36 :Ds/724 7 1 Kgs

Remarks:

SEAT ASSIGNMENT CONFIF{MED 38B
FOR UF' TO DATE TRAVEL INFORMA TION ON A!F{L!NE
CHECK-IN/RESTRiCTiONS/LiMITATiONS/SECURiTY.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000882
ED_ 001686C _ OOOO
1006-00002

 PLEASE CHECK \WWVD ELTA COM
NO FREQUENT FLYER !N YOUR PROF!LE FOR CARRIER BOOKED
Add to Cal endar

Need Help?

Online check-in

Delta Air Lines Fiightl--···· · · · !Economy
Fiumicino, Tr::rmina! I
Rome. aa1y
t····~'H""' "' '" ' "''1 Tuesday June i 3 2017

Depart:

0

1

Arrive:

i'

! Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F
i

!!

j
!

i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

Duration:
Status:

-·-·-·-·-·-·-·-·-·-·-·-·-·-·9 honr (s) and 35 minute(s) Non-stop
Confirrned Delta Air Lines Record Locatori
Per1on•ISecurityE<.S:E<.7C:E<.7E:E<.7F

!

i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

Meai:
Equipment:
·opr;, rated By:
Se at
Distance:
CO2 Ernissions:

Lunch
Boeing 777-200/ 200ER
Aiital!a
Assigned at Check-in
4263 n~:iles/ 68ti9.167 kilomet ers
1.594.36 ibs/724.71 kgs

Remarks:

NO FREQUENT FLYER !N YOUR PROF!LE FOR CARRIER BOOKED

Online check-in

Delta Air Lines Flight DL4153 Economy
Depart:

Arrive:

John F Kennedy Intl, Terminal 4
New York, New York, United States
06:30 PM Tuesday , June 13 2017
Dulles Intl
Washington , District of Columbia , United States
08:17 PM Tuesday, June 13 2017

Duration:
Total duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

1 hour(s) and 47 minute(s) Non-stop
15 hour(s) and 37 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator: F9CXWW
Canadair Regional Jet
Endeavor Air Oba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs

Remarks:

NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000883
ED_ 001686C _ OOOO
1006-00003

 48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEAL TH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.OHS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORTNISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSUL TANT OR THE AIRLINES WEBSITE.

DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK
02Jun/11 :45AM

TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport , VISA, etc.) and security
requirements regarding permitted and prohibited articles and goods related to your travel.

Air

Car

Hotel

Rail

Other

Fare information

Refund restrictions
before departure

Change restrictions
after ticketing

Ticket information

REFUND
RESTRICTIONS MAY
APPLY

CHANGE
RESTRICTIONS MAY
APPLY

1,681.06 USD

Vendor
Air

r·-·-·-·-·-·-·-·:-r
Jun

i
!

i 13Jun
!13Jun

Total:
USO 1,681.06

i.·-·-·-·-·-·-·-·i

All quotes are provider quotes excluding possible taxes and charges en route. Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the header of this document. Please note that
some local taxes and charges may be invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardons Materials

Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in 5 years
imprisonment and penalties of$250,000 or more (49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000884
ED_ 001686C _ OOOO
1006-00004

 Forbidden Dangerons Items Examples:

Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggage. If your
carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.
Email generated on 02Jun/4:45 PM UTC

BCD rrn vel ac ts only as an agent for the airli ne,. hold s. hus cornpa111es. nnlroads. tour op1:rnlors. cruise line s. car rental companies . and 01her
simil ar third p arties pnl\tding accommodations . transportation . or othe r meeting and tnn-el related services ('"Supp lier, ..). Suppliers are
independent an d do not ac t for or on hehalf of llCI) rrm·el. are not em ployee, of llCI) Inn el. and do not haw a joint venture or purtnerslup "1th
BCD rrav el. Suppli ers have their own terms an d conditi ons for the sernc es the y pnn 1de. and ym1 ag ree to abid e by the terms and condit ions set
forth in any and all docume nts for an:, such Supplie 1 sen-ices. including. without limita tion. all cm1cellation fees. By ut ilinng the servi ce s
represented by this 1t111ernry.you agree lo the foregoing and also agree that neith er BC!) rrn,·el or its pa ren t. affiliates. subsidiarie s. partners.
agenh. and their respective o fficer s. direc tors . employees. and represen tat iYe, shall he or become liable for any lo» . cos t. expen se. injur y.
ac cident. or dama ge to person or propert :, resulting directly or indirectly from (i) !he acts 0 1 om 1>sions of Suppliers. inclu din g. but not lim ited to.
delays or cancellation of service s, ce ssation of operations, breakdo\vn in machinery or equip1ncnt, or Changes in fiues, itineraries, or schedules:
and or (ii) ac ts of God . dan gers inc ident to the sea. tires. ac ts of government or other au thori ties. wars. act, ofte rro n, rn. ci,·il unrest . strikes. no ts.
thelis. pilferage. epide m ics . quarant ines. other dis ea,e s. cli matic ahe rra t1011s
. or from any othe r cause heyo nd BCD rra,·d' s control. Plea ,e see
add1t1011alknn, and condi 1ions rda!ed to thh itmernry al Terms and Conditions .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000885
ED_ 001686C _ OOOO
1006-00005

 TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline and
are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

To view your trip via Viewtrip, please click

here

Printer Friendly

Delta Air Lines Fligh!
lfrom!1 •···- •" ·"·"·"" Ito Rome on June 07
L-:-.::-.::-.::-"_.I
·-·-·-·-·-·-·-·-·7•••••.·-·-·-·-·-·-·-·-·1
Delta Air Lines Fligh(________
!from Rome to! •···- •" ·"·"·"" ! on June 1(Dperated By: Alitalia S.P.A)
Delta Air Lines Fligh(~.~.J from p;;;;.;-;;i-s~;.;:~~~:-fl~::-;~\;·,E,-EZ-iF-pnJune 1(Dperated By: Endeavor Air Dba Delta Connection)
Electronic Ticket Number:

L.

Personal.SecurityEx.6;

Ex. 7C; Ex. 7E; Ex. 7F__

i

Invoice Number: 000168383
icketAmount: 1,681.06 USO
Prior Ticket: !._P ersonal Security Ex. 6; Ex. 7C;_Ex. 7E; Ex.•7F__ !
Old Ticket Value: 3,458.24 USO
Penalty/Exchange Fee:0.00 USO
dd/Collect: 0.00 USO
Form of Payment: CA************5946
Service Fee Number: 8900693781122
Service Fee Amount: 53.24 USO
Form of Payment: CA************5946

Travel Summary - Agency Record Locator

TAA04FNW

06/13/2017
06/13/2017

r:::.::::;
::.~·:.·:
~-;~·;

-·-·-·-·-·-·-·-·-·-·-·
'-- -------.l

Confirmed
Confirmed
Confirmed
------------=

!

i

!Economy/
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

X

i Economy I K

I

:
Economy/ K
L-.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
,---------------'

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000886
ED_001686C _00001007-00001

 Depart:
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F
1------------'-

Arrive:

________
Duration:
tatus:
Meal:
Equipment:
eat:

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'-

Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEATASSIGNMEN""CONFIRMED:38B
FORUPTODATETRAVEUNFORMATIOt©NAIRLINE
CHECK-IN/RESTRICTIONS/LI MITATIONS/SECURITY.
PLEASECHEC~.DEL
TA.COM
NO FREQUENlFL YERI NYOURPROFI LS:ORCARRIER3OOKED

02 Emissions:
Remarks:

Depart:

Arrive:
----------

Duration:
tatus:
Meal:
Equipment:
Operated By:
eat:
02 Emissions:

------------------------.1

Fiumicino,Terminal3
Rome, Italy
__.i_
--··-•"·"'."' "".hursday, June 8 2017
8 hour(s) and 45 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator! "'"00""'"''""·""'·'""·''"·" :
Dinner
'"·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-;

Fiumicino,Terminal1
,·-·Rome._ltaLv.
L::::::~_:::.:.:~_::.Juesday,
June 13 2017

i

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i

--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·->-_______________________
9 hour(s) and 35 minute(s) Non-stop
i
Confirmed - Delta Air Lines Record Locator! e.coooO,S.m,fyh.,e..,c,e..,,e..ff
Lunch
'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·;

_,

Boeing 777-200/ 200ER
Alitalia
Assigned at Check-in
4263 miles/ 6859.167 kilometers
1,594.36 lbs/724.71 kgs
NO FREQUENlFL YERI NYOURPROFI LS:ORCARRIER3OOKED

PersonalS ecurityEx.6;Ex.7C;Ex.7E;Ex.7F

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Remarks:

1 hour(s) and 47 minute(s) Non-stop
15 hour(s) and 37 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locato~ "''""
"'""""""''"" '"" '"" :
Canadair Regional Jet
'
·
Endeavor Air Dba Delta Connection
03C (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NO FREQUENlFL YERI NYOURPROFI LS:ORCARRIER3OOKED

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000887
ED_ 001686C _ OOOO
1007-00002

 Remarks
FOR 24/7TRAVELASSIST ANCEPLEASECONT ACT
HE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDETHE US CALLCOLLECT770-829-2609
FORTHEHEARINGMPAIREDPLEASEDIAL711
0 ACCESSRELA YSERVICE.PROVI Ds=>HONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENTCHANGES NTHEFY15GOVERNMEN"CITYPAI R
PROGRAM/CPFVOURAI R RESERVATI ON~RESUBJECTTO
CANCELLATI Ol'llYTHEAI RLI NESF NOTTICKETED\ T LEAST
8 HOURSPRIORTOSCHEDULECDEPARTURE
PLEASEENSUREALLNECESSARYAPPROVALS\REPROCESSEDN
CCORDANCEWITHYOURAGENCYSBUSINESffiULESBUTNOLESS
HAN3 BUSI NESSJA YSPRI ORTO DEPARTURB"OENSURETICKETI NG.
HI S48 HOURCANCELLATI ONRULEDOESNOT APPL YTO
I NTERNATIONAHESERVATION~NLESSt'OURTRIPHAS
DOMESTIC
CONNECTIONs.)NMORETHANONEAIRLINEDRTHESE
RESERVATIONstEQUIREEEPARATEAIRTICKETS.
RECONFI RMNTERNATI ONAELIGHTS72HRSPRIORTO TRAVEL
CHECKIN21/2HOURSPRIORFORINTERNATIONAirRAVEL
PASSPORlV ALI 06 MONTHSBEYONDI NTENDED3T A Y
IS REQUI RECFORTHISITINERARY
DVISEOOF DOCUMENlREQUI REMENTSORTHI SITI NE RARY
CHEC'r0f\/Wv\/. CDC.GOV /TRAVBEORTRAVELHEAL THAD VI SORI ES
PROPERDOCUMENTATIOM> REQUI RECFORENTRYl NTO
RRIVALCOUNTRY
CHECKVVVWV.DHS.GOV/TRAVEL-ALERTS
FOR COUNTRYTRAVELADVI SORI ES
CONT ACTTHEDESI GNATEIEOVERNMENlZ\GENCYl NY OUR
COUNTRYOFCITIZENSHlffl"ORPASSPORTNIS.REQUIREMENTS.
RAVELINTOU.S.MAYREQUIREESTMUTHORIZATION.
ISITHTTPS://ESTA.CBP.DHS.G~RDET
AILS.
CHECK-I NrlMESA.RE90 Ml NUTEs=>RIORTO DEPARTURE
FOR DOMESTICFLIGHTS)R 120MI NUTEs=ORI NTERNATIONAL
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DESTI NATIOf\F.ORTHELATESll NFORMATIOm>LEASECHECK

02Jun/11 :45AM
TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security requireme1
regarding permitted and prohibited articles and goods related to your travel.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000888
ED_ 001686C _ OOOO
1007-00003

 Estimated trip total

1,681.06 USO

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Transportation of Hazardous Materials
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(up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. F
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Email generated on 02Jun/4:45 PM UTC

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000889
ED_ 001686C _ OOOO
1007 -00004

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000890
ED_ 001686C _ OOOO
1007-00005

 Jackson, RyanUackson.ryan@epa.gov]; Greenwalt, Sarah[greenwalt.sarah@epa.gov]
Davis, Patrick[davis.patrick@epa.gov]
From:
Jay Martin
Sent:
Tue 6/6/2017 7:52:38 PM
Subject: RE: CWA permits
EPA Summary 6.6.17.docx
EPA Letter to Contura Energy.pdf
DMME Letter to McGuigan 6.6.17.pdf
To:
Cc:

All,

Thanks again for your willingness to consider the permitting issues Contura Energy currently has
before EPA.

While the first attachment includes a summary of the outstanding permitting issues we had
previously discussed, I would be remiss to not also include additional information for your
review regarding a more recent EPA action that has the potential to add a significant cost and
man-hour burden upon our company.

Paramount 308 Letter in VA

The second attachment is a Clean Water Act Section 308 information request letter that we
received last week from EPA' s Region III Office. This is something that I have been in direct
contact on already with Patrick Davis, who I also copied on this email. Conversations with
Patrick have been helpful, but we continue to be extremely concerned with this EPA action being
taken - in direct conflict with the wishes of the state regulatory agency - and the broader
precedent it could create.

Related, the third attachment is a letter the Virginia Department of Mines, Minerals and Energy
(DMME) sent today to David McGuigan, the Associate Director in the Office ofNPDES
Compliance and Enforcement in regards to the 308 letter we received.

Finally, it's worth noting that our CEO, Kevin Crutchfield, received a message from McGuigan
requesting a "conference call to discuss the questions regarding the 308 issue." This outreach is
a bit out of the ordinary and I wanted to flag for you just to make sure everyone is aware of the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000891
ED_ 001686C _ OOOO
1008-00001

 various moving parts regarding this issue in advance of the DMME call with EPA Region III
scheduled for this upcoming Thursday.

Thanks in advance and please don't hesitate to contact me with any questions.

Jay

Jay Martin
VP - Government Affairs
1455 Pennsylvania Avenue NW, Suite 320
Washington D.C. 20004
t: 202.347 .5774 I m:[_Ex._6_Personal Privacy_!

iav.martin(iDconturaenergv.com

From: Jackson, Ryan [mailto:jackson.ryan@epa.gov]
Sent: Monday, June 5, 2017 10:31 AM
To: Jay Martin <Jay.Martin@conturaenergy.com>
Cc: Greenwalt, Sarah <greenwalt.sarah@epa.gov>
Subject: Re: CW A permits

Jay, can you send us information on the CW A permits your working with the Agency to
get?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000892
ED_ 001686C _ OOOO
1008-00002

 Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
i_Ex. 6 - Personal Privacy

i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000893
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1008-00003

 DIVISIONS
ENERGY
GASANDO!l
GEOlOGY
ANO
MINERAL
RE
SOURCES
MiNEO
U.NORECLAMATION
MINERA
LMINING
MINES
ADMJN!STRA
TION

COMMON

LTH
OF<VIR.
GlNIA

Depart11ie
nt of Mines, Minerals and Energy
P. 0. Dra,ver900
Big Stone Gap, Virginia 24219-0900
(276) 523-8100
. FAX (276) 523-8148
W\Vw.c;!mm
e.virginia.gov

June 6, 2017

Mr. David B. McGuigan
. Associate Director
Office of NP DES Compliance and Enforcement
Water Protection Division
U.S. Environmental Protection Agency, Region III
·
1650 Arch Street
Philadelphia, PA 19103-2029
Dear Mr. McQuigan:
The Division of.Mined Land.Reclamation (DMLR) Division Director Randy Casey
shared a copy of the Clean Water .A.ct
Section 308. Information Requireme11tthat EJ>A issuecl to
Contura Energy on May25th. I am deeply concerned about the action that EPA has ta~en.
First and foremost, the Department of Mines, Minerals and Energy (DMME), which is the
agency responsible for NPDES permitting and compliance in Virginia's coalfields, never
requested this. It is our.understanding this action was reported to EPA .as being initiated by
DMME and that is simply not the case. DMME does not support this action and is not in
. agreement that it is consistent with s .ection 308.
.
Second, all of the requested permitting data and infol'ltlation is readily available within
DMME and is also electronically accessible to EPA; thus, it is punitive, inefficient, and beyond
the regulatory confines to force Contura to pull and submit this information under a threat of
penalty for delay or omission.
Third, DMME does not agree with EPA' sint~rpr~tation n:garding undf!rdrains, which
appears to be the focus of the Infonnation Requirement. Additionally, we find the timing
confusing considering we just arrat1ged a call todiscuss this issue on June 8th. DMME believes
it improper for EPA to single out individual pern1iuees like.Contura and Red .River (which
previously received a similar information requirement) wh(!n our agencies are in fundamental
disagreement over what is the regulatory requirement, which we have no.t had a chance to
discuss, and which has widespread programmatic implications across numerous states. This
proposed action wouldnot only apply to coal mining fills, but as being applied by EPA, could be
interpreted as a requirement for numerous other constructed fills such as road fills.

AMll~ICAN

OVERSIGHT

EQUALOPPORTUNITYEMPLOYER
Tnn omm .R?R-1170- Viroinin REPA-17-0193
Plnv rPntPr
and EPA-17-0194-A-000894

American Oversight v. EPA (18-cv-00364)

1009-00001
ED_ oo1686C_ OOOO

 Mr. David 8. McGuigan
Page2
June 6, 2017

For the above stated reasons, DMME requests EPA rescind the lnfonnation Requirement.
Once we have had a chance to reach a common interpretation of Section 308 and have
established associated regulatory program expectations, DMME stands ready to take any
· necessary
appropriate action.
~.
Sincerely,

~~0-~
···

...

~

Bradley C. Lambert
Deputy Director
c: Lawrence Starfield, EPA
James Golden, DEQ
John Warren, DMME

AMll~ICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000895
ED_ oo1686C_ OOOO
1009-00002

 UNITEDSTATES ENVIRONMENTALPROTECTIONAGENCY
REGIONIll
1~soAr~h Street
Philadelphia; Pennsylvania19103-2029

Via UPS

Mr.Kevin S. Crutchfield, Chief Executive Officer and Director
Contura Energy, Inc.
340 Martin Luther King Jr. Blvd.
Bristol, Tennessee 37620
Re: Information Requirement Pursuant to Section 308 of the Clean Water Act
Dear Mr. Crutchfield:
Enclosed is an Information Requirement issued to Contura Energy, Inc. ("Contura"). The
United States Environmental Protection Agency ("EPA") is authorized under Section 308 of the
Clean Water Act("CWA" or the "Act"), 33 U.S.C. § 1318, to require reports and other information
necessary to carry out the purposes of the Act. You should read the Inf01mation Requirement
carefully as it provides instructions and deadlines for certain information to be provided to EPA.
Compliance with this Information Requirement is mandatory. Failure to respond fully and
truthfully to the Information Requirement in accordance with deadlines set forth in the Information
Requirement, or to adequately justify such failure to respond, can result in enforcement action by
EPA pursuant to Section 309 of the Act, 33 U.S.C. § 1319. EPA is authorized to seek the
imposition of penalties up to $20,965 for each day of continued noncompliance with the
Information Requirement. Please be further advised that the provision of false, fictitious, or
fraudulent statements or representations may subject you to criminal penalties under 18 U.S.C. §
1001.
You may assert a business confidentiality claim covering all or pa1t of the information
required herein in the manner described in 40 C.F.R. § 2.203(b). Information covered by such a
claim will be disclosed by EPA only to the extent .and by means of the procedures set forth in
40 C.F.R. Part 2, Subpart B. If no claim ofconfidentiality accompanies the information required
herein when it is received, EPA may make the information available to the public without further
notice to you.
This Information Requirement is not subject to review by the Office of Management and
Budget under the Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35 (See 5 C.F.R. §
1320.3(c)).

AMFnlCAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000896
ED_001686C_00001010-00001

 .··.
Sho~ld you have any questions pertaining to this matter, please contact Mr. Mark Zolandz
ofmy of:ijce at (215) 814-2319.
incerely,

vid~Mt~J
'.D.i0.-

A ociate Directo1~n,p~
0 flee ofNPDES Permits and E
Water Protection Division

rcement

cc: Randy Casey, VA DMME
Enclosure

AMl:HICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000897
ED_ 001686C _ OOOO
1010-00002

 In The Matter of:

INFORMATION REQUIREMENT

Contura Energy, Inc.

Proceeding Under Section 308 of the
Clean Water Act, 33 U.S.C. § 1318

Respondent

I. STATUTORY AUTHORITY
1.

This Information Requirement is issued under the authority vested in the United States
Environmental Protection Agency (EPA) by Section 308 of the Clean Water Act (CWA
or Act), 33 U.S.C. § 1318. The Administrator of the EPA has delegated this authority to
the Regional Administrator of EPA Region III who in turn has delegated it to the Director
of the Water Protection Division of EPA Region III who in turn has delegated it to the
Associate Director of the Office of National Pollutant Discharge Elimination System
(NPDES) Permits and Enforcement. EPA hereby requires Contura Energy, Inc.
(Contura) to provide information specified below.

II. STATUTORY AND REGULATORY BACKGROUND

2.

3.

EPA is authorized under Section 308 of the CWA, 33 U.S.C. § 1318, to require owners and
operators of point sources to establish records and make such reports as may be necessary
to carry out the purpose of the CWA, including but not limited to:
a.

developing or assisting in the development of any effluent limitation, or other
limitation, prohibition, effluent standard, pretreatment standard, or standard of
performance under the CW A;

b.

determining whether any person is in violation of any such effluent limitation, or
other limitation, prohibition or effluent standard, pretreatment standard, or standard
of performance;

c.

any requirement under Section 308 of the CWA; and,

d.

carrying out Sections 305, 311, 404, and 504 of the CWA.

Failure to respond as directed to a CWA Section 308 requirement is punishable under the
civil and criminal provisions of Section 309 of the CWA, which provide for the

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 assessment of penalties, injunctive relief and imprisonment. Providing misleading or
false information may subject you to civil and criminal sanctions. The information you
provide may be used by EPA in administrative, civil, or criminal proceedings.
4.

You may, if you desire, assert a business confidentiality claim covering all or part of the
information required herein in the manner described in 40 C.F.R. Part 2, Subsection B.
Information covered by such a claim will be disclosed by EPA only to the extent and by
means of the procedures set forth in Subpart B, 40 C.F.R. Part 2. If no claim of
confidentiality accompanies the information required herein when it is received by EPA,
it may be made available to the public by EPA without further notice. You may not
withhold any information from EPA on the grounds that it is confidential business
information. This inquiry is not subject to review by the Office of Management and
Budget under the Paperwork Reduction Act 44 U.S.C. Chapter 35. See C.F.R. Section
1320.3(c).

III. INSTRUCTIONS
5.

Provide all documents in your possession which relate to the responses given. With
respect to each document, identify the date, author, addressee, current location, and
custodian and indicate on each document produced in response to this Information
Requirement, or in some other reasonable manner, the number of the question or subpart
to which it corresponds.

6.

Provide a separate narrative response for each question contained in this Information
Requirement and for each subpart of each question. Precede each answer with the
corresponding number of the question to which it responds.

7.

Provide the name, address, telephone number, and occupation of each person providing
responses to any questions contained in this Information Requirement, as well as each
person consulted in the preparation of the response on behalf of Respondent, to these
demands for information.

8.

For each question, identify each document consulted, examined, or referred to in the
preparation of the response or that contains information responsive to the questions, and
provide a true and correct copy of each document if not provided in response to another
specific question.

9.

If tabulation is required, provide the required information in tabular form in hard copy
and also in tabular form in an electronic spreadsheet file of Microsoft Excel format.

10.

To the extent information required herein was previously provided to EPA by the
Respondent, there is no need to provide it again, but rather identify the information and
the date it was previously provided.

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ED_ 001686C _ OOOO

 11.

If required information or documents are not known or are not available at the time of
your response to this Information Requirement, but later become known or available,
Respondent must supplement its response to EPA. Moreover, should Respondent find at
any time after submission of its response that any portion is or becomes false, incomplete,
or misrepresents the facts; Respondent must provide EPA with a corrected response as
soon as possible.

12.

All submissions provided pursuant to this Information Requirement shall be signed and
dated by Respondent to include the following certification:

"I certify under penalty of law tltat tltis document and all attacliments were prepared
under my direction or supervision in accordance witlt a system designed to assure tltat
qualified personnel properly gatlter and evaluate tlte information submitted. Based on
my inquiry of tlte person or persons wlto manage tlte system, or those persons directly
responsible for gathering tlie information, tlte information submitted is, to tlte best of
my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including tlte possibility of fine
and imprisonment for knowing violations."
Signed _____________
Title
Date

_

---------------------------

13.

Submit a copy of your response to the following individual:
Mr. Mark Zolandz
NPDES Enforcement Branch (3WP42)
Water Protection Division
U.S. Environmental Protection Agency, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

IV. DEFINITIONS

14.

The terms "document" and "documents" shall mean any format that records, stores, or
presents information, and includes writings, memoranda, records, or information of any
kind, formal or informal, whether wholly or partially handwritten or typed, whether in
computer format, memory, or storage device, or in hard copy, including any form or
format of these types. If in computer format or memory, each such document shall be
provided in a translated form useable and readable by EPA, with all necessary
documentation and support. All documents in hard copy should also include: (a) a copy
of each document which is not an exact duplicate of a document which is provided; (b)
each copy which has any writing, notation, or the like on it; c) drafts; (d) attachments to

AMFfllCAN

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American Oversight v. EPA (18-cv-00364)

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 or enclosures with any document; and (e) every other document referred to or
incorporated into each document.
15.

The term "identify" with respect to a natural person means to provide that person's name,
address, telephone number, title, and relationship to Respondent. The term "identify"
with respect to a business entity means to provide that entity's name, address, and
relationship to the Respondent, and to provide the name, address, telephone number, and
title of an individual who can provide inf01mation related to, and on behalf of, the entity.

16.

The term "Facility" refers to all coal mines or related operations, including without
limitation all coal refuse facilities, coal preparation facilities or coal storage or transfer
facilities owned or operated by Contura Energy, Inc., or any joint venture or affiliated
company including Dickenson-Russell Contura, LLC and Paramont Contura, LLC.

17.

The term "SMCRA" refers to the Surface Mining Control and Reclamation Act.
V. REQUEST FOR INFORMATION

Within thhty (30) calendar days of receipt of this Information Requirement, and pursuant
to Section 308 of the CWA, 33 U.S.C. § 1318, please submit to EPA the following
information:
18.

In narrative form, provide a description of the business operations of Contura, including
any subsidiaries. In your response include:
a. Date and state of Incorporation. If this is a privately held corporation provide
information on the timeframe of state operations;
b. Years of operation;
c. An organization chart that includes the list of officers with titles;
d. The location of headquarters operations and locations for business operations and
a list of local offices or any subsidiaries;
e. The Standard industrial classification code that you operate under;
f. Number of employees; and
g. Annual sales and revenue from January 2012 for the present.

19.

A list of all Facilities in Virginia, including:
a.
b.
c.
d.

20.

Mine or related operation Name;
Mine or related operation Location;
NPDES Permit Number; and
SMCRA Permit Number.

For each Facility identified in response to paragraph 19, provide a table of all hollow
fills, whether permitted or unpermitted, with the following information:

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000901
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ED_ 001686C _ OOOO

 a.
b.
c.
d.

Permittee name;
NPDES permit number;
SMCRA permit number;
Outfall number and location including Latitude and Longitude (if the outfall has
been deleted from the NPDES permit, provide the historic outfall number and
indicate that it has been deleted);
e. Receiving stream; and
f. Current operational status of the hollow fill, (e.g., active, inactive, phase of bond
release, sediment pond removed and NPDES outfall deleted, etc.).
21.

For each hollow fill identified in response to paragraph 20, where the sediment pond has
been removed and the outfall deleted from an NPDES permit, provide the following:
a. All documents related to the design and constmction of the hollow fill;
b. Any Cumulative Hydrologic Impact Assessments.
c. All water monitoring data, including but not limited to NPDES effluent
monitoring data and SMCRA monitoring data, and any samples taken below the
toe of the fill, for a period of one year prior to removal of the outfall to present;
d. The permit application to delete the outfall; and
e. The date the outfall was removed.

22.

For any hollow fill identified in response to paragraph 20 that is not cun-ently being
monitored for water quality, beginning 15 days after receipt of this information
requirement and continuing for 6 months, conduct daily monitoring for flow and specific
conductivity and weekly monitoring for total dissolved solids at a location directly below
the toe of the fill. These results, including OPS coordinates of the sampling locations,
should be submitted to EPA on a monthly basis.

VI. EFFECTIVE DATE

This INFORMATION REQUIREMENT is effective upon receipt.

~\\\
d Enforcement
Water Protection Division

AMFfllCAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000902
ED_001686C_00001010-00007

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000903
ED_ 001686C _ OOOO
1010-00008

 !.:. Doe Branch Permit (VA)
Joint SMCRA/NPDES permit (1101946/0081946) Renewal Application Number 1009492:
Doe Branch was originally permitted in September of 2005. In 2006, EPA also approved a
TMDL for Russell Prater Creek, which would receive some of the drainage from this mine site
when it is activated. Total Dissolved Solids was designated as one of the stressors in the TMDL.
In 2009, a major revision was submitted to add over 1000 acres of mining area to the permit.
DMLR submitted a draft NPDES permit for Doe Branch to EPA in August 2012 and in
September 2012 the EPA issued a General Objection to the issuance of the NPDES permit. EPA
followed up with a Specific Objection in November of 2012. DMLR responded to all the
comments in the Specific Objection and received no response from EPA. DMLR then issued the
joint SMCRA/NPDES permit on 11/25/2013. EPA responded with a letter in December 2013
stating that the Specific Objection was still valid and unresolved, meaning that the permit issued
by DMLR was not "valid" according to EPA. To this day, EPA still refuses to lift its Specific
Objection.
In June 2014, the EPA confirmed that it met with the Sierra Club and the Southern Appalachian
Mountain Stewards (SAMS) concerning Doe Branch. Shortly thereafter, SAMS and Sierra
Club filed a complaint with OSM, prompting a Ten Day Notice to VA over the Doe Branch
permit and TMDL issues. SAMS and Sierra Club also filed comments against renewal of the
Doe Branch permit, forcing DMLR to hold hearings over the application and successive drafts of
the permit. The latest draft permit was submitted to EPA on 4/27/2017 and there has been no
response. EPA's Region 3 Office has made coal-related permitting nearly impossible. This is
approaching 8 years of wrangling with EPA on this permit.
While all this EPA interference was ongoing on the SMCRA/NPDES permit, we were
experiencing the same on the CW A 404 permit. We were successful in finally obtaining a 404
permit but due to the EPA interference, it was extremely expensive, costing many times what a
typical CW A 404 permit should have cost to obtain and took way too much time to gain
approval. It also contains some very difficult requirements that were added by EPA.

2. Permit Shield, Aluminum and Selenium issues in WV:
We do not currently have any permitting actions that are being held up by EPA's failure to
approve these WVDEP requests, but will soon be submitting a request for alternate Selenium
limits at our Power Mountain Coal Refuse Disposal Area. There have also been some recent
adverse decisions by Judge Chambers in the Southern District of WV where he relied upon the
current WV permit shield language. Had EPA approved the WVDEP request, these outcomes
might have been different. The hardness-based aluminum standard would help the industry in

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American Oversight v. EPA (18-cv-00364)

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 general. The current standard is overly protective.

3. Underdrains as NPDES Discharges (EPA's Information Request under Section 308
of the CWA):
On June 1, Contura received a Section 308 Letter from EPA' s Region 3 that was signed by Mr.
David B. McGuigan, Associate Director, Office of NPDES Permits and Enforcement. This letter
requires that Contura provide an enormous amount of information in a very short timeframe.
This information is already in the possession of the Virginia Division of Mined Land
Reclamation (VDMLR), the agency with SMCRA and CWA primacy in Virginia's coalfields.
This information request centers on the apparent EPA belief that underdrains from valley-fills on
surface mines become NPDES point source discharges once the ponds that they drain to are
removed, and that the underdrains require a new permitting action once the receiving ponds are
removed. The ponds are only removed after a permitting action requesting the ponds' removal is
submitted, reviewed and approved by VDMLR. This is a novel EPA approach that is supported
by the Sierra Club but not supported by the DMLR which regulates the mining operations and
must approve the removal of the ponds. In its 40-year plus history DMLR has never regulated
underdrains as NPDES discharges and we are not aware of any State that has primacy to regulate
coal operations that so regulates underdrains.
We would like to see this request withdrawn or held in abeyance until the DMLR and EPA' s
Region 3 Associate Director McGuigan have a scheduled conference call to discuss this issue.
They have a call scheduled for June 8.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000905
ED_001686C_00001011-00002

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Fri 6/2/2017 4:17:48 PM
Subject: UPDATED 02Jun - Travel Receipt for JACKSON/RYANT Travel date 07Jun
Travel Receipt Commu nication Attachment - M2PZWQ - June 7 2017 .PDF

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.
To view your trip via Viewtrip, please click here

Printer Friendly

Total Amount: 53.24 USD
This ticket information applies to the following trip(s):
Delta Air Lines Flighti:~:~-~-~")'romi
''"""'"""';""·'"·""·""·"
to Rome on June 07
fro~ Rome to i ""
ion June 13 (Operated By: Alitalia
Delta Air Lines Fligh~'...·-·-·-·-·-·:
00

""';";""

'

""""""

S.P .A)
:--·-·-·-·-·-, .-·-·-·-·-·-·-·-·-·-·~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:-._·_·_·_·_·_·_·_·_·_·_
Delta Air Lines Flight_ _________
Jfrom i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F pn June 16 (Operated By:
Endeavor Air Dba Delta Connection)
ElectronicTicket Number:L.
Invoice Number: 000168380
Ticket Amount: 3,377.74 USD
Prior Ticket:
Old Ticket Value: 3,458.24 USD
Penalty/Exchange Fee: 0.00 USD
Add/Collect: 0.00 USD
Form of Payment: CA ************5946

PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

__

i

L.Personal. Security Ex. 6;.Ex. 7C; Ex. 7E;_Ex. 7F.J

Service Fee Number: 8900693781119

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000906
ED_001686C_00001015-00001

 Service Fee Amount: 53.24 USD
Form of Payment: CA ************5946

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

06/07/201!

~~~--=---=-!.

iFCO i --·-· ·"·"·"·"·!i
!

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Depart/Arrive

Status

~conomy / X

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!

l

06/ 13/20 1FCO~ '"'°"'''""'''"·'"·""·""·"

:

Confirmed'

t·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
!

06/ 16/20 l LPocsoaal
SomltyE,

.. ,;. E,. 7C; E,. 7E;.E,. 7F

__i

'
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

j
Confirmed

Class/Type

!E,conomy/ y

!
Economy / Y

··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

Add to Ca lend ar Nee d Help?

De lta Air Line s Fiigh[·-·-·-·-·-· i Econ omy

Online check-in

r•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•,.

De part:

Amve:

i
i

i
i

i

i

!i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i!
i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

F'iurn idno. Tern1ina! 3
•. Rome .. ita!y
!•..··-·" ·"· " ·"· !f hursday. June 8 201 7

Duration:
Status :

8 hou r(s ) an d 4 5 mi nute (sJ No n-stop
Co nf,rm ed De lta Ai r Line s Re cord L.ocatorf ·::;.~;:.:::~::::;:::;;;:·1

Meai:
Equiprne nt
Se at
Distan ce :
CO2 Ern iss ions:

Dinner
Airbu s indust rie A33 0-300
3clB (Non smo king) Con firmed
4 263 m;!e s / 6El59.167 kilom eters
1.594.36 :Ds/724 7 1 Kgs

Re ma rks:

SEA T A SSI GNM ENT CO NF IF{M ED 38 B
FO R UF' TO DAT E TR AVE L INFO RMATION ON A!F{L! NE
C HE CK-IN/ REST RiCT iONS /LiM ITA TiON S/SE CUR iTY.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000907
ED_ 001686C _ OOOO
1015-00002

 PLEASE CHECK \WWVD ELTA COM
NO FREQUENT FLYER !N YOUR PRO F!LE FOR CARRIER BOO KED
Add to Cal endar

Need Help?

Online check-in

Delta Air Lines Flight DLL__·-·-·jEconomy
Fiurnicino. Terminal 1

Depart:

,._.RQrmUt.aJy

.L···
·----··· · ····!Tuesda_y .June .1.3 2017·-·-·Arrive:

i
i

!
!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

j

!
!
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

!
i
i

Duration:
Status :

9 honr(s) and 35 miPute/s) Non-stop
,·-·-·-·-·-·-·-·-·-·,
Conf,rmed Delta Air Lines Record Locator i ...
...................!

Meai:
Equipment:
·opr;, rated By:
Seat
Distance:
CO2 Ernissions :

Lunch
Boeing 777 -200/ 200EF1
Aiita!ia
Assigned at Chec k-in
4263 miles/ 6859. 167 kilomete rs
1.594.36 1:)S
/724 .71 kgs

Remarks:

SEAT ASSIGNMENT RESTRICTED TO AiRPOFff/CNLiNE CHECK-!N.
NO FREQUE NT FLYE R !N YOUR PRO F!l. E FOR CARRIER BOOKED

i.-·-·-·-·-·-·-·-·-· !

Add to Cal endar

Online check-in

Delta Air Lines Fiigh!_-- · · · · :Eco nomy
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

Depart:

Amve :

!
!
!
!
!

i

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Need Help?

i
i
i
i
i

!
i
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i
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!
!
!
!

t·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!

Duration:
Status
Equipment:
·opr:: rated By:
Seat
Distance:
CO2 Ernissio ns:

i hour(s) and 47 minute(s) Non-stop
.-·-·-·-·-·-·-·-·-·-·-·-·~
Confirm ed Delta Air Lines Record Locator: ...,.,.,.•.., " , "' """"' :
1
'·-·-·-·-·-·-·-·-·-·-·-·-·
Canada!r Regional Jet
Endeavo r Air Din Delta Connection
05B (I\Jcn smoking) Confi rmed
227 miles/ 365.243 ki:ometers
124.85 lbs/56.75 kgs

Remar ks:

SEAT ASSIGNMENT CONF iRM ED:05B
NO FREQUE NT FLYE R !N YOUR PRO F!l. E FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000908
ED_ 001686C _ OOOO
1015-00003

 CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
RESERVATIONS REQUIRE SEPARATE AIR TICKETS.
RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
IS REQUIRED FOR THIS ITINERARY
ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEAL TH ADVISORIES
PROPER DOCUMENTATION IS REQUIRED FOR ENTRY INTO
ARRIVAL COUNTRY
CHECK WWW.OHS.GOV/TRAVEL-ALERTS
FOR COUNTRY TRAVEL ADVISORIES
CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORTNISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
CHECKED BAGGAGE POLICIES VARY BASED ON CARRIER AND FINAL
WITH YOUR TRAVEL CONSUL TANT OR THE AIRLINES WEBSITE.

DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK
02Jun/11:17AM

TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security
requirements regarding permitted and prohibited articles and goods related to your travel.

Air

Car

Hotel

Rail

Other

Fare information

Refund restrictions
before departure

Change restrictions
after ticketing

Ticket information

REFUND
RESTRICTIONS MAY
APPLY

CHANGE
RESTRICTIONS MAY
APPLY

3,377.74 USD

Vendor
Air
·-·-·-·-·-·-·-·1
!?Jun
f 13Jun

Total:
USO 3,377.74

-·-·-·-·-·-·-_j
16Jun

All quotes are provider quotes excluding possible taxes and charges en route. Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the header of this document. Please note that
some local taxes and charges may be invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardons Materials

Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in 5 years
imprisonment and penalties of$250,000 or more (49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000909
ED_ 001686C _ OOOO
1015-00004

 and solids, oxidizers, poisons, corrosives and radioactive materials.
Forbidden Dangerons Items Examples:

Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggage. If your
carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.
Email generated on 02Jun/4: 17 PM UTC

BCD rrn, el ac ts only as an age nt for the airline ,. h<>
tels . bus compa nies. railroads lour operators. crui,e lines. car ren tal companies. and other
and tnn el rel ated ,ernces ("Suppliers ..). Supp liers are
similar 1hird partie , prOI 1ding accommo<l at10ns. transpo rtation. or other 111eet111g
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repre sen ted by thi, itinern 1y. you agree to the foregoing and also agree that neit he r BCD rrn,·el or its parent. affilia te s. suhsidianes . partners .
agen ts. and thei1 respecti,e oni cers. direc tors employees . and rep re,e nta ti,·es shall he or hecome liable for any loss. cost. expense . injury.
accid ent. or damage to person or property resultmg directly or ind irectly from (i) the ac ts or om i,s ions of Supplie rs. including . but not limit ed to.
delays or cancellation of services, cessation of ope rations, breakdown in rnaChinery or equjp1nent, or Changes in fares, itine raries, or sChedUles:
and or (ii) acts of God . dange rs i11cidell1 to the sea . tires. ac ts of go,·ernment or other authoritie s war s. acts ofte rron,rn. civi l unres t. stnkes . nols .
thelis . prlfrrage . epide m ics. quarant ine s. oth er dis ea,e s. cli nrntrc aherrat1011s. or from any othe r cause heyond BCD rrn, ·e!' s control. Plea,e see
addit ional term, and condi tions rela ted to thi, itinerar y at Terms and Conditions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000910
ED_ 001686C _ OOOO
1015-00005

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Wheeler, Andrew R.
Tue 6/13/2017 3:25:13 PM
Washington Coal Club

Would you be willing to speak at a Washington Coal Club lunch, probably in July. Location
either on the Hill or at NMA. We can accommodate your schedule but would need to book it
three weeks out. Some House members attend, mostly Hill staff and Washington Reps. Thanks
for considering.

Andrew R. Wheeler

Faegre Baker Daniels Consulting
I 050 K Street NW I Suite 400 I Washington, DC 20001, USA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000911
ED_001686C_00001017-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Cyber Security Executive Order Implementation
Thur 6/15/2017 12:05:19 PM
[SPAM] Register for July 12: The President's Cybersecurity Exec Order (EO) Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000912
ED_001686C_00001019-00001

 workshop
tor bovernment
&. Industry
Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Additional Government Speakers are being
approved for participation by their Agencies.
Government Speakers:

Dr. Ron Ross
NIST Fellow
Author of the NIST Risk Management Framework
{RMF) and
Numerous NIST Cyber Security Publications
Jarvis Rodgers
Information Technology Audit Director
Office of Inspector General
Department of Health and Human Services {HHS)
Additional Government Speakers are being
approved for participation by their Agencies
Potomac Forum Workshops are 100% educational programs and not
sales or marketing events!
Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000913
ED_ 001686C _ OOOO
1019-00002

 panel ana peer mteract1ons at me wor1<snop snoum oe mva1uame m
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:

• The approach used by the NIST RMF
• The value of the integration
of the NIST RMF with the NIST
CSF
• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
{RA), Security Control
• Importance
of Risk Assessments
Assessments
{SCA), and Security Testing & Evaluation
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A,
Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order

You Should Attend
•
•
•
•
•
•
•

Review the key steps within the NIST RMF and CSF
Obtain practical knowledge of how NIST RMF and CSF are incorporated
into information
system security
Gain insight into conducting and implementing
NIST RMF and CSF in your
organization
Collect information
on how NIST frameworks
can be leveraged to enhance
the security of your organization
Learn how risk management
and cybersecurity
are essential for regulatory
compliance
Learn from risk management,
security and OIG colleagues in Federal,
State and Local Governments
Learn how other Agencies are responding to the EO

Who Should Attend:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000914
ED_ 001686C _ OOOO
1019-00003

 •
s,
s an
a
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management
• Executives who oversee risk management
for the
government
• All government
executives,
managers and staff who need
to better understand
risk management
and implementing
the President's
Executive Order
•
•
•
•

CEUs Awarded

Upon Workshop

Completion

Potomac Forum is an Authorized
of ICS{2) Credits

Provider

Press is NOT Invited to Register or Attend
"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

"Government

Please do not Unsubscribe from this
Cyber Security" Training Workshop" Email List

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000915
ED_ 001686C _ OOOO
1019-00004

 t'Otomac t-orum eaucat1ona1 programs auuress ma1or government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
"Government
Cyber Security" Training Workshop Email List.
Thank You.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM) Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000916
ED_ 001686C _ OOOO
1019-00005

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Fri 6/2/2017 4:12:36 PM
Subject: Travel Itinerary for JACKSON / RYAN T

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

FCoi~:~:,::::~
·:·.-:.-.;-,:~:~:~;]
06/07 /20 {-·-·-·-°l
---~~----·-·-·!

L--·-·-·-·-·-·-·-·-·-·-·•

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06/ .13/20 1.. 'll'co
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K;fa.

"'"·

ff

Status

Depart/ Arrive

!

Confirmeq
i
i
.;

Personal SecurityEx .. 6; Ex .. 7C; Ex. 7E; Ex .. 7F __

i'

Economy / X

i
i
i

Confirmed ''"""'"""'''"·"'"·"''"''"·"
i! Economy/ Y
~
i
j

!
06/ 16/20 11
__

Class/Type

i

Confirmeq

i

pMEconomy

i_____________________________________
j

IY

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000917
ED_ 001686C _ OOOO
1020-00001

 Delta Air Lines Flight!·······"······ !Economy
Depart:

l...

Pe~onal Seeu,ny.Ex. 6;-Ex. 7C;.Ex. 7E; .EdF

Weather

J

Weather

Rome, Italy
l_~
·:::~::·::.'~:~:~:~:~:~·-~-_[rhursday,
June 8 201 7
8 hour(s) and 45 minute(s) Non-stop
,·-·-·-·-·-·-·-·-·-·-·-·-·-.
i
Confirmed - Delta Air Lines Record Locator:!.~·:::~::·::.'~:~:~:~:~:~--~Dinner
Airbus Industrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEAT ASSIGNMENT CONFIRMED:38B

Arrive:

__

0

Duration:
Status:
Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

Delta Air Lines Flightl_-~-:~::.~-~::.
·~::.J Economy
Depart:

Arrive:

Fiumicino, Terminal 1
Rome, Italy
L"""'"''""""'"'
_""'"'_!Tuesday,June 13 2017

Weather

----~--...-.-·---~-~~---·-·-·-·-·""·-·-~----·---·-·~----·-·-·""·-·-·
....-·-·-·-·-·-·-·-·-·-·
!
i
i
i

!
!

i
i

!
!

Weather

i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·•

Duration:
Status:

9 hour(s) and 35 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator:j_""'

Meal:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

Lunch
Boeing 777-200/ 200ER
Alitalia
Assigned at Check-in
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

SEAT ASSIGNMENT RESTRICTED TO AIRPORT/ONLINE CHECK-IN.

00

""'"''""'""""_""

i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000918
ED_ 001686C _ OOOO
1020-00002

 Delta Air Lines Flightl______
~----·-·-·-·-.:_Economy
-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·Depart:
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Weather
Weather

Arrive:
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-~·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

Duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:
Remarks:

1 hour(s) and 47 minute(s) Non-stop
·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
"'_';""c"_";"ffi
Confirmed - Delta Air Lines Record Locator:i_~"'" """'
Canadair Regional Jet
Endeavor Air Dba Delta Connection
05B (Non smoking) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
SEAT ASSIGNMENT CONFIRMED:05B

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000919
ED_ 001686C _ OOOO
1020-00003

 CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
COUNTRY OF CITIZENSHIP FOR PASSPORT/VISA REQUIREMENTS.
TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
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**
DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK
02Jun/l 1:12AM

TRAVELER NOTICE-Please check with your carrier(s) for travel documents required
(Passport, VISA, etc.) and security requirements regarding permitted and prohibited articles and
goods related to your travel.

Air

Car

Hotel

Rail

Other

Refund
restrictions
before
departure

Change
restrictions
after ticketing

Ticket
information

3,377.74 USD

Vendor

Fare
information

.Air·-·-·-·-·-··
Total:
)7Jun
-···-·
"·"·"·"·i*13Jun USO 3,377.74

·-·-·-·-·-·-·-·-·-J
16Jun

REFUND
CHANGE
RESTRICTION~ RESTRICTION~
MAY APPLY
MAY APPLY

All quotes are provider quotes excluding possible taxes and charges en route.
Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the
header of this document. Please note that some local taxes and charges may be
invoiced during your trip and cannot be shown at time of reservation.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000920
ED_ 001686C _ OOOO
1020-00004

 Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on
your person. A violation can result in 5 years imprisonment and penalties of $250,000 or more
(49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are
special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles
carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items
MUST be packed in carry-on baggage. If your carry-on bag is gate checked, the spare batteries
and fuel cells must be removed and carried in the cabin.

Email generated on 02Jun/4:12 PM UTC

BCD Trave l acts only as an agent for the airline s, hote ls, bus companies , railroads , tour
operators, cruise lines, car rental companies, and other similar third parties provid ing
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Suppliers are independent and do not act for or on behalf of BCD Trave l, are not employees of
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and condi tions set fo11hin any and all documents for any such Supplier services, including,
without limitation , all cance llation fee s. By utilizing the services represented by this itinerary ,
you agree to the foregoing and also agree that neither BCD Trave l or its paren t, affiliates,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000921
ED_ 001686C _ OOOO
1020-00005

 subsidiaries, partners , agents , and their respective officers , directors , emp loyees , and
representatives shall be or become liable for any loss , cost , expense , injury , accident, or damage
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including , but not limited to, delays or cance llation of services , cessation of operations ,
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acts of God , dangers incident to the sea , fires , acts of government or other author ities, wars , acts
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climatic aberrations , or from any other cause beyond BC D Trave l' s contro l. Please see
additional terms and condi tions related to this itinerary at Terms and Condition s.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000922
ED_ 001686C _ OOOO
1020-00006

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Strobel, Kristin
Tue 6/6/2017 7:05:25 PM
Request for Meeting-lSRI

Ryan,

It was a pleasure meeting you this past weekend at the celebration for "Fish." I didn't want to
talk shop at a social gathering, but did want to follow-up with you regarding some recent
conversations I have been having with my friend, Samantha Dravis, regarding our client, ISRI.
Please see the email exchange below for more background. I realize the dates of request have
passed, but we are happy to re-submit new times.

Long story short, our client is more than happy to meet with Samantha and/or other members of
your team, but we would love to have 3-5 minutes with Pruitt stopping in to say "hello." I know
this is a special request on our end, but any help would be appreciated. Please let me know if I
can provide more background to you or your team.

Thanks,

Kristin

Kristin Strobel
Director of State Affairs
BGR Government Affa irs, LLC

The Homer Building
Eleventh Floor South
601 Thirteenth Street, NW
Washington, DC 20005
Direct: (202) 661.6324
Fax: (202) 833-9392
kstrobel@bgrdc.com
www.bgrdc.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000923
ED_ 001686C _ OOOO
1024-00001

 From: Dravis, Samantha [mailto:dravis.samantha@epa.gov]
Sent: Monday, April 24, 2017 11:01 AM
To: Strobel, Kristin <KStrobel@bgrdc.com>
Subject: RE: Request for Meeting-ISRI

Hi Kristin,

I have sent this on to Administrator Pruitt's scheduling team, and I will follow up with them.

From: Strobel, Kristin [mailto:KStrobel@bgrdc.com ]
Sent: Monday, April 24, 2017 10:20 AM
To: Dravis, Samantha <dravis.samantha@epa.go_y>
Subject: Request for Meeting-ISRI
Importance: High

Sam,

Hope all is well. I just gave you a call, but your voicemail is full®. I know things are super busy
on your end, but please let me know if you have any updates on the request below.

Have a great Monday,

Kristin

Kristin Strobel
Director of State Affairs
BGR Government Affa irs, LLC

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000924
ED_ 001686C _ OOOO
1024-00002

 GR I
The Homer Building
Eleventh Floor South
601 Thirteenth Street, NW
Washington, DC 20005
Direct: (202) 661.6324
Fax: (202) 833-9392
kstrobel@bgrdc.com
www.bgrdc.com

From: Strobel, Kristin
Sent: Monday, April 17, 2017 2:57 PM
To: 'Dravis, Samantha' <dravis.samantha@cpa.gQY>
Cc: Monroe, Loren <Loren Monroc@BGRdc.com >
Subject: RE: Request for Meeting-ISRI
Importance: High

Thanks. Samantha.

The primary purpose of the meeting is to introduce the leadership of The Institute of
Scrap Recycling Industries, Inc. (/SRI) which represents approximately 1,300
companies in 21 chapters in the U.S. and 34 countries worldwide that process, broker
and consume scrap commodities, including metals, paper, plastics, glass, rubber,
electronics, and textiles. Generating more than $105 billion annually in U.S. economic
activity, the scrap recycling industry provides nearly half a million Americans with good
jobs.

The U.S. scrap recycling industry's significant contributions to environmental protection,
resource conservation, and sustainability are dependent upon government policies that
understand and recognize these benefits and that promote their growth. With the industry
recycling more than 130 million metric tons of commodity grade materials each year,
transforming outdated or obsolete products and materials into useful raw materials needed to
produce new products, recyclers offer real solutions for balancing economic growth and
environmental stewardship.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000925
ED_ 001686C _ OOOO
1024-00003

 Time permitting, potential topics for discussion include:

Recognize Scrap is Not Waste/Recyclables are Not Waste. Persistent misidentification of
recyclable materials as solid waste, and even hazardous waste, impedes recycling at the federal,
state, and local levels. Preserving the gains made by the industry that scrap is not waste under
Subtitle C of Resource Conservation and Recovery Act (RCRA) is critical for the industry.

Reform Citizen Suits Provisions in the Clean Water Act to Prevent Abuse. ISRI seeks
modifications to the citizen suit provisions of the Clean Water Act to prevent frivolous and
unfounded lawsuits. Over the years, we have witnessed increased abuse of Clean Water Act
citizen lawsuits filed for enrichment rather than as the Act original intended. Many organizations
have used publicly available databases to obtain information about regulated facilities and
threaten to sue them under the Clean Water Act simply to extract sizable financial "donations"
and "voluntary" actions from facilities not otherwise required by law to do so. These facilities
settle simply to avoid the costs of litigation, while the organizations then use settlement
donations to repeat the process on other facilities in a vicious cycle that was not intended by
Congress.

Clarify the Regulatory Uncertainty Surrounding Recycled Rubber: The lack of regulatory
clarity in the U.S. is causing significant loss of U.S. jobs, while untested imports replace recycled
rubber and add to U.S. landfills. EPA acknowledged in 2008 that the Agency did not see any
health concerns based on studies already conducted. There is a vast body of science since then
that should allow EPA to re-affirm their 2008 conclusion while supporting the long-term studies
undertaken by California OEHHA.

Based on anecdotal claims suggesting a possible link between cancer and playing on athletic
fields with recycled rubber infill, President Obama ordered a multi-agency Federal study. The
federal study was to last one year and industry has cooperated with EPA. However, after 11
months of data collection, EPA has now determined that it needs another two years to complete
its work and has asked to extend its study into 2019 to collect more data. As a result of the
extended uncertainly, the industry is seeing significant economic and job loss in the industry
and, ironically, the use of materials that have other adverse health and environmental impacts.

Support Continuation of a National Mercury Switch Program with Incentives. With the
National Vehicle Mercury Switch Recovery Program (NVMSRP) slated to end this year, ISRI
encourages consideration of reinstating switch payments and the exploration of available

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000926
ED_ 001686C _ OOOO
1024-00004

 avenues to keep the program operational into 2018 and beyond. The program's viability is
dependent on a number of factors, including EPA's continued participation and whether
continuation of the program would carry the same indemnifications that vehicle dismantlers,
scrap processors, and others receive for participating in the current program.

If you need additional information or background, please feel free to call or email me.

Thank you,

Kristin

Kristin Strobel
Director of State Affairs
BGR Govern ment Affa irs, LLC

BGR.l
The Homer Building
Eleventh Floor South
601 Thirteenth Street, NW
Washington, DC 20005
Direct: (202) 661.6324
Fax: (202) 833-9392
kstrobel@bgrdc.com
www.bgrdc.com

From: Dravis, Samantha [mailto:dravis.samantha @epa.go yJ
Sent: Monday, April 17, 2017 8 :51 AM
To: Strobel, Kristin
Cc: Monroe, Loren <Loren Monroc@BGRdc.com >
Subject: RE: Request for Meeting-ISRI

Thanks Kristin. What would be the subject of the meeting?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000927
ED_ 001686C _ OOOO
1024-00005

 From: Strobel, Kristin [mailto:KStrobel@bgrdc.com ]
Sent: Monday, April 17, 2017 7:47 AM
To: Dravis, Samantha <dravis.samantha@cpa.gov >
Cc: Monroe, Loren <Loren Monroe@BGRdc.com >
Subject: Request for Meeting-ISRI
Importance: High

Samantha,

I hope you had a wonderful Easter weekend with your family.

Per our conversation last week, I would like to formally request a meeting with Administrator
Pruitt and our client, the Institute of Scrap Recycling Industries (ISRI).

The meeting will include:
•
•
•
•
•

Robin Weiner (ISRI)
Mark Reiter (ISRI)
Billy Johnson (ISRI)
Loren Monroe (BGR Group)
Kristin Strobel (BGR Group)

If possible, we would request the meeting dates of May 10th, 11th or 12th ( specific times are
whatever works best for the Administrator).

Please let me know if you need additional background information or details for the meeting.

Thank you for your assistance,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000928
ED_ 001686C _ OOOO
1024-00006

 Kristin

Kristin Strobel
Director of State Affairs
BGR Government Affairs, LLC

The Homer Building
Eleventh Floor South
601 Thirteenth Street, NW
Washington, DC 20005
Direct: (202) 661.6324
Fax: (202) 833-9392
kstrobel@bgrdc.com
www.bgrdc.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000929
ED_ 001686C _ OOOO
1024-00007

 Jackson, RyanUackson.ryan@epa.gov]; Greenwalt, Sarah[greenwalt.sarah@epa.gov];
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Cc:
crichter@thepolicygroup.com[crichter@thepolicygroup.com]; Paul
Bredwell[pbredwell@uspou ltry .org]
From:
Michael Formica
Sent:
Fri 6/2/2017 4:10:39 PM
Subject: Livestock Air Emission Reporting
NASTTPO letter on release reporting 060117-2.pdf
A TT0000 1.txt
To:

Ryan, Sarah, Mandy
I wanted to thank you again for your efforts to help address the recent air emission reporting issues facing
livestock agriculture and provide a quick update on two items.
First, through the efforts of Christian Richter who represents the US Poultry and Egg Association here in
DC, our coalition had been able to engage significantly with representatives of the National Association of
SARA Title Ill Program Officials (NASTTPO), the organization which represents the state and local
emergency response authorities who will be receiving the bulk of these reports.
Through these efforts, which we discussed with Sarah and Mandy when we met last month, NASTTPO's
President Tim Gablehouse has provided us with the attached letter to Administrator Pruitt that lays out
NASTTPO's evolved understanding on the usefulness of livestock air emission reporting from where they
stood back in 2008 when the Bush Administration originally crafted the CERCLA reporting exemption that
was at issue in the D.C. Circuit decision. Christian had indicated to Mr Gablehouse that we would pass
the letter along to Administrator Pruitt on his behalf, which we are now doing by way of this email.
Second, I wanted to let you know that NPPC and US Poultry & Egg Association will be filing a motion with
the D.C. Circuit this afternoon requesting a rehearing of the underlying case.
Thanks again for your attention to this matter. As always, if you have any questions please don't hesitate
to contact me.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000930
ED_ 001686C _ 0000 1027-00001

 Michael C. Formica
National Pork Producers Council
i

!

! Ex. 6 - Personal Privacy

i

t·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!

Sent from my SwinePhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000931
ED_ 001686C _ OOOO
1028-00001

 National Association of SARA Title III
Program Officials
Concerned with the Emergency Planning and Community Rightto-Know Act

June 1, 2017
The Honorable Scott Pruitt
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Mail Code: 1101A
Washington, DC 20460
Re:

CAFOs and Emergency Release Reporting

Dear Admnistrator Pruitt:
I am writing on be half of the National Association of SARA Title III Pro gram Officials
(NASTTPO1 whi:h is made up of members and staff of State Emergency Response
Commi;sions (SER Cs), Tnbal Emergency Response Commi;sions (TERCS), Local
Emergency Planning Co mmttees (LEPCs), various federal, state and local agencies,
private industry and the vast number of vohnteers that perform emergency planning and
emergency response activities for their co mmunites. Our membership is dedicated to
working together w ith re guhted facilities, transportation e ntities a nd communities at
large to improve co mmmity preparedness for emergency events induling hazardrus
materials re leases.
NASTTPO over the past several years has had the opportunity to work with various
iulustry groups one mergency preparedness related ruemaking pro grams at EPA. These
experiences have taught us that the most inportant thing to LEPCs and first responders is
not detaied regulatory requirements for a :facility's relationship to these grrups, but
rather the sinple act of open dialog and coordination. Folbwing the DC Circu:t dee ision
in Waterkeeper Al Hancev EPA, we have had meaningful an d encouraging discus sons
with the U.S. Poultry and Egg Association along these lines. NASTTPO believes that
open dialog and coordinaton can be more effective than release reporting for :farmsthat
do not handle quantities of EPCRA EHS chenicals but are nevertheless expected to
report regarding animal manure management.
We have had experience with EPCRA emergency release reports as well as CERCLA
continuous release reports from :farmsprimarily regarding ammonia from anirml
manure management. These reports are of no particular vahe to LEPCs and frst
responders and they are generally ignored because they do not relate to any particu lar
event. (This should be contrasted to the few :farmsthat utilize gas chlorine for water
treatment where emergency release reports are useful because they are event speci fie.)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000932
ED_ 001686C _ OOOO
1029-00001

 June 1, 2017

2

LEPCs and first respondeJSdo not need more generic data. They need information that is
locally relevant and upon which they can act. This goal is best obtained by a program
that promotes coordinafon between the regulated facilities and these local groups.
Recent discussions suggest that such a program involving farms may be achievable.
We are in favor of reducing regulatory burdens if coordination on the information needs
of LEPCs and first responders occurs. The information we want from farms is
communityspecific. Only the LEPC and local first responders can determine what
information they need from a farm as part of their emergency planning process. What we
really need is coordination between the farm and local responders and LEPCs. We want
them to talk to each other.

a~
Th~

President
410 17th St, Ste 275
Denver CO 80202
(303) 572-0050

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000933
ED_ 001686C _ OOOO
1029-00002

 From:

Jackson, RyanUackson.ryan@epa.gov]
M ichae I Catan za ror·-·-·-·-·-·-·-·Ex~·f
~-P-erson·a1°Fii-"ivacy-·-·-·-·-·-·-·-·:
Marc Hi mme lste in '-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-

Sent:
Subject:

Tue 6/6/2017 6:01:16 PM
Uinta Basin

To:
Cc:

We need your help.
The Uinta Basin in Northeast Utah (Rob Bishop's district) is going to be listed as an ozone non-attainment
area later this year. It is a prolific oil and gas producing area that encompasses state, tribal and federal
lands. The ozone issues are complicated-winter not summer time issues. The area has been studied by
Utah State University funded by the state, EPA and industry-no obvious solutions have been identified,
though Region 8 puts much of the blame on industry. The Governor has for years challenged the Region
to demonstrate a cause and affect. Mike can certainly describe for you his wars with the Region staff.
The state,tribes and industry are trying to find solutions but the Obama Administration exacerbated the
the problems when it issued it's Federal Implementation Plan for True Minor Sources on Indian Country
last June.In spite of numerous comments urging the inclusion of a traditional streamlined permitting
approach for new minor sources in non-attainment areas, they not only refused but added language
making such permits more difficult. We are left with a cumbersome site specific permit process which
Regional staff has said they are not staffed to do. Additionally, they have interpreted the words in the FIP
"cause or contribute" to mean no new permits for sources that have any emissions. This is true even
though production is in a decline and no new drilling has occurred-though several companies have
proposed to drill new wells this fall, if permits were forthcoming. This virtual zero new permit approach will
have devastating impacts on the tribes and the local communities.
We have several ideas which we would like to discuss with you and your staff. We believe that we would
have support from the Governor and the tribes as well.
We ask for time to meet with you and your staff to discuss these ideas. I will bring several companies
including Newfield and QEP
Appreciate your help
Marc
Sent from my iPad

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000934
1033-00001
ED_ 001686C _ OOOO

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Geoffrey Moody
Tue 6/6/2017 5:55:55 PM
AFPM meeting

Ryan, do you have 5 minutes to talk this afternoon about next week's meeting?

Thanks,

Geoff Moody
Vice President
Government Relations

Ame rican
Fue l

Petrochem ica l

Manufacturers
1667 K Street
Suite 700
20006
202457 0480

office

202.552.8489

direct

202457 0486

fax

Learn more about

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000935
ED_ 001686C _ OOOO
1040-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
INFO SGI
Fri 6/2/2017 3:02:34 PM
3rd Quarter

Good Morning Ryan,

I contacted you about a month ago to introduce you to Salmon Group, Inc. With the third
quarter of the fiscal year up on us, I would like to take the time to remind you of Salmon
Group, lnc.'s qualifications and the services we provide.
We are a SBA 8 (a) Certified, Service Disabled Veteran owned company with over 24
years of experience. We are also GSA Schedule 70 holders with a Top-Secret
Clearance.
We provide customized, consultative solutions and qualified individuals to suit a variety
of Program/Project Management, Acquisition Support, Financial Management, Call
Center Support, IT Support, Copier/Computer Maintenance and Sales, Research &
Development, and Administrative Support needs. The individuals who form our
executive management team have over 40 years of combined experience managing
contract initiatives.
I have included a copy of our corporate overview with hopes of scheduling an
appointment with you to further discuss how Salmon Group, Inc. can help you integrate
a variety of functions to create effective customized solutions in a cost-efficient manner.
I hope to hear from you soon.

Respectfully,
Keith Salmon
Email: Kcith@Salmongroupinc .com
Web: www .salmongroupinc .com
Phone: (240) 461-4458

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000936
ED_001686C_00001041-00001

 To:

From:
Sent:
Subject:

Myron Ebell[Myron.Ebell@cei.org]
Myron Ebell
Mon 6/5/2017 4:41 :55 PM
Cooler Heads Coalition reminder: next meeting 12th June at 3 PM at CEI

The next meeting of the Cooler Heads Coalition will be on Monday, 12th
June, beginning at 3 PM at CEI, 1310 L Street, N. W., Seventh Floor.

For those of you who missed it, here is Holman Jenkins's column from
Saturday's WSJ.

• Opinio n
• Business World

Trump Skips Climate Church
Paris exists to provide an imprimatur to what
politicians would do anyway.
Opinion Journal: The Paris Climate Con
Opinion Journal Video: Business World Columnist Holman Jenkins Jr. on why the pact
is mainly about subsidies, not environmental progress. Photo credit: Getty Images.

By Holman W. Jenkins, Jr.

Updated June 2, 2017 6:47 p.m. ET

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000937
ED_ 001686C _ OOOO
1046-00001

 932 COMMENTS
The business case for the Paris agreement has nothing to do with climate change. It
goes like this: It is better to be part of any confab than outside of it. Like saluting the flag
or bowing your head in church, there is no cost to being insincere, but there is a cost to
not going along.
Let us understand something: 195 countries will not be dragged kicking and screaming
to sign any agreement that imposes a cost on them. Such deals exist only because they
provide an international imprimatur to what politicians were going to do anyway.
The oil countries like Saudi Arabia and Norway signed. They plan to keep producing oil.
India and China plan to grow energy consumption until it is similar to the per capita
consumption of the developed countries, at which point it will level off.
The U.S. and Europe intend to keep subsidizing green energy as long as domestic
voters give them permission to do so, because the whole point of being in office is to
redirect resources to interest groups best able to reward politicians for doling out the
goodies.
The Paris countries agreed to meet certain emissions targets, and claimed an intent to
hold a planetary temperature increase to less than 2 degrees Celsius.
Not only are the emission targets unenforceable, they have no intelligible relation to the
temperature goal according to the very iffy science. By the shot-in-the-dark estimates of
the Intergovernmental Panel on Climate Change, it's even possible the rest of the
century will bring little warming anyway.
And that's good. Because the unenforceable cuts agreed to in Paris would be a
rounding error even if carried out.
In the 30 years since global warming became a daily concern of the newspapers, one
lesson has been reliably demonstrated for policy participants: There is no appetite in the
body politic for the kinds of energy taxes and prohibitions needed to make a meaningful
change in atmospheric CO 2 .
We won't dwell on the media hysteria since the Trump decision, or why many of you,
dear readers, in defiance of your own reason, will participate in the hysteria even when
you know better. Human beings are social animals. When a mob is forming, we
experience high anxiety if we're not part of it.
Agreements like Paris arguably aim at the wrong target anyway. Only when technology
can meet mankind's energy demand at competitive cost will low-carbon energy prevail.
Governments would be wise to invest in basic energy research rather than throwing
money at energy technologies that are viable only as long as the subsidies keep
flowing. But the latter is what brings in the political bacon.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000938
ED_ 001686C _ OOOO
1046-00002

 Oh well. Hypocrisy is the universal solvent of social relations. This also explains the
other big climate story of the day, which reporters have given themselves hypoxia trying
to inflate the significance of. We're referring to the vote by 62% of Exxon shareholders,
led by giant funds Vanguard, Fidelity and BlackRock, to ask the company to explain how
the Paris temperature target would affect its business.
For 30 years there has been push-and-pull in politics over climate change. During every
nanosecond of that time, at least while markets were open, investors were repricing
energy shares in light of the possibility of climate change legislation.
Exxon has nothing new or useful to tell investors in this regard. Would a carbon tax be
good for bad for the company? It would accelerate the displacement of coal by natural
gas, which Exxon produces. Is an electric-car battery in the offing that would go 300
miles and be rechargeable in a five-minute stop at a charging station? Probably not. In
which case, even a sizable carbon tax would be unlikely to make much dent in the 8%
of global emissions caused by passenger cars. Americans bought 143 billion gallons of
gas last year when the price was $2.25; they bought 133 billion gallons in 2012 when
the price was $3.64.
"Our patience is not infinite," huffed a statement by BlackRock, the $5.4 trillion Wall
Street fund, as it voted for Exxon's climate penance.
This gesture, of surpassing meaninglessness, is a case of one prominent institution
trying to buff up its reputation for church attendance at the expense of another.
And yet, regardless of Mr. Trump's Paris decision, only one large national economy has
been reporting sizable emissions declines, thanks to fracking. The same economy may
soon also be able to take credit for slowing China's prodigious emissions growth thanks
to natural gas exports to displace Chinese coal. That country is the U.S. under the
unthinkable monster Donald Trump. Whatever evolution toward a lower-carbon energy
system takes place in the future, it will also certainly be driven overwhelmingly by
technology and markets, not policy.
Appeared in the June 3, 2017, print edition. https://www .wsi.com/articles/trump-skipsclimate-church-1496431295?tesla=y

Myron Ebell
Director, Center for Energy and Environment
Competitive Enterprise Institute
1310 L Street, N. W., Seventh Floor

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000939
ED_ 001686C _ OOOO
1046-00003

 Washington, DC 20005, USA
Tel direct: (202) 331-2256
Tel mobile:! Ex. 6 - Personal

Privacy

i

i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!

E-mail: Myron .Ebell@ceLorg

Stop continental drift!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000940
ED_ 001686C _ OOOO
1046-00004

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Doug Ericksen
Tue 6/6/2017 5:16:55 PM
Sen. Ericksen Fwd: air permit delegation from EPA

Ryan,
I received this email from our Energy Facility Site Evaluation Committee (EFSEC) regarding
EPA delegating approval to issue air permits. Bill Lynch is the Director of EFSEC.
Of interest is the last line of the first paragraph. How can region IO have 600+ employees and
not enough manpower to issue a permit in a timely fashion?
Hope all is well in DC. Saw the Administrator on Fox News last night and thought he did a good
job.
Doug Ericksen

From: Lynch, Bill (UTC) [mailto:bilynch@utc.wa.gov ]
Sent: Tuesday, June 6, 2017 9:33 AM
To: Ericksen, Sen. Doug <Doug.Ericksen@leg.wa.gov >
Subject: air permit delegation from EPA

Hi Senator Ericksen.
I believe you have seen a copy of the press release we issued yesterday about getting
EPA approval to issue air permits. I just wanted to send a
note to say thank you for being the prime sponsor of SB 5310, which passed during a
special session in 2015. That bill updated
EFSEC's enforcement authority, which was needed before EPA could delegate air
permitting authority to us. Now that EPA has delegated us this
authority by approving our state implementation plan (SIP), it means Grays Harbor Energy
can get an air permit they have been waiting on from
EPA for about 8 years. We expect that they will get a request for the air permit later in the
summer or in early fall. It shouldn't take longer than a
few months to turn it around. Other projects that come in the door in the future will also
benefit from not having EPA issue the permits. EPA
just doesn't have permit writers available.
We continue to make progress on all our other fronts.
Hope your summer is going well.
Bill

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000941
ED_ 001686C _ OOOO
1048-00001

 Jackson, RyanUackson.ryan@epa.gov]
Dimitri.Karakitsos@hklaw.com
Sent:
Fri 6/2/2017 2:19:02 PM
Subject: Mark Vergnano Letters to President Trump and EPA Administrator Scott Pruitt
MPV Letter to President Trump (June 1, 2017).pdf
MPV Letter to Pruitt EPA (May 31. 2017).pdf
To:

From:

Ryan,
Wanted to make sure you had copies of both these letters .
Happy Friday!

NOTE: This e-mail is from a law firm, Holland & Knight LLP ("H&K"), and is intended solely for the use of
the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the
sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If
you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it
contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it
to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of
H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work
product privilege that may be available to protect confidentiality.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000942
ED_ 001686C _ OOOO
1049-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
DWSschnare
Sat 6/10/2017 12:07:56 AM
Re: POSTPONED: EPA Scientific Integrity Stakeholder Meeting

Thanks. Helps.
d
Sent from my iPad
On Jun 9, 2017, at 6:59 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:

Grifo is sick and has been for weeks. We have industry, ngo right and left, and state rsvps.
We'll reschedule. It doesn't look bad and people can think whatever they want.

Ryan Jackson
Chief of Staff
U.S. EPA
l_Ex. 6 _-_PersonalPrivacy

!

On Jun 9, 2017, at 2:32 PM, DWSschnare t._Ex._6_-_Personal_Privacy
_[ wrote:

This looks very ugly. I don't care to discuss further through email. We might chat very
briefly.
d

From: Scientific Integrity <Scie ntific Integrity@epa.gov>
Date: June 9, 2017 at 2:02:00 PM EDT
Subject: POSTPONED: EPA Scientific Integrity Stakeholder Meeting

Sent on behalf of Francesca T. Grifo, EPA Scientific Integrity Official

Dear All,

The EPA Scientific Integrity Annual Stakeholder Meeting that was scheduled
for June 14, 2017, has been postponed. Dr. Grifo is unable to host the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000943
ED_ 001686C _ OOOO
1053-00001

 meeting as scheduled. The stakeholder meeting will be rescheduled as soon
as possible. Once we have a new date, we will send an invitation to you for
the rescheduled meeting.

Thank you for your interest in EPA 's Scientific Integrity Program.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000944
ED_ 001686C _ OOOO
1053-00002

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Tue 6/6/2017 5:16:43 PM
Subject: Travel Receipt for JACKSON/RYANT Travel date 07Jun
Travel Receipt Communication Attachment - M2PZWQ - June 7 2017.PDF

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.
To view your trip via Viewtrip, please click here

Printer Friendly

Total Amount: 1,333.10 USD
This ticket information applies to the following trip(s):
Emirates Flight 205 from Milan to New York NY on June 11
Electronic Ticket Number:
"t·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
Invoice Number: 000168610
Ticket Amount: 1,116.66 USD
Form of Payment: CA ************5946
PersonalSecuntyEx.6;

Ex. 7C; Ex. 7E; Ex. 7F

j

Service Fee Number: 8900693781334
Service Fee Amount: 53.24 USD
Form of Payment: CA ************5946

This ticket information applies to the following trip(s):

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000945
ED_001686C _00001057-00001

 r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

Jetblue Flightf°-·-·-·-·-·1
fromi

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

1-·-·-·-·-·-'

!on June 11

ElectronicTicket Number:
Invoice Number: 000168611
Ticket Amount: 163 .20 USD
Form of Payment: CA ************5946
l_PocsoaalS,ml<yE,.6E,7CE,7EE,7F.1

Traveler
JACKSON I RY AN T

Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

06/ 07 /20 }i.Personal Security Ex. 6;_Ex. 7C; Ex. 7E; Ex. 7F
iFCOj .....,.... · ·· · :
06/07 /20 l j
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Status

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Confirmeq
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Confirme(li

06/ I l /20 l•-•-•-•-•-•-•-•-•!
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~conomy / Y
~conomy / X

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!Economy / y

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06/ 11/20 l!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

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~conomy / Y
i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
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Add to Cal end ar Need Help?

Delta Air Lines Fiioh[-- · · · ·

! Economy

Online check-in

Depart:

Arrive:

Duration
Status:
Eq11ioment
' Operated By
Seat:
D1sta rce:

i hour( s) and 17 minute(s) Non-stop
Confirrned Delta Air Unes Record Locator : !_··••o~ ,00¥"""
Canada ir Regional .kot 900
Endeavor Air Oba Delta Connection
10D (Non srr.ok!ng. Window) C0Pf1rmed
2 12 miles/ 34110El kiiometerr,

'' '" '" ' "

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000946
ED_ 001686C _ OOOO
1057-00002

 CO2 Ernissions:
Remarks:

NO FREClUENT FLYER IN YOUR PROf=iLE FOR. CARRIER BOOKED
FCR UP T() DATE TRAVEL :NFORMATION ON A!F<LINE
CHECl<-iN/RESTR:CT!ONS/LIMITA TIONS/SECURiTY.
PLEASE CH ECK \W'v'\IVDELTA COM

Online check-in

Delta Air Lines FlighL-···.···:Economy
Depart:
[._Personal Security Ex ..6; Ex. 7C; .Ex. 7E;.Ex. 7FJ

Arrive:

Fiumicino, Terminal 3
,RQme.,_iiQly
L::.:::.::::·::_j
Thursday, June 8 2017

Duration:
Total duration:
Status:

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layove!'(sL_._·-·-·-·
Confirmed - Delta Air Lines Record Locator:l """"'""""""'"''"''"'I

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles/ 6859.167 kilometers
1,594.36 lbs/724.71 kgs

Remarks:

SEAT ASSIGNMENT CONFIRMED:38B
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED

Add to Calendar

Emirates Flig1L::::_:_.·_.·_Jconorny
Depart:

Amve :

Online check-in

Malpensa. Terrn;nai i
Milan. ltalv
l......
.,.... · ..·]Sunday Jun e 11 2017

'i'
.
'
! Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i!
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i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

Duration:
Status:

Need Help?

i

8 hour(s) and 50 minute/s) Non-stop ··-·-·-·-·-·-·-·-·Confirrned Emirates Reco rd Locator: (-·•~•00¥""'" ·'·" ·'·"•·!
0

i-·-·-·-·-·-·-·-·-j

Mea!:
Equiprnent
Seat
Distance:
CO2 Ernissions:

Mr;,ai
Ai rbus lndustrie A380-800 Pass enge r
Assigned at Check-in
3982 miles/ 640 7 038 kIiometers
1.489.27 lbs/6 76.94 kgs

Remarks:

NO FREO UENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED
FCR UP TO DAT E TRAVEL INFO RMAT :ON ON AIF<LINE
CHECK -IN/RE STRICT !ONS/LIMiTA T;ONS/SECU RiTY .
Pl.EASE CH ECK \WWV.EMIRATES.COM

Jetblue Flig1. ·-· ..- · .··· _!Economy

Online check-in

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000947
ED_ 001686C _ OOOO
1057-00003

 Depart:
Arrive:

i
i
i
i

i

i
i
i
i

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

'i
i
i

Duration:
Total duration:
Status:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

i

'i
i
i

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

1 hour(s) and 27 minute(s) Non-stop
13 hour(s) and 12 minute(s) including layover(s)
Confirmed - Jetblue Record Locaton .......,.,,.,,, ,,,,....]
Embraer 190
'-·-·-·-·-·-·-·-·-·"

10C (Non smoking , Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NO FREQUENT FLYER IN YOUR PROFILE FOR CARRIER BOOKED
FOR UP TO DATE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.JETBLUE.COM

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
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DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
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PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
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RECONFIRM INTERNATIONAL FLIGHTS 72HRS PRIOR TO TRAVEL
CHECK IN 2 1/2 HOURS PRIOR FOR INTERNATIONAL TRAVEL
A PASSPORT VALID 6 MONTHS BEYOND INTENDED STAY
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ADVISED OF DOCUMENT REQUIREMENTS FOR THIS ITINERARY
CHECK WWW.CDC.GOV/TRAVEL FOR TRAVEL HEAL TH ADVISORIES
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ARRIVAL COUNTRY
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CONTACT THE DESIGNATED GOVERNMENT AGENCY IN YOUR
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TRAVEL INTO U.S. MAY REQUIRE ESTA AUTHORIZATION.
VISIT HTTPS://ESTA.CBP.DHS.GOV FOR DETAILS.
CHECK-IN TIMES ARE 90 MINUTES PRIOR TO DEPARTURE
FOR DOMESTIC FLIGHTS OR 120 MINUTES FOR INTERNATIONAL
ELECTRONIC TICKET/SI WILL BE ISSUED FOR THIS TRIP
AIRPORT FEES MAY BE COLLECTED UPON ARRIVAL
OR DEPARTURE.
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JETBLUE TICKETS ARE NOT ACCEPTED BY OTHER AIRLINES
DESTINATION. FOR THE LATEST INFORMATION PLEASE CHECK

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000948
ED_ 001686C _ OOOO
1057 -00004

 06Jun/12: 16PM
TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport , VISA, etc.) and security
requirements regarding permitted and prohibited articles and goods related to your travel.

Air

Car

Hotel

Rail

Other

Fare information

Refund restrictions
before departure

Change restrictions
after ticketing

Ticket information

REFUND
RESTRICTIONS MAY
APPLY

CHANGE
RESTRICTIONS MAY
APPLY

REFUND
RESTRICTIONS MAY
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CHANGE
RESTRICTIONS MAY
APPLY

1,279.86 USD

Vendor
Air

i
i

!
!. Per1 on a l Secur ity E<. S:E<. 7C:E<. 7E: E<. 7F

Total:
USD 1,116.66

0

i
j

. Air ·-·-·-·-·-·-·-·-·-·-··
i
Pers on a l Secur ity E<. S:E<. 7C:E<. 7E: E<. 7F

j

Total:
USD 163.20

i ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

All quotes are provider quotes excluding possible taxes and charges en route. Currency conversions shown in
this itinerary receipt are done using the bank rate applicable at the date shown in the header of this document. Please note that
some local taxes and charges may be invoiced during your trip and cannot be shown at time of reservation.

Advice to Passengers
Transportation of Hazardons Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in 5 years
imprisonment and penalties of$250,000 or more (49 U.S.C 5124). Hazardous materials include explosives, compressed gases, flammable liquids
and solids, oxidizers, poisons, corrosives and radioactive materials.
Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further
information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggage. If your
carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.

Email generated on 06Jun/ 5: 16 PM UTC

BCD J'nl\·el acts only as an agen t for the air line s. hold s. bus companies. rai lroads. tour open,tors. crui,e lines. rnr rental companies. and other
simi lar third parties provitli ng accornrno dation s. transportatw n . or other meeting mid tnn el related se1Y1ces (-'Sup p liers"). Suppliers are
indepen dent and do not ac t for or on beha lf o f BCD I rn,·e! . are not empl oy ees of BCD rra,·el. and do not lrn,·e a j o int ,·en ture or partnersh ip with
BCD rrnYel. Suppl ier s h,n e the1r O\\ n terms and cond ition s for the sernc es I hey prov ide. and you agr ee to abide hy the term s an d condit10ns sel
forth many m11.lall do cuments for any such Supp lier sen ice, . incl uding. with out limiiu tion. all cance llati on fees . B). util i/ing the sen1ces
represent ed by this itinernry. you agree to the forego ing antl also agree tha t netth e1 BCD rnn el or ils parent. afli liales. subs idiaries par tners.
agents. and thell" respeclive office rs. directors. empl oyees. and rep resenta ti,·es shall he or hecome liable for any loss. cost. expense. injur y.
acci dent. or damage to per son or prop erty resultmg dtrect ly or indirect ly from (i) the acts or om1>sio11sof Supplie rs. inclu d mg. but not limit ed to.
delays or cancell ation of services cessa tion of operat ions, br eakdown in machinery or equipmen t, or changes in fares itine raries, or sChedUles:
and or (ii) acb o Uiod . da ngers i11cident to the sea. tire ,. acts of go,·e rmnent or other author ities. wars. ads ofterron,rn . ci vil unres t, stnkes. no 1s.
thelis. pilferage . epidemics. quarant in es. other disea,es. clima tic aherral ions. or from any othe r caus e hey ond BCD J'ra,·d' s control. l'lea,e see
addil ional Ienn, and con d i1io ns rela ted to thi, ilinernry at Terms and Conditions.
1,

1,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000949
ED_ 001686C _ OOOO
1057-00005

 TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline and
are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

To view your trip via Viewtrip, please click

here

Printer Friendly

Emirates Flighr·-·l

from Milan to!--=~~;
:::: ·: .-: ·:~-~-~=--!
on June 11

L--•-•-"

1--·-·-·-·-·-·-·-·-·-·-)
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
Electronic Ticket Number: L_Personal Security Ex._s;_Ex.7C; Ex. 7E; Ex. 7F __j

Invoice Number: 000168610
icket Amount: 1,116.66 USO
Form of Payment: CA************5946
Service Fee Number: 8900693781334
Service Fee Amount: 53.24 USO
Form of Payment: CA************5946

his ticket information applies to the following trip(s):
etblue Fligh1

ifrom i

·-·-·-·-·-··

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F :on June 11
'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Electronic Ticket Number:L_ ''"""'"""';'"·."'"·"'"·"'"·".
Invoice Number: 000168611
icketAmount: 163.20 USO
Form of Payment: CA************5946

i

Travel Summary - Agency Record Locator

TAA04FNW

06/11/2017
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Confirmed
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.;,;
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_____________________________________
_,_____________

____.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000950
ED_ 001686C _ OOOO
1058-00001

 AIR - Wednesday, June 7 2017 - Agency Record Locator

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

•

I

a

~

a

1 hour(s) and 17 minute(s) Non-stop
Confirmed - Delta Air Lines Record Locator: .............., ., .....:
j_·-·-·-·-·-·-·-·-·-j
Canadair Regional Jet 900
Endeavor Air Dba Delta Connection
10D (Non smoking, Window) Confirmed
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs
NO FREQUENlFL YERI N YOURPROFI LB=ORCARRIER3OOKED
FORUPTODATETRAVEUNFORMATIOf'(l)NAIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASECHECK\/W\tW.DEL TA.COM

I

Remarks:

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Fiumicino,Terminal3
,.RomeJtaly
! ... . • • ·• ! Thursday, June 8 2017
8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locatorl "'"'"'"""'" "' " ' " """ i
i.·-·-·-·-·-·-·-·-·-·-·-·-·
Dinner
Airbus lndustrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEAT ASSIGNMEN"CONFI RMED:38B
NO FREQUENlFL YERI NYOURPROFI LB=ORCARRIER3OOKED

Remarks:

AIR- Sunday, June 11 2017 -Agency Record Locator
Malpensa, Terminal1
Milan, Italy
! ........... .. · ·· · !Sunday, June 11 2017
!
!

!!

i
i

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

!

'·-·-·-·-·-·-·-·-·-·-·-·-·-·~-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

Remarks:

!i
i

8 hour(s) and 50 minute(s) Non-stop
Confirmed - Emirates Record Locator.~"'""" """ ' ''" "'"" '"" :
i-·-·-·-·-·-·-·-·-·-·-·-·-·-j
Meal
Airbus lndustrie A380-800 Passenger
Assigned at Check-in
3982 miles / 6407 .038 kilometers
1,489.27 lbs/676.94 kgs
NO FREQUENlFL YERI N YOURPROFI LB=ORCARRIER3OOKED
FORUPTODATETRAVEUNFORMATIOf'(l)NAIRLINE
CHECK-IN/RESTRICTIONS/LI MITATIONS/SECURITY.
PLEASECHECK\/W\tW.EMI RATES. COM

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000951
ED_ 001686C _ OOOO
1058-00002

 Arrive:

----------

Duration:
Total duration:
tatus:
Equipment:
eat:
02 Emissions:
Remarks:

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

-------------------t

1 hour(s) and 27 minute(s) Non-stop
13 hour(s) and 12 minute(s) including layover(s)
Confirmed - Jetblue Record Locatorl '""""'"""
"" "'' "" '"' '"" I
Embraer 190
10C (Non smoking, Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
NOFREQUENlFL YERINYOURPROFILS:::ORCARRIER3OOKED
FORUPTODATETRAVEUNFORMATIO!'©NAIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASECHECKV\NWV.JETBLUE.COM

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000952
ED_ 001686C _ OOOO
1058-00003

 Remarks
FOR 24/7TRAVELASSIST ANCEPLEASECONT ACT
HE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDETHE US CALLCOLLECT770-829-2609
FORTHEHEARINGMPAIREDPLEASEDIAL711
0 ACCESSRELA YSERVICE.PROVI Ds=>HONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENTCHANGES NTHEFY15GOVERNMEN"CITYPAI R
PROGRAM/CPFVOURAIRRESERVATION~RESUBJECTTO
CANCELLATI OtilYTHEAI RLI NESF NOTTICKETED\ T LEAST
8 HOURSPRIORTOSCHEDULECDEPARTURE
PLEASEENSUREALLNECESSARYAPPROVALS\REPROCESSEDN
CCORDANCEWITHYOURAGENCYSBUSINESffiULESBUTNOLESS
HAN3 BUSI NESSJA YSPRI ORTO DEPARTURB"OENSURETICKETI NG.
HI S48 HOURCANCELLATI ONRULEDOESNOT APPL YTO
I NTERNATIONAHESERVATION~NLESSt'OURTRIPHAS
DOMESTIC
CONNECTIONs.)NMORETHANONEAIRLINEDRTHESE
RESERVATIONREQUIREEEPARATEAIRTICKETS.
RECONFI RMNTERNATI ONAELIGHTS72HRSPRIORTO TRAVEL
CHECKIN21/2HOURSPRIORFORINTERNATIONAirRAVEL
PASSPORlV ALI 06 MONTHSBEYONDI NTENDED3T A Y
IS REQUI RECFORTHISITINERARY
DVISEOOF DOCUMENlREQUI REMENTSORTHI SIT! NE RARY
CHEC'r0JI.NNV.CDC.GOV /TRAVBEORTRAVELHEAL THAD VI SOR! ES
PROPERDOCUMENTATIOM> REQUI RECFORENTRYl NTO
RRIVALCOUNTRY
CHECKWWW.DHS.GOV/TRAVEL-ALERTS
FOR COUNTRYTRAVELADVI SOR! ES
CONT ACTTHEDESI GNATEIEOVERNMENlZ\GENCYl NY OUR
COUNTRYOFCITIZENSHlffl"ORPASSPORTNIS.REQUIREMENTS.
RAVELINTOU.S.MAYREQUIREESTMUTHORIZATION.
ISITHTTPS://ESTA.CBP.DHS.G~RDET
AILS.
CHECK-I NrlMESA.RE90 Ml NUTEs=>RIORTO DEPARTURE
FOR DOMESTICFLIGHTS)R 120MI NUTEs=ORI NTERNATIONAL
ELECTRONIITICKET/SWILLBE ISSUECFORTHISTRIP
IRPORTFEESMAYBE COLLECTEQJPONARRIVAL
CHECKEDBAGGAGEPOLI CIES\/ ARYBASEDON CARRIE RAND Fl NAL
ITHYOURTRAVELCONSUL TANTIRTHEAIRLINESNEBSITE.
PLEASEPROVI D6.JETBLU8\I RWA Ys=REQUENlFL YERNBRATTI MEOF CHECK! N
ETBLUETICKETS\RE NOT ACCEPTECBY OTHERAI RLI NES
DESTI NATIOf\F.ORTHELATESll NFORMATIOfR>LEASECHECK

06Jun/12:16PM
TRAVELER NOTICE - Please check with your carrier(s) for travel documents required (Passport, VISA, etc.) and security requireme1
regarding permitted and prohibited articles and goods related to your travel.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000953
ED_001686C _ OOOO
1058-00004

 Estimated trip total

1,279.86 USO

Advice to Passengers
Transportation of Hazardous Materials
Federal law forbids the carriage of hazardous material aboard the aircraft, in your luggage, or on your person. A violation can result in
5 years imprisonment and penalties of $250,000 or more (49 U.S. C 5124 ). Hazardous materials include explosives, compressed gas1
flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.

Forbidden Dangerous Items Examples:
Paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. There are special exceptions for small quantities
(up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. F
further information, contact your airline representative.
Note: Spare batteries and fuel cells are not permitted in checked or hold baggage. These items MUST be packed in carry-on baggagE
your carry-on bag is gate checked, the spare batteries and fuel cells must be removed and carried in the cabin.
Email generated on 06Jun/5:16 PM UTC

BCD Travel acts only as an agent for the airlines. hotels . bus compan ies, railroads . tour operator s. cruise lines. car rental compan ies,
and other similar third part ies providing accommodations. transportat ion. or other meeting and trave l related serv ices ("Suppliers'').
Suppliers are independent and do not act for or on behalf of BCD Trave l. are not emplo yees of BCD Travel. and do not have a j oint
venture or partnership with BCD Travel. Suppliers have their own terms and conditions for the services they provide . and you agree
to abide by the terms and cond itions set forth in any and all documents for any such Supplier serv ices, including, without limitation. all
cancellation fees. By utilizing the services repres ented by this itinerary, you agree to the foregoing and also agree that neither BCD
Trave l or its parent. affiliates. subsid iaries. partners. agents, and their respective officers. directo rs. employees. and representatives
shall be or become liable for any loss, cost. expense. injury, accid ent. or damage to person or property resu lting directly or indirectly
from (i) the acts or omissions of Supp liers. including. but not limited to, delays or cancellat ion of services , cessat ion of operations ,
breakdown in machinery or equipment. or changes in fares, itineraries . or schedu les; and/or (ii) acts of God, dangers incident to the
sea , fires . acts of government or other authorities. wars . acts of terrorism, civil unrest. strikes, riots. thefts, pilferage, epidem ics.
quarant ines, other diseases . climat ic aberrations, or from any other cause beyond BCD Travers control. Please see additiona l terms
and cond itions related to this itinerary atTerms and Conditions.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000954
ED_ 001686C _ OOOO
1058-00005

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000955
ED_ 001686C _ OOOO
1058-00006

 To:
Davis, Gail[Davis.Gail@epa.gov]; EPA@BCDTRAVEL.COM[EPA@BCDTRAVEL.COM];
Jackson, RyanUackson.ryan@epa.gov]; Willis, Sharnett[Willis.Sharnett@epa.gov]
From:
EPA@BCDTRAVEL.COM
Sent:
Tue 6/6/2017 5:09:33 PM
Subject: Travel Itinerary for JACKSON / RYAN T

TRAVELER NOTICE - Many airlines charge fees for baggage and other services. Amounts vary by airline
and are subject to change.
Travelers are responsible for verifying all fees charged by individual carriers.
Please visit the operating carrier website of your ticketed itinerary for applicable fees.

Traveler
JACKSON I RY AN T
Reference number by traveler: TAA04FNW

Date

From/To Flight/Vendor

Q6/Q7/2Q} i

06101120 1r~·~:~·~:1Fco
1......
.,..... ..!
·-·-·-·-· .

i·-·-·-·-·-·-·-·-·-j

06 / I l /20 l·-·-·-·-·-·-,
MXPi

~

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i

Pm o oa l J« "'l r,E, . l ; E, .7C;E, . 7E; E, . 7'

j

i.-·-·-·-·-·-·-·-·-·-·-·-·
!

t____________
j
Personal SecurityEx.6;Ex.

7C;Ex. 7E;Ex. 7F

---~·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!,

Confirmeq
Confirmeq.

Class/Type
~conomy / Y
Economy
IX
'

!
!

. ·-·-·-·-·-·-·-·-·-·-·-·-·1

06 / 11/20 I!

Depart/ Arrive

1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~
PersonalSecurityEx.6;Ex.7C;Ex.7E;Ex.7F

----~---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

i

Status

!

l

Confirmerj!
!
!

i
i
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

L
p,conomy / Y
i
i
i

Confirme( ___________________________________________
~conomy I Y

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000956
ED_ 001686C _ OOOO
1064-00001

 Delta Air Lines Flight:_.......
,.... ··· ]Economy
Depart:

Weather
Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

Arrive:

Weather

Duration:
Status:
Equipment:
*Operated By:
Seat:
Distance:
CO2 Emissions:

1 hour(s) and 17 minute(s) Non-stop
,-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·,
Confirmed - Delta Air Lines Record Locator:! "'"""'"''""·'"·""·""·"1
Canadair Regional Jet 900
L.-·-·-·-·-·-·-·-·-·-·-·-·-·-·J
Endeavor Air Dba Delta Connection
l0D (Non smoking, Window) Confirmed
212 miles/ 341.108 kilometers
116.6 lbs/53 kgs

Remarks:

NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED
FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.DELTA.COM

00

Delta Air Lines Flight!.......
,.... ···
.iEconomy
Depart:

Arrive:

Duration:
Total duration:
Status:

'

;

i
i

i
i

i'

i'

i Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F i
!.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
!

Fiumicino, Terminal 3
Rome, Italy
1"'''
"''""
""'"''"'""_1Thursday,
June 8 2017

Weather

Weather

8 hour(s) and 45 minute(s) Non-stop
13 hour(s) and 40 minute(s) including layover(s)
Confirmed - Delta Air Lines Record Locator: j"'"""""'""''""'""'""I

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000957
ED_ 001686C _ OOOO
1064-00002

 Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

Emirates Flight

Airbus Industrie A330-300
38B (Non smoking) Confirmed
4263 miles / 6859 .167 kilometers
1,594.36 lbs/724.71 kgs
SEAT ASSIGNMENT CONFIRMED:38B
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

i·-·-·-·-·-·-·-·-·-)
.......
,....···!Economy

Depart:

Arrive:

Malpensa, Terminal 1
__
Milan, Ha~y
:.::::~~
~:~
·.-~.:.:.:.·~-~:~iSunda
,---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·--June 11 2017
··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-y
i
i
i

i
i
i

! Personal

Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i
i
i

i

Weather

Weather

i
i
i

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

Duration:
Status:

8 hour(s) and 50 minute(s) Non-stop
,,,e.,,e.oc,e.oe,e.oei
Confirmed - Emirates Record LocatorLi .,,.,,c
!
j_·-·-·-·-·-·-·-·-·-·-·-·-·-·

Meal:
Equipment:
Seat:
Distance:
CO2 Emissions:

Meal
Airbus Industrie A380-800 Passenger
Assigned at Check-in
3982 miles/ 6407.038 kilometers
1,489.27 lbs/676.94 kgs

Remarks:

FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.EMIRATES.COM
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

Jetblue Flight, .....,.... · ·· _!Economy
Depart:

i
i
i
i

!i

!
!
!
!

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i
i
i

Weather

i!
!
!
!

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000958
ED_ 001686C _ OOOO
1064-00003

 Arrive:

Duration:
Total duration:
Status:
Equipment:
Seat:
Distance:
CO2 Emissions:
Remarks:

.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!
i
i

!
!

! Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F

i

i
i

!
!

t--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

1 hour(s) and 27 minute(s) Non-stop
13 hour(s) and 12 minute(s) including lay:over(s)
Confirmed190
- Jetblue Record Locator!:.____________________________
~"'""" '"'" ' ';" "c"" ;"ff :
Embraer
]

l0C (Non smoking, Aisle) Confirmed
227 miles/ 365.243 kilometers
124.85 lbs/56.75 kgs
FOR UP TO DA TE TRAVEL INFORMATION ON AIRLINE
CHECK-IN/RESTRICTIONS/LIMITATIONS/SECURITY.
PLEASE CHECK WWW.JETBLUE.COM
NO FREQUENT FL YER IN YOUR PROFILE FOR CARRIER BOOKED

FOR 24/7 TRAVEL ASSISTANCE PLEASE CONTACT
THE BCD TRAVEL TEAM AT 1-866-964-1346
FOR OUTSIDE THE US CALL COLLECT 770-829-2609
FOR THE HEARING IMPAIRED- PLEASE DIAL 711
TO ACCESS RELAY SERVICE- PROVIDE PHONE
NUMBER OF 1-866-964-1346 TO ACCESS TRAVEL
DUE TO RECENT CHANGES IN THE FY15 GOVERNMENT CITY PAIR
PROGRAM/CPP YOUR AIR RESERVATIONS ARE SUBJECT TO
CANCELLATION BY THE AIRLINES IF NOT TICKETED AT LEAST
48 HOURS PRIOR TO SCHEDULED DEPARTURE
PLEASE ENSURE ALL NECESSARY APPROVALS ARE PROCESSED IN
ACCORDANCE WITH YOUR AGENCYS BUSINESS RULES BUT NOLESS
THAN 3 BUSINESS DAYS PRIOR TO DEPARTURE TO ENSURE TICKETING.
THIS 48 HOUR CANCELLATION RULE DOES NOT APPLY TO
INTERNATIONAL RESERVATIONS UNLESS YOUR TRIP HAS DOMESTIC
CONNECTIONS ON MORE THAN ONE AIRLINE OR THESE
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000959
ED_ 001686C _ OOOO
1064-00004

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Air

Car

Hotel

Rail

Other

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before
departure

Change
restrictions
after ticketing

Ticket
information

1,279.86 USD

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Fare
information

Air

i

!

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·Personal SecurityEx.6;

Ex. 7C; Ex. 7E; Ex. 7F

Total:
!i USD 1,116.66

i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

Air
';

Personal Security Ex. 6; Ex. 7C; Ex. 7E; Ex. 7F j

;

Total:
USD 163.20

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

REFUND
CHANGE
RESTRICTIONS RESTRICTIONS
MAY APPLY
MAY APPLY
REFUND
CHANGE
RESTRICTION~ RESTRICTION~
MAY APPLY
MAY APPLY

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000960
ED_ 001686C _ OOOO
1064-00005

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000961
ED_ 001686C _ OOOO
1064-00006

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000962
ED_ 001686C _ OOOO
1064-00007

 Jackson, RyanUackson.ryan@epa.gov]
Brown, Byron[brown.byron@epa.gov]; Elliott Laws
(ELaws@crowell.com)[ELaws@crowell.com]; Marianne Horinko
(mhorinko@thehorinkogroup.org)[mhorinko@thehorinkogroup.org];
Kenneth von Schaumburg
(kvonschaumburg@clarkhill.com) (kvonschaumburg@clarkhill.com)[kvonschaumburg@clarkhill.com];
Deely, Sheila H.[sdeely@fmi.com]
From:
Cobb, William
Sent:
Thur 6/15/2017 3:35:43 AM
Subject: follow-up meeting on CERCLA 108(b)
To:
Cc:

Mr. Jackson:

On behalf of Freeport-McMoRan, we appreciated the opportunity to meet with you on May 5,
2017, concerning EPA's Proposed Rule on Financial Responsibility for the Hardrock Mining
Industry (CERCLA 108b). You may recall that at that meeting, we discussed key points in
Freeport's written comments filed in the docket on that same date and provided you a hard copy
of those comments. Our view is that EPA' s proposed mle did not properly consider state
programs governing hardrock mining , particularly mining on private lands, and significantly
underestimated the economic impact of the mle on the hardrock mining industry. As we stated
in that meeting, Freeport-McMoRan, a major U.S.-based company that is also the world's largest
publicly traded copper mining company, updated its Risk Factor relating to this proposed mle in
its Form 10-Q filed with the SEC for the first quarter 2017. In that update we indicated that it
would be difficult, if not impossible, to obtain the level of financial assurance mandated under
the proposed mle.

At the conclusion of our May 5 meeting you indicated that the agency would be interested in
further understanding the demonstrated evidence regarding regulation of hardrock mining by
state programs. We will be filing additional comments on the proposed mle in early July and
those comments will include extensive information on the state programs relevant to our
operations (Arizona, New Mexico, and Colorado). We would like share those observations with
you.

Last, we are ready to discuss the administrative process and the prior involvement of the D.C.
Circuit Court, including the deadlines in the settlement agreement between EPA and
environmental groups and the Court's approval of those deadlines, over the formal written
objections made by Freeport to the Court.

We are available to meet during the week of July 17 (our preferred dates), on July 7, or during
early August on a day convenient for you. We look forward to having a follow-up conversation

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000963
1065-00001
ED_ 001686C _ OOOO

 with you on this proposed rule that is financially material to our company

William Cobb
Vice President, Environmental Services & Sustainable Development
Freeport-McMoRan Inc.
333 N Central Ave
Phoenix, AZ 85004

iEx. 6 - Personal Privacy !
i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

wcobb@fmi.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000964
ED_ 001686C _ OOOO
1065-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Afzal Bari
Tue 6/13/2017 11 :23:36 AM
Does Washington Trust Social Media? Share Your Opinion

Colleagues,
Last spring, 1 in 4 DC Insiders cited social media as a trusted source for
Washington news and information, up from 1 in 10 the year before. Will the upward
trend continue? Or are we becoming more skeptical of social content?
These are questions many are asking, and National Journal Research is partnering with
policy professionals across city to develop the answers. Please accept this invitation to
contribute your views in the 2017 Washington in the Information Age survey.
Partic ipate Here.
We hope you'll take 15 minutes to help deepen our collective understanding of how the
evolving media landscape shapes policy decision-making. Responses are kept strictly
confidential and only presented in the aggregate.
We greatly appreciate your time, and in exchange for your participation in this research,
we will provide you with priority access to the study's executive summary.
Thank you for all that you do,
Afzal Bari
Executive Director, Product & Marketing Strategy
National Journal

If you have trouble accessing the survey above, please use the link below.
https://njresearch.co 1.qualtrics.com/jfe/form/SV _ 7VRHmJBmfwYtV0p?Q_ DL =ag7r0Dm2CnCLlvT _ 7VRHmJBmfwYtV0p _ MLRP _ eeRsHJ

PRIVACY AND CONFIDENTIALITY: This study is conducted by National Journal Research. National Journal
maintains a strict firewall between its research and newsroom; journalists do not have access to these data. If you
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Follow the link to opt out of future emails: Unsubscribe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000965
1069-00001
ED_ 001686C _ OOOO

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Chris Hessler
Thur6/1/201711:51:14 PM
Re: Sicily.

I hear you.
Boss did a good job today.
> On Jun 1, 2017, at 6:55 PM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:
>

> Man I don't know.
>
>

------------

> Ryan Jackson
> Chief of Staff
>! U.S.__
EPA ·-·-·-·-·-·-·-·-·-·-·-·;

>: Ex. 6 - Personal Privacy
> i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

!
!

» On Jun 1, 2017, at 6:34 PM, Chris Hessler <CHessler@ajw-inc.com> wrote:
>>
>> Ryan,
» Debating going to Sicily.
>> A) when are you gonna be there?
>> B) do you expect to have any evenings free - or you on duty the whole time?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000966
ED_001686C_00001076-00001

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Toast to Congress 2017
Wed 6/7/2017 7:24:21 PM
Toast to Congress Reminder

See you tonight at WSW A's Toast to Congress!
Please remember to bring your State-Issued Driver's License/ID
No persons under 21 will be permitted entry

© 2017 Event Farm, Inc.,
2448 Main Street, Santa Monica, California, 90405
All rights reserved
This email was sent to jackson.ryan@epa.gov
Unsubscribe

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000967
ED_001686C_00001078-00001

 Jackson, RyanUackson.ryan@epa.gov]
Murray, Suzanne
Sent:
Mon 6/5/2017 4:35:34 PM
Subject: Introduction from Kevin lgli and request for a meeting on Renewable Fuel Standard issue for
small gasoline retailers
FINAL SRC COMMENTS REQUEST TO CHANGE THE POINT OF OBLIGATION.pdf
FINAL NOi SRC (2).pdf
To:

From:

Mr. Jackson:

I hope that this e-mail finds you well. Kevin lgli, a long-time friend and client, gave me
your name and suggested that I reach out to you on an issue that has national
implications.

I represent the Small Retailers Coalition, a nonprofit, national trade association with
over 200 members across the United States. We represent the interests of thousands
of small, independent petroleum retailers and convenience stores in combating the
uneven playing field created by the Renewable Fuel Standard (RFS). To level the
playing field, we are asking EPA to shift the obligation for compliance under the RFS to
the rack seller or blender. The SRC was formed exclusively to help our members
advocate this position to EPA, the White House, and other governmental bodies.
www.smallretailerscoalition.com

Small gasoline stations and convenience stores supply approximately 70% of the fuel
sold to customers in this Country. Of the roughly 140,000 convenience stores that sold
fuels in 2016, less than 1% (316 stores total) are owned by one of the five major oil
companies.
While the major oil companies are withdrawing from retail operations, their brands
remain. In fact, roughly half of retail outlets sell fuel under the brand of one of the 15
largest refiner-suppliers. Virtually all of these branded locations are operated by
independent entrepreneurs who have signed a supply contract with a particular
refiner/distributor to sell a specific brand of fuel, but these retailers do not share in the
profit/loss of their suppliers.
http://www.nacsonline.com/YourBusiness/FuelsCenter/Ope rations/Articles/Pages/WhoSells-Ame ricas-Fuel.aspx

I raise this so that you know, although individually our members are small businesses, in
aggregate, this sector is critical to the nation's fuel distribution system and is being shut

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000968
1079-00001
ED_ 001686C _ OOOO

 down by an unintended consequence of the Renewable Fuel Standard's current point of
obligation. Also, although we are aligned on many issues with our national trade
organizations like NACS, SIGMA and NATSO, on this issue we are diametrically
opposed - quite simply because large retailers that can blend are using the RIN as a
multi-billion dollar subsidy to shutter small retailers. (It is predicted that the number of
small retail gas stations will drop from 140,000 to 115,000 over the next 12 months
because of the extra access to cash the RIN gives large retailers.)

As our Chairman, Bill Douglass, the founder and Chairman of Douglass Distributing
says, "Don't take my word for it, take theirs." Included as an attachment to this email is
one set of our comments to EPA in which we excerpted just a few of the statements
made by large retailers in their K filings to the SEC. Like this statement from CoucheTard CFO Claude Tessier,"We got generally broader access to RINs in the U.S. than
most of our competition. So as RINs increase in value we think that widens our
competitive advantage and then finally we focus on the Categories. So we think we
were widening what we believe it's a key competitive and sustainable advantage in the
fuel space."

Moreover, although EPA has recognized historically that mandated renewable fuel
volumes cannot be met because of constraints on the retail sector, EPA has never met
its statutory obligations to review the impact of the RFS on small retailers. As such, we
sent a Notice of Intent to Sue ("NOi") to EPA on this issue shortly after the transition,
and, although we have been working with your career staff on the issue, we have not
reached out to Administrator's Office until now. I have attached the NOi for your
convenience.
Kevin suggested that you would be the best contact for this issue to ask for a brief
meeting to let you know the impact the current point of obligation is having on small
retailers across the Country and to tee up the action that we may file within the next 60
days. We are also meeting with 0MB regarding the same issue for the 2018 RVO.

I know that you are incredibly busy, but we will be in DC June 13 and 14 and would like
to see if we can set up a meeting with the right people from the Administrator's team to
discuss this issue. We will not bring an entourage, but would like to have the
opportunity to raise this directly with the Administrator's Office before going forward.

Thank you for your consideration, and hope to meet you in person in the near future.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000969
ED_ 001686C _ OOOO
1079-00002

 Warm regards,

Suzanne Murray

haynesboone
Suzanne Murray
Partner
suzanne .murray@haynesboone .com

Haynes and Boone, LLP
2323 Victory Avenue
Suite 700
Dallas , TX 75219-7672
(t) 214.651.5697
(f) ~14.200.071_0___
(m )tEx. 6.- Personal Privacy _i

CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000970
ED_ 001686C _ OOOO
1079-00003

 ,eoe•

BillDouglass
Chairman
SmaH Retailers Coalition
PO Box 35537
Washingto n, DC 20033

Smatt~Retailers
CO AL IT I O N
MayS,2017
Via Certified Mail - Return Rec eipt Requested

ScottPniitt
.
. .
Administrator
U.S.Environmental Protection Agency
Mail Code 11011\
1200PennsylvaniaAvenue, N.W.
Washington, DC 20460
·

Re: · Notice of Intent to Sue
Dear AdministratorPruitt

First, a personatµote,BiU•••Dougla
ss an.di would.
like to wishyou the l?egtinyour
uew
role asi.Administrator.As a fom1erEPA RegionalCounsel, Lca11appreciatethe exciteinentand
sotne of the challenges ·associated with this transition time. We wish you and your teain
every
success. Mr. Douglass is the Chainnan of Douglass Distributingin Sherman, Texas and the
Chairina11ofthe Small Retailers Coalition (''SRC"), a group of2-00-plus small retailers across
the .nation who own and operate branded and unbranded gasoline stations .and convenience
stores.1 Vie inet briefly at Earth DayTexas where Bill gave you hls card and let yoUkn<>W
that
we would bereaching out on criti.calissuefor small retailers.
were graciousam:(Qffered
to listento our concerns,

a

You

J\lthe.outset, althougllthis.Jetterlays out notice9fle~alcla.i111s
that theSRC marpursue
against EPA,.we hope that this .
be the beginning of dialogue with EPA with the goal
that EPAwill consider addressingour concerns without litigation. . .

a

Notice of Intent

This letter providesnotice that the SRC intends to file Sllitpursuantto section 611 of the
RegulatQryFlexibility .Act f'Rf'A''), 5 u.s.c. § 61l(a)(l), against the United. ~tates
E,nvironinental·Protectio11,.•Agency ("EPA") and•its J\dt1linlsg-,tor
~tlsed 011 EPA's
noncompliancewith· sectiq11s6()3
and··•604of the···
RFA.····Th
is ••actionis ·necessary because.•EPA
processfor evaluating the adverse economic
Jt1lpactg
of
failed to followthe statutorily required
the final Renewable Fuel Standard('~RFS")regulationsfor RenewableFuel, Advan.cedJ3iofue1}
l Our retailers distributegasoline under b-ran
ds from major integrated refiners, independent refiners ~nduncle
r
independent brands.

EPA-17-0193 and EPA-17-0194-A-000971
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00001080-00001

 . •O•.

SmallRetailers
COALITION

and Cellulosic Bio fuel for 2017 and the RFS Regulations for Biomass-Based Diesel for 2018
(the" 2017 Final Rule") 2 on small petroleum retailers when it promulgated this final rule.
Our claim is that, despite the fact the 2017 Final Rule is premised on "driving the market
to overcome constraints in renewable fuel distribution infrastructure," 3 EPA failed to prepare
and make available for public comment the required regulatory flexibility analyses concerning
the impact of the cmTent RFS on small petroleum retailers -- which comprise approximately 75
percent of the fuel distribution outlets in the nation.
Moreover, we intend to bring a claim that, by failing to consider the adverse economic
impacts of the RPS on small retailers in any previous rulemak.ing under the RFS, EPA could not
and did not make a good faith certification under the RFA that the 2017 Final Rule "will have no
significant economic impact on a substantial number of small entities.',4 In particular, EPA
failed to meet its obligation under the RFA by refusing to analYLe the impact on small retailers of
the current obligation for compliance in the RFS annual standards or "point of obligation"which is currently placed on refiners and importers of gasoline and diesel fuel ("obligated
parties"). Although notice for this claim is not legally required, the SRC is sending this notice
letter as a courtesy to make EPA aware of the issue and to facilitate resolution.
This letter also provides the legally required notice, pursuant to 42 U.S.C. § 7604(b), that
the SRC intends to file a citizen suit against EPA and its Administrator, based on EPA's failure
to perform nondiscretionary duties mandated by the RFS under section 211 (o) of the Clean Air
Act ("CAA"). Specifically, EPA has failed to annually evaluate and adjust the regulations
implementing the RFS program (in particular, the point of obligation) to ensure that they are
"appropriate" as required by 42 U.S.C. §§ 7545(o)(2)(A), (o)(3)(B). EPA has also failed to
complete the periodic review mandated by 42 U.S.C. § 754S(o)(l J) to allow for the appropriate
adjustment of the requirements of the RFS program.as it relates to the point of obligation.
Backgrou11d
On March 26, 20 I 0, EPA issued final regulations establishing amendments to RFS
program regulations.s These regulations included 40 C.F.R. § 80.1406, which established the
point of obligation. As re.quired by section 604 of the RF A, EPA prepared a final regulatory
flexibility analysis in conjunction with issuing the March 26, 2010 rule. However, the only small
entities that EPA considered in this analysis were small refineries. 6 EPA did not consider the
impact the rule would have on small petroleum retailers, even though the rulemaking specifically

2

81 Fed. Reg. 89,746 (Dec. 12, 2016).

3

id.
4
id. at 89,802.
5

75 Fed. Reg. 14,670 (Mar.26.2010) .
See EPA, RENEWABLE FUEL STANDARD
(See Table 7 .3-1 ).
6

PROGRAM

(RFS2) REGULATORY IMPACT ANALYSIS, at 990 {Feb. 2010)

-2-

t·-1\/1
ERiCAN

J)VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000972
ED_ 001686C _ OOOO
1080-00002

 ••O•.•

SmallRetailers
COALITT(Hf .

statesthatfueld~alers are·,ipote11t
ially regulated.·entitles'' under the2010 rule? MoreoverL:EPA.
never did al) analysis. of bow the RFS
impacts small retailers in any subsequent final rules
·
significa.ntlyamendingthe RFSin 2()16and in the 2017 Final Rule.
Thisis relevant becauseinthe 2017 Final Rule, EPAlargely relied on its ~RA.analysis
from 2010 to come to the conclusionthatno small entities (meaningsmall refiners) would suffer
"signifi~a11t
adverse economiciu,.pact"from the RFS progranttl:trough2022.8 Thjs is ti~pite the
voluminousevidence in the record before EPA that the current p<;>int
of obligation in thellFS is
resultin;gin substantialeconomicllardship.for small retailers.

is

for.
fbe

creating
uneven playing field
fuel
The point of obligatiqninot only
distributionmarket,.it is also resulting in.a dramatic reductionin the number of small retail
fuel
outlets for consumers. The 2017 Final Rule is replete with EPA theories about why the fuel
distributionsystem in the United S-tatescannot supply the required volumes of renewable fq~ls
under the RFS, and yet, EPA refused to even analyze the impactof the program on small
retailers (which, in the aggr~gate,Jcomprise 75 percent of the retail fuel distribut10nsowces in
the country)as required by both the RFA and the RFS.

2014,

was nQt a fa.ctJhatjustsurfaced iz1the 2017 .• Rule. Since early
gmall
questioned Whether 40 CtF.R. § 80.14()6
shou}<ibe
retailers and certain obligated partieg
amended and have filed formaLpetitions for reconsiderati<mor revision of the definition of
"obligated party.''9 These obligated parties contend that the system for .demonstrating
compliance·..with the annual RFSstandards-through acquiring and remitting Renewable
IdentificationNumbers ("RINs';) to EPA-. is not operating as intended and is driving up priJies
for obligatedyarties, retailers and consumers. In particular1they assert that the "the regulatory
definitionof 'obligated party· is a root cause of the RIN system's inefficiency,becauseit allows

7

75Fed. Reg. 14,670, 14,670.

8

81 Fed..Reg. 89,746, 89,802-03.

9

On January 27, 2014, Monroe Energy LC(:("Monroe") filed a "petition torevise'' 40 C.f,ll. §80.l406 to
changethe ppint o:fobligation,and onJannary 28,. 2016, Monroe flied a ''petition for reconsj~eration"of the
regulation. On February 11,.2016, Alon Refining Krotz Spri0cgs,Inc.; Amerio.anRefiningGroup,.lnc.; Calumet
~pecialtyPrQducts..P
armers,I..P.; LiQnOilCompan
r; Ergo11-,West
Virginia,.Inc.;·ltl\Jllt.R~~pingC()mpany;
Placid
RefiningCompany.LL
C; and U.S, Qil~ RefiningC:ompa11y
(the "Small
Refinery OwnersAd SQc Coalition'')tiled
a petition
reconsideration of 40 C.E.R..§ 80.1406, On February 12,
'.2016,Valero Energy Corporadon and its

ror

a

subsidiaries(coUectively, "Valero") filed "petition to reconsider and revise"thetule . On June 13,
2016,Valero
submitted petition for rulemaking to cfumgethe definition of "obligatedparty." On Allgl!St 4, 2016,.theAn:i~rican
Fuel anc.lPetrochemicalManufacturers("AFPM") :filed a petition ·for rule.makingto change the. deti11jti9t1
of
"obligated.party." On September2, 2016,HollYFrontieralso filed a petition for rulemaking to changethe dewtltfon
of "obliga.ttdparty."
..

a

-·r:f{ICAN

ERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000973
ED_ 001686C _ 00001080-00003

 ·•Et••

smallRetailers
- ----- ·----

'

COALIT ION

unobligated blenders ·to pro fit from RINs ·rather tha n passing their · value · through to retail
customers in the form of subsidized E85 prices." 10
I.ikewise, small retailersare;adversely impacted byth .e current point of obligatiQn in .the
RFS program and have raised thisissue to EPA. This is because .of the :requirementthatplaces
for compliance with renewable fuel mandates on fuel importers and refiners,. rather
the ol:>Ugation
than on blenders , allows large cojporate mega~retailers tha,thave the capability o:f blending
gasoline or diesel with a renewable fuel ·at the rack to capture the RIN from the renewable fuel
source.11 Because these large retailers are not obligated parties under the RPS, they are then free
to sell
and pockett:ttereve nue .
Smaller retailers, in coµtrast, are unable to blend fuel.b ecause they don't have access to
the necessary infrastructure , and -are forced to buy th.e finished product directly from blend.ets.
As a result, large retailers with .blending capabilities are makitlgwindfallprofits from tllesale of
RINs, allowing them to then artificiallylower the price ofgasolinejust ·enough to undercut·small

12
retailersandpushthem out of _themarket.

. .

.

..

Like small refiners, small retai1e.rshave made EPA repeatedly aware that an unintended
11~ark
et consequence of the.·current point of{)bligationJs that it is creath::i~a subs~antial economic
hardship for 75 percent ofre tailers in this country!s fue l distribution sector. lt is creating haves
and hav e"".
nots on ·a scale never before experienced in the retail fuel sector. The reality is that the
point of obligation is creating such a market imbalance that the Small Retailers Coalition had to
·. ·
•·
·
form in order to represent the interests of the small retailers.13
Unfortunately, the large trade associations like the National Association of Convenience
Stores (NAGS)and th.e Society ofindependent Gasoline Marketers ·of Ameri.ca (SIGMA) .do not
represent th.e interests of the small retailers on this issue. This .is because large retailers-who
command superiorresources- · have capturedthese associations and ar.~ incenti~ized to safeguard
the multi-billion dollar windfa ll
large xetailers enjoy from selling their unobligated RINs.
There is a clear divide in the retail fuel distribution industry; it is forgemega corporations versus
small independent businesses.
·
·
-- -

'

-

-

10

0bUgatedP~rty
Petitioner
's Op_eningiBriefRegardingEPA's llefusaftoerinsider the Appropria.tePfacetnent
oftbe ComplianceObligationin the Final'R,ule,at 31, Americansfor CleanEnergy. v. EPA, No. 16:-1005(l}.C. Cir.
Sept 8,2016),~CF No. 1634780.
.
.
.
.
..
.
u The terminal rack, or simply "terminal,. or "rack,"is the point at which fueHsprepared and di;tributed into the
CQmmercial
market.·It is where fuels are blended to meet the .RFS .andother requirements~and are then distributed
intocommerce.
12
This does not meanthey are passing on the windfall:fromtbeRIN to consumers or sellfa&moreE-85 than
other blends. Thesemega-retailersare only passing on a fraction of the RIN value to undetcut~tnall competitors
that cannot sell the unob1igated RIN. The largeretailers, in turn, pocket the differenceas profit. Alex Holcotnb,
.MarketAnalysisof the Proposed Changeto/he RFSPoint ofObliga.tion,at941 . (Feb. 22, 2017) (unpublis11ed
manuscript),htm://www.alexjholeonib;com/wp-eontentluploads/.2017/05/Eeonomic-Analnis.pdf
.
13
-Akout-:SR,C;·SMALLRETAlLERSCOAUTJON, http://smallretailerscoaliti~n.com/about-the-chairman/
{last
visitedMay3, 2017).

-4-/i .

i iVlf-:HIC

1l1(
J)VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000974
ED_ 001686C _ 00001080-00004

 ·• •·

SmallRetailers
COALITION

This is precisely the scenario Congress sought to address in the RF A and why it
specifically directed EPA to review the economic impact of its regulations on small business in
the RFA. In the Small Business Administration's ("SBA") A Guide.for Government Agencies How to Comply with the Regulatory Flexibility Act, the SBA states that:
The goal of Congress in creating the RF A was to change the regulatory culture in
agencies and mandate that they consider regulatory alternatives that still achieve
statutory purposes, while minimizing the impacts on small entities. 14
Under the RF A, a covered agency is directed that it must "consider the impacts of its regulatory
proposals on small entities, analyze effective alternatives that minimize small entity impacts, and
make their analyses available for public comment." 15 The SBA Guidance goes on to say that:

The RFA does not seek preferential treatment for small entities, require agencies
to adopt regulations that impose the least burden on small entities, or mandate
exemptions for small entities. Rather, it requires agencies to examine public
policy issues using an analytical process that identifies, among other things,
barriers to small business competitiveness and seeks a level playing field for small
. •
ent1t1es
. ...

"!6

Even so, despite knowing that the current point of obligation is having a devastating
economic impact on small retailers, EPA never analyzed the impacts of this rule on small
business in the retail fuel industry. Meanwhile, tens of thousands of small retailers have been
pushed out of the market at a record rate as a consequence of the misplaced point of obligation
and resulting dysfunctional RIN market. This does not comport with the RF A.
EPA erred when it failed to consider small retailers in its regulatory flexibility
analyses
The Regulatory Flexibility Act ("RFA"). 5 U.S.C. §§ 601-612, as amended by the Small
Business Regulatory Enforcement Fairness Act ("SBREFA"), requires that federal agencies
consider potential impacts of their rules on small entities. The RF A applies to any rule subject to
notice-and-comment rulemaking under section 553(b) of the APA or any other law. See 5 U.S.C
§§ S53(b), 603(a). Thus, regulations promulgated under the RFS program are subject to the
requirements of tbe RF A
"Whenever an agency ... publish[es] general notice of proposed rulemaking for any
proposed rule," the RFA requires agencies to "prepare and make available for public comment
l4 SMALL BUSINESSADMINISTRATION,A GUIDE FOR GOVERNMENT AGENCIES: How TO COMPLY WITHTHE
REGULATORYFLEXIBILITYACT, at 7 (May 2012). available at

bttps://www.sba.gov/eitcs/default/filee/advocacy/rfaguidc.
__0S 12_0.pdf.
15

Id. at 1.

16 Id.

-5\ M··r Ir
rA,lv:
er i ,.,,' ·

l)VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000975
ED_ 001686C _ OOOO
1080-00005

 ••O••

SmallRetailers
C OA

LfTION

an initial regulatory flexibility analysis" that "describe[s] the impact of the proposed rule on
small entities." 5 U.S,C. § 603(a).
An agency must also ,prepare a final regulatory flexibility analysis whenever it
"promulgates a final mle unders~tfon 553 of [the APA]." Id. § 604(a)"' In addition, an agency
must comply with the small•entity analysis requirements of
RFA if it effects asubstantive
change in a regulation. See Int'l1nternsbip Programsv. Napolitano, 853 F. Supp. 2d 86 (D.D.C.
2012), affd, 718 F.3d 986 (D.C. Cir. 2013). An agency can bypass the small-entity analysis
requirementsin the RFA if the head of the agency certifies that the "rule wiI l not, if promulgated,
have a significant economic impact on a substantial number of small entities." 5 U.S.C. §
605(b). Failure to comply with one or more of the statutory requirements authorizescourts to
take "corrective action consistent with" the RFA, '(including, but not limited to (A) remanding
the rule to the agency, and (B) deferring the enforcement of the rule against small entities" 5
U.S.C. §611(a)(4).
·
·

the

Further, EPA published guidance to its rule writersforegards to RFA teg,uirements
clearlydictating that:

[Y]oushoukia1utlyzewh0Jssubjectto thereqµfrements ofthe rule eYenJf
the rule is eith.er not immedJately enforcealile or does not impose
immediatelyapplicable requirements on those subject to the rule, You
shouldpetfonn this artalysis as long as youknow (l}who will be regulated;
and (2) what requirements will be imposed.17
· ·
Despite the fact the RFS ex.pliciUystates that it applies to u[e]ntities ... .involvedwith
the .. •. dfatribution and sale.of transportation fu.els, including gasoline
dieserfl.l.el,
' Of

any

and

renewable
fuels suchas ethanotand
biodiesel,"18 EPAneverdid
analysiswhatsoeve
r on the
effects of the RES
.andthe point of obligatiQ11on sniallretailers, in anyversi911.of the nd.efrom
2010throµgh2017. It's notthatEPA'sanalysis isjnsufficlent;jtjs non..existent. 'fhisfailure to
even consider the significant econornic impacts on smallretailers is a proceduraLdeficiency,
which--as
a defect in the flex:ibility
analyses-.is
a sufficierttbasitl
for a court to strike down the
19
,
..
' · . ,

rule.

17EPA,F.INAL
Gl JlDANCEFOREPA.RULEWIUTER.S:
RFA ASAMENDED
13Y1'fiE
$BREFA, at 13 (Nov. 30, 2009),
https:/IWWW,epa.gov
/sites/production/files/
201.5~06
/qot:urnents/glliQance•r;gnexact.pclf
.
18 75.Fed..Reg, at14,670 ; ·81..fed. Reg. 89,746, 89,746 (Dec. 12,2Ql<i);•se¢also.4.2.u.s.c.•.§
754.5(0)(2.)(A)(iii)
(''[R.]egulations
promulgatedunder [thelUlS] ... shall cqntainoomplian.c:e
prov~sionsapplicableto refineries,
added)).
blenders., distributors, and importers, as appropriate.'' (emph<1Sis
19
See! e.1;., Aero.nauticalRepairStati/Jn
.A.ss'n, Inc, v. F.A.A., 494 F.Sd 161 (D.C. Ck 2007); Nat'/ A.ss'nof
HomeBuilders v. U.S. Army Corpso/Engineers, 417 F.3d 1272 (D.C. Cir. 2005) (resolved by partial consent·.·
judgoient); Thompsonv. Clark 741 R2d 401 (D.C. Cir. 1984);Nw. Min A.ss'n v. Babbitt, 5 F. Supp. 2d.9 (D.D.C.
1998);S. OffshoreFishingAss'n v. DaJey. 995 F. Supp. 1411 (M.D. Fla. 1998). ,
·

1rHICAN

RSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000976
ED_ 001686C _ 00001080-00006

 ••O••

SmallRetailers
COALITION

Failure of BPA to even consider the impacts of the point of obligation on retailers in the

2017 Final Rule is particularly egregious because EPA states:
The final standards are expected to continue driving the market to overcome

co11straintsin renewable fuel distributio,i infrastructure, which in tum is
expected to lead to substantial growth over time in the production and use of
renewable fuels.

20

How can a rule that does not even consider the impacts on gasoline retailers adequately address
constraints in distribution? How can a rule that doesn't take into account that the point of
obligation is closing tens of thousands of retail outlets every year, "leadto substantial growth
over time in the ... use of renewable fuels?"
EPA's compliance with the RFA is subject to judicial review in connection with EPA's
failure to consider the economic impact of the point of obligation on small retailers in EPA's
rulemaking under the RFS.2 1 Under section 61 l of the RF A, "a small entity that is adversely
affected or aggrieved by final agency action is entitled to judicial review of agency compliance
with the [RFA] requirements." 5 U.S.C. § 61 l(a)(l). Since the promulgation of regulatory
amendments to the RFS in 20 J0 to issuing the 2017 Final Rule, EPA has repeatedly failed to
satisfy its statutory obligation to consider the impact of its regulatory proposals on small
petroleum retailers and to analyze regulatory alternatives that can achieve the RFS 's goal while
minimizing the burden on small petroleum retailers. See id. §§ 603(a)-(c), 604(a}-(c). As such,
unless EPA takes action to move the point of obligation to the rack as a regulatory alternative,
the SRC will file action for judicial review.
EPA failed to perform nondiseretionary

duties under the CAA

The RPS program was intended to drive the market towards greater volumes of
renewable fuels available in the marketplace, not to drive small- and medium-sized retailers out
of business. Through the RFS program, Congress mandated the introduction of increasing
volumes of renewable fuel into the national pool of transportation fuel. CAA§ 21 l(o)(2)(A)(i).
EPA unequivocally embraces this goal: "the fundamental objective of the RFS provisions under
the CAA is clear: To increase the use of renewable fuel in the U.S. transportation system every
year th
at least 2022 in order to reduce greenhouse gases (GHGs) and increase energy
~p)~ rntustimplement the mandates of the CAA-including the continuing duties the
security.
statute imposes-consistent with this objective.

20

81 Fed. Reg. 89,746 (Dec. 12, 2016).
EPA itself has stated that it recoanizes that "in any rulemakingto modify the RFS point of obligation, EPA
would need to consider the impacts on small entities. as it did in prior rulemakinga."
Proposed Denial of Petitions
for Rulemalcingto Cba.ngethe RFS Point of Obligation, at 43 (Nov. 10, 2016),
https://www.epa.gov/sites/production/files/20l 6- l 1/documents/420d16004.pd[
12
80 Fed. Reg. 77,419, 77,421 (Dec. 14, 2015).
21

-7-

v1ERICAN

/ ,1

_
j)VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000977
ED_ 001686C _ OOOO
1080-00007

 ••O••

SmallRetailers
.

.

COALITION

however,has failed to consi<ierand ad<.iress
ruletnakingits detern1inatfon
of the appropriateparty obligatedto satisfythe RFS volumes, • its itnpacton the distribution
of renewablefuels. In its cmTenffo:nn,,thepoint of obligationitself functionsas a co1isttainton
distribution.and producesan unjustifiableand disproportionate.adverseeconomicimpactto slllall
retailers.
·
·
·
Specifically, EPA bas. fajl:e<Junder the Act to perfolll1.these non-discretionaryduties,
whichrelateto defining the obligatedparty for RenewableFuel Standards("RFS"):
"conduct periodic reviews of . . . the feasibility
requirements" and ''the impacts of the requirements
regulatedunder the RFS. 42_U.S.C. § 7545(ci)(l1).

achieving compliance with the
on each individual and entity"

2. To evaluateand adjust annuallythe regulationsimpletnentingthe RFS programto ensure
that ifregulatesthe "appr.()priate"
parties. 42 U.S.C. §§ 7545(o)(2)(A)(iii),_(p)(3)(B)(ii).
Under the CAA and EPA rules.; tlt¢Agency must completethese duties within sufficienttime to
publisha final rule everyNovember. 42 U.S.C. § 7545(o)(3)(B)(i); 40 C.F.R. § 80J40$(b). .
action is necessary to.renie<lytbe dysfunctional renewable ·fuels market.a,nd t<>
ensurethe survival of small, independent.petroleumretailers. Byfailing.to considerthe effect of
an itllproperlyplaced point of qbliJation on fuel distributiQ11,
EPA all but ensuresthe death of
small :petroleumretailers in addition to perpetuating the renewable fuel supply constraints it
seeksto remedy.
·
SRC membersare harmed

SRG
members..are directly and indirectly harmed by EPA's.failure to fulfiUJts statutory
et:·inefflcfencies.as
.sociatedwitl1the misplac~d~oint obligation
J:ta:ve
created
liutjes. •The.111arl(
a multi~billio
.n {Jollarfinancial .windfalLfor· large retailers fhat
control the vast lllajoritYgf
across the /S°=~try.•·.·· Moreover, the .marketineffi ciencies. created.by the
ble1,1djngitelll1inals
the CAA~s goatof increasingthe distributionof
dys.functigµalRIN market effecti~tyU11dermine
. To remedy these deficienc1es,a change in the point of
renewable fuels across the coU11try
obligaticmis necessary. This c~angels within EPA s authorityto correct.
.

of

· ~erson Providing Notice
As requiredby 40 C.F.R.

the personprovidingthis notice is:

SuzanneMurray
Haynesand Boone_,LLP
2323 VictoryAve,Suite 700
Dallas1 TX 75219
Phone: (214) 651~5697

{ j ~1V1Ff
{ICAN

}itJJVERSIGHT_
American Oversight v. EPA (18-cv-00364 )

EPA-17-0193 and EPA-17-0194-A-000978
ED_ 001686C _ 00001080-00008

 ••O••

SmallRtttailers
C O A t IT 10 N

Email : suzmme.murrc1y
@haynesboone;com
· S'.R.Gwould prefer not to resort to litig ation to resolve the allegations set forth in this
letter. The dire economic situati9n .created by the current ·..misalignment of the >point of
obligation,howe ver, has left SRCno choice but to pursue all available legal remedies .· we ·are
available to. discuss SRC s views on the appropriate placement of the point of obligation ·any
time that is convenient for y9u. Please do not ·hesitate to contact me should yoU have ·any

questfons.
S:incerely,

Counsel for the Small Retailers Coalition
cc:
David Fotouhi, Deputy General Cqu.ns
el
OFFICEOF THE GENERAL CO UNSEL

Environmental Protection Agenc y
Mail Code23 l 0A
1200 Pennsylvania Avenue, N.W.

Washington, DC20460
Christopher Grundler , Director

A.lit
Q UALITY

OFFICE gFTRANSPORTATION AND

Enviroilll'lental Protection Agency
Mail Code 640lA
1200 Pennsylvania Avenue , N .W.
Washington,DC 20460
Benjamin Hengs; Associate Director
QFflC EOF 1'1lA
N$P9R1'A
TlQN•ANPA IRQ t.!ALitY
Environmental :Protection Agency
Mail Code 640 lA
1200Pennsylyama Avenue , N .W.
Washington, DC 20460

-9-

-~-Mrf{ICAN

()VERSIGtfT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000979
ED_ 001686C _ 00001080-00009

 ••O••

SmallRetailers
COALITION

Kevin Minoli, Acting General Counsel
OFFICE OF THE GENERAL COUNSEL

EnvironmentalProtection Agency
MailCode 231OA
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Lorie Schmidt,Associate General Counsel
OFFICE OF AIR AND RADIATION

EnvironmentalProtection Agency
Mail Code 6101A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Justin Schwab,Deputy General Counsel
OFFICE OF THE GENERAL COUNSEL

EnvironmentalProtection Agency
Mail Code 231OA
1200 PennsylvaniaAvenue, N.W.
Washington,DC 20460

-10-

J\i\4ER;CAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000980
ED_ 001686C _ OOOO
1080-00010

 ·-·
Small

Bill Douglass
Chairman
Small Retailers Coalition
PO Box 35537
Washington , DC 20033

Retailers

CO A LITIO

N

February 20, 2017
Via Overnight Mail
Scott Pruitt
Administrator
Office of the Administrator
U.S. Environmental Protection Agency
Mail Code 1101A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Re:

Sarah Dunham
Acting Assistant Administrator
Office of Air and Radiation
U.S. Environmental Protection Agency
Mail Code 6101A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Comment for Docket: EPA-HQ-OAR-2016-0544-Request
obligation in the Renewable Fuel Standard to the rack

to change the point of

Dear Administrator Pruitt and Acting Assistant Administrator Dunham:
My name is Bill Douglass and I am the Chairman of the Small Retailers Coalition
("SRC"). I am writing to submit formal comments to the docket number above on behalf of the
SRC. I am writing to beseech you to reconsider your Proposed Denial of Petitions for
Rulemaking to Change the Renewable Fuel Standard ("RFS") Point of Obligation. Changing the
point of obligation in the RFS is critical to the survival of small, single-store owners and
medium-sized gas stations and convenience stores, which, together, comprise approximately 75
percent of the retail fuel market in the United States. 1
Let me underscore this: when EPA issued its Proposed Denial, it did not have the
opporturrity to consider any comments from 75 percent of the retail gasoline market most
adversely impacted by the current point of obligation. In this action, we are providing you with a
record to show that the current point of obligation is disadvantaging the vast majority of retailers
in this nation and restraining fuel distribution in the Country.
This is not hyperbole. If the point of obligation is not moved to the position holder at the
rack, the majority of small, single-owner gasoline stations in the United States will close or be
bought out by mega-chains over the next 24 months.
In a presentation entitled "Shop Talk T.O.C. (Threats, Opportunities and Consolidation)
in Mid and Downstream Fueling," the former CEO of The Cumberland Gulf Group projected
1

See RETAIL FUELS REPORT at 3, NAT'LASSO C. CONY. STORES (2016).

EPA-17-0193 and EPA-17-0194-A-000981
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ 00001081-00001

 •

Small Retailers
COALITlON

that the number of U.S. gas stations will drop from over 140,000 locations to a mere 115,000
sites. The reason is because:
Due to the increasing acquisition of convenience store chains by master limited
partnerships flush with available cash, the c-store industry will continue to
consolidate.2
He expects the future will be highlighted by:
•
•
•
•
•
•

32 major U.S. c-store retailers operating 56,000 gas stations;
15 grocery/hypennarts with a total of 14,000 sites;
Two mega distributors operating a combined 5,000 locations;
20 super distributors with 18,000 sites;
Just 12,000 single-store operators, a large decline compared to today; and
10,000 unmanned locations. 3

This sums it up. The current point of obligation benefits large corporate entities and
pushes small gas stations out of the market. This is purely a by-product of EPA's regulation
dictating that the obligated parties are only the refiner or importer. EPA has created a
government program that subsidizes the largest corporations in America and closes small
businesses.
We know this is clearly not what EPA intended. EPA is trying to implement its
Congressional mandate to get more renewable fuels into the marketplace. The RFS is not
' supposed to cut off distribution chains; instead, it is supposed to increase them.
We are the bulk of the fuel distribution in this Country. Don't shut us down.
Who We Are

Before I offer data to show how the cmTent point of obligation is putting us out of
business, I wanted to share with you who "we" are.
The Small Retailers Coalition is a 200-plus member organization made up of small- and
medium-sized gas station and convenience store owners. The SRC was formed exclusively to
help our members advocate to EPA, the White House, and state and federal legislators to educate
them on how the current point of obligation is closing small businesses at a record rate across the
Country.
2

Brian Berk, Threats, Opp011unities & Consolidation in Fueling : Former Gulf CEO Joe Petrowski shares his
outlook at SIGMA Annual Meeting, Convenience Store News (Nov. 11, 2014) , http://www.csnews.com/node/73 727.

3

Joe Petrowski, Presentation at SIGMA Nashville: Shop Talk T.O.C. (Threats, Opportunities, and Consolidation) in
Mid and Downstream Fueling (Nov. 2014).

-2-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000982
ED_ 001686C _ OOOO
1081-00002

 ·••O••

SmaURetailers
COALITION

We had to fo1m when our national trade associations refused to advocate for us because
the current point of obligation creates a multi-billion dollar financial windfall for the large
retailers that now control the vast majority of blending terminals across the Country. As such,
the current point of obligation has created the largest transfer of wealth from small business to
corporate America in history.
We are independent business owners, the majority of whom own one store. We have ties
to our local communities. We are first-generation immigrants and we are from families who
have lived in our communities for generations. Many of us are minority business owners who
are trying to live the American Dream and make it in a small business. This is why groups like
"Empower Consumers" 4 sent a letter to EPA asking to "Please Fix the Renewable Fuel
Standard." That letter (included as part of our record) lays it out pretty clearly:
What's wrong with a few big gasoline retail chains enjoying extra profits
generated by the RINs they sell on the market? Well, nothing-if you're one of
those chains. But if you happen to be an independent gasoline retailer (many of
which are minority-owned) whose competition up the street is suddenly sitting on
a pile of cash, it's not so great. It means your competitor's parent company has a
newfound ability to spend money on buying up stations, or making their stations
look more appealing than yours. Whatever they do, it's not helpful to a small
business earning a living as an independent gasoline retailer. 5
They were joined by a resolution from the National Black Caucus of State Legislators (included
as part of our record) urging EPA to fix this market injustice:
THEREFORE BE IT RESOLVED, the National Black Caucus of State
Legislators (NBCSL) calls on the U.S. Environmental Protection Agency to adopt
a mle to address problems in the RINs market by moving the point of obligation
in order to eliminate incentives for excessive speculation and fraud. 6

Why We Can't Compete
The reason that small retail gas stations cannot compete fairly in the current market is
because the current point of obligation is removed from the rack-that is, the bulk terminal or
tmck loading terminal where entities control whether gasoline is blended. The large retailers
now largely control these te1minals and can decide who gets positions at the rack. As a result,
4
See Our Mission, EMPOWERCONSUMERS,
http://www.empowerconsumers.org/about-us/our-mission/
Feb. 20, 2017).

(last visited

5
Letter from Daryl Bassett, Chairman, Empower Consumers, to EPA , EPA, Please Fix the Renewable Fuel
Standard.

6

Resolution BED-17-15, Nat') Black Caucus of State Legislators (Dec. 3, 2016), available at
http://nbcsl.org /index.php/public-policy/resolutions /item/download /641_91cd4a86fcb96e5427d499bl4bb42470.

-3-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000983
ED_ 001686C _ 00001081-00003

 ••O••

Small Retailers
COALITION

large retail conglomerates are able to purchase gasoline unobligated and then blend it with
ethanol or biofuels at the rack to generate a Renewable Identification Number ("RIN").
These large retailers then sell the RIN to obligated parties and generate enormous
windfall profits. This allows our large retail competitors to have a direct price advantage over
small- and medium-sized retailers that I and other small/medium-sized retailers cannot match
because we cannot blend fuel at the rack.
Small retailers have to purchase blended fuel at a premium. So, the base cost of my
product is already higher than the cost to my large competitors that can blend fuel. This is a
market reality that we can address through innovation and other marketing incentives. What we
cannot overcome is that my largest competitors also get a $.10 to $.15 per gallon subsidy for
selling the RIN to obligated parties. They are then able to use this profit to roll up small
businesses.
Again, here is why the current point of obligation should be changed to the rack:
1) The current point of obligation gives large retailers a $.10 to $.l 5 per gallon
advantage over small and medium suppliers that is unfair, anti-competitive , and
creating an oligopoly in the retail fuel sector;
2) The large retailers, who are able to purchase gasoline unobligated, sell the RINs for a
profit. They make such a significant percentage of their profits from RIN sales for El O that they have no incentive to invest in infrastructure to support the further
penetration of renewables in the market place .
Small and medium retailers make up over 75 percent of the retail gas stations in this
Country, but we have been abandoned by our trade associations like NACS, SIGMA, and
NATSO. On the issue of the point of obligation, these associations have sided with the megadistributors in our industry because they pay the lion's share of dues. As our V.P. and Treasurer
Stanley Roberts says about the mega-distributors : "They don't outnumber us, they just outmoney us!" 7
Let me be clear: NACS , SIGMA, and NA TSO DO NOT REPRESENT THE
INTERESTS OF SMALL RETAILERS ON CHANGING THE POINT OF OBLIGATION. As
a fonner Chairman of the Board of NACS, this personally saddens me. These organizations
have historically served us well and continue to provide some valuable services for small and
medium retailers, but on this issue, they have abandoned us for the biggest dues payers.

7

See Small R etailers Coalition - R!Ns, the RPS, and EPA , YouT UBE(Dec. 21, 2016) ,
https://youtu.be /Fpcrt_ VSPOg for a video description of how the current point of obligation impact s small retailers.

-4-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000984
ED_ 001686C _ OOOO
1081-00004

 ·•O••

SmallRetailers
COALITION

We Need EPA to Act

Small and medium retailers have nowhere else to turn but to EPA. I ask you to please
look at the market facts and consider them in your review of the underlying Petition. The only
retailers that EPA cited in its Proposed Denial are the very retailers that get the windfall from the
RIN without any obligation to the RFS.
The SRC and other small retailers were not able to provide facts and data in the original
record because we did not exist as an organization at the time the Petition was filed. This is an
issue of economic survival for us, and one that EPA has an obligation to correct in the rule by
aligning the point of obligation with the point of blending at the rack. This simple, but critical,
fix would minimize the economic burdens to small retailers and maximize the effectiveness of
the RFS program.
The RFS program was designed to drive the market towards selling renewable fuels
available in the marketplace, not to drive small- and medium-sized retailers out of business. We
know that EPA does not intend to put such businesses in jeopardy across the country, and that
there are other issues that EPA must contemplate in the RFS program. Moving the point of
obligation, however, is a simple step that EPA can take to level the playing field for all gasoline
retailers while allowing EPA to meet the goals that Congress laid out by eliminating this market
barrier and protecting and maximizing the fuel distribution system in this Country.
Respectfully, here are the factors that EPA did not consider in its Proposed Denial:
1) EPA has not satisfied its statutory obligations to consider the economic impacts of the RFS

and the point of obligation on the small retailers when it promulgated the RFS2 in 2010 and
the implementing regulations for the point of obligation.
EPA has stated before the D.C. Circuit Court of Appeals that it believes "the proper place to
seek to change the point of obligation" is this Petition.
As such, this is the vehicle through which EPA can correct the deficiency in the previous
rulemaking process and "minimize the significant economic impact on small entities" by
promulgating an alternative that will not disadvantage small businesses and provide a level
playing field for all by changing the point of obligation to the rack.
2) The current point of obligation in the RFS program has resulted in and will continue to result
in the decreased "distribution" of renewable fuels in the United States. As such, EPA has an
obligation to lift this market impediment to maximize distribution outlets for renewable fuels
and consumer choice.

-5-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000985
ED_ 001686C _ OOOO
1081-00005

 Small Retailers
COALITION

1. EPA has a statutory obligation to minimize the economic impact of the RFS on small

entities. This can be satisfied by granting the Petition.
The Regulatory Flexibility Act ("RFA"), 5 U.S.C. §§ 601-612, as amended by the Small
Business Regulatory Enforcement Fairness Act (''SBREF A"), requires federal agencies to
consider potential impacts of their rules on small entities. Under the RF A, agencies must
conduct a regulatory flexibility analysis to analyze possible effects of a proposed rule on small
businesses, unless the agency certifies that the "rule will not, if promulgated , have a significant
economic impact on a substantial number of small entities." 5 U.S .C. § 605(b).
Where a rule is anticipated to have significant economic impacts on a substantial number
of small entities, the RFA ' s provision governing preparation of a final regulatory flexibility
analysis, 5 U.S.C . § 604, requires that the agency provide a description of the steps it has taken
to minimize the significant economic impact on small entities consistent with the stated
objectives of applicable statutes. This includes a statement of the factual, policy and legal
reasons for selecting the alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which affect the impact on small
entities was rejected. 5 U.S.C . § 604(5).
Further, EPA ' s guidance to its staff when drafting rules clearly dictates that:
[Y]ou should analyze who is subject to the requirements of the rule even if the
rule is either not immediately enforceable or does not impose immediately
applicable requirements on those subject to the rule. You should perform this
analysis as long as you know (1) who will be regulated; and (2) what
requirements will be imposed.
Despite the fact the RFS2 explicitly states that it applies to "Entities . . . involved with
distribution and sale of transportation fuels, including gasoline and diesel fu el, or renewable
fuels such as ethanol and biodiesel," EPA never did any analysis whatsoever on the effects of
the RFS and the designation of obligated parties on retailers. It's not that the analysis is
insufficient ; it is non-existent. This procedural defect in the rule should be addressed and
corrected in EPA's response to this Petition, as agencies have done historically when remedying
a flawed rulemaking process .8
This failure to even consider the significant economic impacts of the RFS2 on small
retailers is a procedural deficiency, which , as a defect in the flexibility analysis , can be grounds
for a court to strike down the rule. The statutes do not dictate that EPA has to draft rules in a
ce1tain way, but it is clear EPA must perform the required analysis of the economic impact of its
8

See, e.g., Aeronautical Repair Station Ass 'n, Inc. v. FA .A., 494 F.3d 161 (D.C. Cir. 2007) ; Nat 'l Ass 'n ofHome
Build ers v. US. Army Corps of Engineers, 417 F.3d 1272 (D.C. Cir. 2005) (resolved by partial consent judgment) ;
Thompson v. Clark, 741 F.2d 401 (D.C. Cir. 1984); Nw. Min. Ass 'n v. Babbitt , 5 F. Supp. 2d 9 (D.D.C. 1998); S.
Offshore Fishing Ass 'n v. Daley, 995 F. Supp. 1411 (M.D. Fla. 1998).

-6-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000986
ED_ 001686C _ OOOO
1081-00006

 ••O••

Small Retailers
COALITION

regulations on small businesses impacted by the regulations. Failure to perform such an analysis
or performing a substandard analysis of the impacts has led to remand of the rule in question or a
resolution by the government that eliminated the "significant economic impact" on small entities.
EPA itself states in its Proposed Denial that it recognizes that "in any rulemaking to
modify the RFS point of obligation, EPA would need to consider the impacts on small entities, as
it did in prior rulemakings." We agree! Please DO! EPA has never considered the effects of the
RFS on small retailers as blenders in its SBREFA analysis in the historic or current rulemakings
under the RFS. EPA has only considered the impacts on small refiners.
So, it is unacceptable that EPA is willing to abdicate its statutory responsibility and shut
down potentially 60 percent of the fuel distribution in the United States because it hypothesizes
that the "RFS market would experience significant uncertainty in such a transition."
This deficiency must be corrected and can be in EPA's response to this Petition. EPA
has stated that "[t]he proper place to seek to change the point of obligation is a petition to
reconsider." 9 Again, we agree!
In the Proposed Denial, EPA completely left out all analysis of the extreme market
impact on small retailers and based the Proposed Denial almost exclusively on a letter submitted
by retailers who financially benefit from the unobligated sale of the RIN. Of course these
retailers oppose moving the point of obligation! They get a generous government subsidy that
small business cannot access. How can we compete?

We can't.
Even if EPA does not care about shutting down almost 100,000 small businesses ,
Congress directed EPA to care about maximizing the distribution outlets for renewable fuels.
EPA states in the Proposed Denial that "changing the point of obligation is not expected to
significantly impact the retail pricing of fuel blends with high renewable content." This may or
may not be true. As we all acknowledge, there are many variables that go into fuel pricing. But,
what EPA overlooks is that regardless of price, the availability of all fuels will drop dramatically
because retail outlets are closing due to the RIN doubling the fuel margins of the few select
stores.
In its Proposed Denial, EPA also overlooks the market reality of what consumers want
and will pay a premium for. In a market where 75 percent of the retailers are consistently
undercut $.03 to $.15 a gallon on renewable fuels, they will offer alternatives like clear gasoline
or E-0. There is a rising demand for clear gas in the market 10 and consumers will pay an average
9

Brief for Respondent EPA , Ameri cans for Clean Energy v. U.S. Environmental Protection Agency , No. 16-1005, at
*119 (D.C. Cir. Dec. 15, 2016), Doc . No. 1651336.

10

See Carlton Carroll , Consumer Demand for Ethanol-Fr ee Gasolin e is Strong and Rising , API (May 20, 2015) ,
http://www.api .org/news-policy-and-issues /news/2015/05/20/ api-consumer-demand- for-ethanol- free-gas.

-7-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000987
ED_ 001686C _ 00001081-00007

 SmallRetailers
COAllTlON

of $.25 a gallon more for E-0 than they will for E-10. This is pushing the market in the opposite
direction of what the RFS mandates.

2. The current point of obligation in the RFS program has resulted in and will continue to
result in the decreased "distribution" of renewable fuels in the United States. As such,
EPA has an obligation to lift this market impediment to maximize distribution outlets
for renewable fuels and consumer choice.
In its brief to the D.C. Circuit Court of Appeals , EPA laid out that:
EPA has explained time and again in its annual renewable fuel standard
rulemakings, this increased use of renewable fuels over time requires private
parties to invest in production facilities and infrastructure to accommodate such
fuels. E.g., 80 Fed. Reg. at 77,453, 77,459-60. Annual reconsideration of the
definition of obligated parties would reduce the regulatory certainty required for
private parties to plan for growth. 11
While we support the argument that EPA has an obligation to review the point of
obligation and other factors in the RFS annually to accurately capture market trends, we also
appreciate that EPA's overall charge is to increase the distribution of renewable fuels into the
marketplace. Common sense would dictate that this means investment in infrastructure to
distribute the fuels.
In the Proposed Denial, EPA relies on letters from mega-retailers that profit from the RIN
which maintain that these large companies use the RIN profits to invest in infrastructure for
renewable fuels and pass on the value on the RIN to consumers. This simply is not true . These
conglomerates are using the windfall from selling RIN s to make infrastructure investment in
their operations or to roll-up small, independently owned gas stations. They do not use the value
of the RIN to increase the volumes or concentrations of renewable fuels to consumers.
Here is how the giant corporate chains use the RIN. First, these mega-distributors use the
RIN proceeds to artificially lower the cost of fuel just enough to undercut the competition that
cannot enjoy the RIN-usually from $.02 to $.03 a gallon. They DO NOT pass on the value of
the RIN to consumers. Instead, they just use a small portion of it to consistently underprice
gasoline at the pump in order to drive small retailers out of business. (For a detailed
discussion of how this occurs, please see pages 7-9 of the Amicus brief filed by the SRC in the
D.C. Circuit Court of Appeals, which is attached in this submission.)

11

Brief for Respondent EPA, supra note 9, at *113.

-8-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000988
ED_ 001686C _ OOOO
1081-00008

 ••O••

Small Retailers
COALITION

Next, once the small retailers are distressed, the mega-distributors offer to buy the single
owner stores. This DOES NOT increase the number of pumps for distribution. The standards
formula that mega-chains use is that for every store they open, they close five competitors! 12
Don't take our word for it. Take theirs. The mega-distributors that sell RINs for profit
may make claims in letters to EPA that RINs don't impact their bottom line and that they use
profits to develop infrastructure for renewables. But they tell their shareholders a very different
story in SEC filings and earnings calls.
For the sake of brevity, I have excerpted several quotes from public SEC filings, press
releases, and earnings calls. (Along with these comments we will submit copies of the
documents for your reference.)
Murphy's
•

2017-02-01

~

Q4 2016 Press Release

o "On a combined basis, PS&W and RINs effectively contributed 4.83 cpg to retail
margins in the fourth quarter and 3.85 cpg for the full year." (page 2).
•

•

2016-11-03 -Form 10-Q
o

"[O]ur cost of goods sold is impacted by our ability to leverage our diverse supply
infrastructure in pursuit of obtaining the lowest cost fuel supply available; for example,
activities such as blending bulk fuel with ethanol and bio-diesel to capture and
subsequently sell Renewable Identification Numbers ("RINs")." (page 28).

o

"In recent historical periods, we have benefited from our ability to attain RINs and sell
them at favorable prices in the market." (page 28).

2016-11-03 - Q3 2016 Earnings Call
o "Improvement in product supply and wholesale contribution, net of RINs, recovered
almost half of the decline in the retail fuel contribution. Together, these two components
added $0.0175 per gallon on a retail equivalent basis versus a negative $0.022 per gallon
contribution last year. RIN sales of $48 million offset product supply and wholesale
contribution of negative $29 million, as higher RIN prices embedded in the refinery spot

12

See, e.g., Texas Continues to Lead U.S. C-store Count: Industry finds fewer single-store owners are selling fuel,
STORENEWS (Feb. 3, 2017), http://www.csnews.com/industry-news-and-trends /corporate-storeoperations/texas-continues-lead-us-c-store-count; Catherine MacMillan, Truck Stops: Reviews, Trivia and Features
of the North American Chains, SMARTTRUCKING (Aug. 8, 2016), http://www.smart-trucking.com/truck-stops.html;
Citizens Commercial Banking, Consolidation in the Convenience & Retail Fuel Sector: Strategies for Capturing
Value (2015);
CONVENIENCE

-9-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000989
ED_ 001686C _ 00001081-00009

 SmallRetailers
COALITION

prices reduced our spot to wholesale rack margins, which stayed negative for much of the
quarter." (page 4).
o "While the net contribution is expected to be above guidance, the product supply and
wholesale results alone will be below the $25 million to $45 million range, while RINs
sales will exceed the $0.30 to $0.50 per-RIN range we guided to. Since RIN prices are
essentially embedded in the refinery spot prices, investor focus should remain on the net
contributions." (page 5).
o

•

2016-08-04-Q2
o

•

2016 Earnings Call

"[P]eople shouldn't get overly excited in our earnings if RINs are at $0.90 versus $0.50
because you see that impact in the trade-off because spot prices are higher, and that is
something, I think, the EPA and RSS anticipated." (page 8).

2016-05-09-Ql
o

•

"[W]e're going to continue to report RINs and other income just like refiners report the
cost of it separately. I gave a real clear example of how it nets off against our piece, and
it's still going to be in that $0.025 to $0.03 range. The refiners have that built into their
refinery margin. They just like to call out the cost separately. And I appreciate that
refinery margins are now at a very low point again, but that's largely due to the refinery
economics, the excess product, the high utilization and the more macro factors, and not
really about RINs." (page 15).

2016 Earnings Call

"But then you've got the regulators who will be announcing, hopefully by the end of
May, their proposal for the RFS ethanol mandates for 2017. Then those are enacted in
November. So depending on whether or not they ratchet up the ethanol mandate or not,
that benefit of balancing the supply/demand of RINs may be short-lived if they decide to
raise the mandate further." (page 10).

2016-03-08 - Raymond James 37th Annual Investors Conference Presentation
o

"So what's the differentiated capability that sets us apart? It's our fuel supply chain. And
the way we do that is 50% of the gallons we sell are sourced through proprietary barrels,
meaning we buy them from the refiners in the refining centers, we ship them through the
pipeline systems for which we have access through our historical shipper status. And that
takes decades to build. If you wanted to get in this business tomorrow, you could not go
and get pipeline access on most of these pipelines. We take that into mostly third-party
terminals. We blend it with ethanol. That captures the RIN. And that leaves us with a
landed cost of supply when you add that supply advantage plus the RINs, that's going to
be advantaged over our competitors." (page 4).

-10-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000990
ED_001686C_00001081-00010

 ••O••

Small Retailer s
COALITION

o

•

"We have access to the RINs through the blending. We have the credit. We have the scale
and scope to hold the working capital and manage through the volatility that smaller
competitors don't have." (page 5).

2016-02-26-Form
o

10-K (FY 2015)

"[W]e believe our business model provides additional upside exposure to opportunities to
enhance margins and volume. For example, incremental revenue is generated by
capturing and selling Renewable Identification Numbers (R1Ns) via our capability to
source bulk fuel and subsequently blend ethanol and bio-diesel at the terminal level."
(page 3).

o "[O]ur revenues are impacted by our ability to leverage our diverse supply infrastructure
in pursuit of obtaining the lowest cost of fuel supply available; for example, activities
such as blending bulk fuel with ethanol and bio-diesel to capture and subsequently sell
Renewable Identification Numbers ("RINs")." (page 30).
•

2016-02-04-Q4

2015 Earnings Call

o

Murphy is a ''major beneficiary ofRINs with our proprietary supply chain." (page 3).

o

"RIN s, of course, are a source of strength in the PS&W portfolio, given our ability to ship
over 50% of our retail barrels and blend the ethanol ourselves." (page 6).

o "If you dial back your wholesale and then dial back your shipping, you would ultimately
start losing that line space, which is a critical advantage, which also allows you to capture
the RINs. So, again, there is some interplay there driven by the market dynamics." (page
10).
•

2014-12-31 -Investor Update Presentation
o

"RIN prices elevated, so refiners motivated to sell ethanol blends from terminals" (page
15).

o

"Bottom Line: Elevated RINs accelerates rack price declines" (page 15).

Casey's

•

2016-12-08 - Q2 2017 Earnings Call
o "The second quarter margin benefited from the sale of renewable fueled credits,
commonly known as RINs. During the quarter we sold $17.8 million RINs or a total of
$15.9 million. This represented about $0.03 per gallon improvement to the fuel margin.

-11-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000991
ED_001686C_00001081-00011

 ·•O•·

SmallRetailers
COALITION

RINs are currently trading around $1.12. For comparison purposes, going forward, last
year in the third quarter, the average RIN sold was approximately $0.61." (page 2).
o "[W]e're fortunate I would say to be able to benefit from [the point of obligation] and due
to our market, where we operate and the way we distribute our fuel." (page 7).
•

2016-12-07 - 10-Q (for quarter ending October 31, 2016)
o "The Company sold 17.8 million renewable fuel credits for $15.9 million during the
quarter, compared to 13.6 million fuel credits in the second quarter of the prior year,
which generated $4.7 million." (page 12).

•

2016-09-07 - Q 1 2017 Earnings Call
o "Fuel margin was up about $0.02 per gallon from the first quarter of last year due to a
decline in the wholesale cost of fuel and a favorable environment for renewal energy
credits resulting in a fuel margin of $0.195 per gallon for the quarter. During this time,
we sold approximately 17.9 million RINs at an average price of $0.82. This represented
about $0.027 per gallon benefit to the fuel margin." (page 2).

•

2016-09-06 - 10-Q (for quarter ending July 31, 2016)
o "The gross profit margin per gallon increased (to $0.195) in the first quarter of fiscal
2017 from the comparable period in the prior year ($0.175) primarily due to elevated RIN
values as well as a declining wholesale fuel cost environment in the current year." (page
13).

•

2016-06-27 - 10-K (for fiscal year ending April 30, 2016) & 2016 Annual Report to
Shareholders
o "While the new volume requirements are lower than those originally set by Congress, we
believe they could add support to renewable fuel credit values for the next several years."
(page 12 of the Annual Report).

•

2016-06-06- Press Release - Q4 2016 - Casey's Finishes Year with Record Earnings
o "The Company sold 12.7 million renewable fuel credits for $9 .1 million in the fourth
quarter. . . . The fuel margin remained strong throughout the year, aided in part by
favorable renewable fuel credit values." (page 1).

-12-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000992
ED_ 001686C _ 00001081-00012

 ••C.••

Small Reta ilers
COALITION

•

2016-03-07
Income
o

Press Release - Q3 2016 - Casey's Posts 28% Increase on Year-To-Date Net

"Fuel margins finished above goal for the third quarter due to elevated RIN values as
well as a decline in wholesale fuel costs towards the end of the quarter." (page 1).

Couche-Tard
•

2016-11-22 -Q2 2017 Earnings Call
o

•

•

Speaker: Brian Hannasch, CEO; Hannasch: "In the U.S., we buy under a variety of
strnctures including some where we get full RIN economics and some where we get
partial RIN economics. From our standpoint it's impossible to quantify as you can never
tell and I don't think anyone can tell how much is priced in any given rack, at any given
time, which is how most of the industry would purchase fuel. However, if it does go
away, it goes away for everyone and the markets will adjust and we'll focus on other
ways to again establish and widen our competitive advantages on how we purchase fuel.
That said, this rnle cannot be changed by executive order. It does take full-blown rnle
making and judicial review for this rule to be changed, and from our perspective and the
people we're talking to there's significant and very strong opposition by the American
Petroleum Institute, all the major marketing groups, some of the automotive companies
and the ethanol producers. So we're watching the issue closely. Again, it's difficult to
quantify but at this point we're not overly concerned with the RIN issue." (page 6).

2016-08-30 - Ql 2017 Earnings Call
o

Speakers: Brian Hannasch, CEO & Claude Tessier, CFO; Tessier: "We got generally
broader access to RINs in the U.S. than most of our competition. So as RINs increase in
value we think that widens our competitive advantage and then finally we focus on the
Categories. So we think we were widening what we believe it's a key competitive and
sustainable advantage in the fuel space." (page 5).

o

Hannasch: "[W]e believe it's impossible to pinpoint exactly the value of RIN. It requires
making assumptions about how much of the RIN value makes into wrap [ph] prices and
another competitor deals and there is just no way of knowing of that. That said, we focus
on having better supply deals than our competition and we think ACT on average has
better access to RINs in the overall market. So as RIN values increase we think the
advantages we have of having access to those RINs widens our supply advantage vis-avis competition, so in general we do like having a higher value RIN." (page 11).

2016-07-13 - Q4 2016 Earnings Call

o

Speaker: Brian Hannasch, CEO; Hannasch: "I think in our situation with our scale, I
think we're in a position that we're able to capture a greater proportion of the value of the

-13-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000993
ED_ 001686C _ 00001081-00013

 Small Retailers
COALITION

RINs across our footprint than most of our competitors. So while it's hard to quantify the
exact impact, we think we're advantaged vis-a-vis the industry when it comes to RINs,
and that a higher RIN value is actually a positive for us vis-a-vis the industry, which is
what I think is relevant. I'd also point out, we don't speculate on RINs. We do not try to
pretend to know what direction they 're going. So as we receive them, we sell them. So
you shouldn't see a significant financial impact from a holding period on RINs." (page
9).
We know that EPA is sophisticated about how the market works, and clearly
acknowledges in its justification for exercising its waiver authority that "the RIN is currently an
inefficient mechanism for reducing the price for higher level ethanol blends at retail, and
therefore unlikely to be able to significantly impact the supply of ethanol in the United States
in 2016." 80 Fed. Reg. at 77,457.
This is ilJustrated perfectly by Murphy's in an investor presentation on March 21, 2016, in
which it lays out exactly how it uses the RIN to increase fuel margins. The entire presentation is
attached to these comments, but the chart below shows that the large retailers that capture the RIN
add it to their bottom line. What's more, the large retailers make these huge profits on selling
RINs for E-10, not E-85. Why change? There is no incentive to blend higher percentages of
renew ables, but there is an enormous economic incentive to have the E-10 blend wall broken so
RIN prices move even higher. This is happening , and EPA acknowledges this in its justification
for using waiver authority.

PS&W plus RINs consistently adds to to tal fuel contr ibution
Total Fuel Margin

Fuel Margin
CPG
IE Product Supply & Wholesale +RINs

($MM)

Product Supply & Wholesale + RINs

Retail
-

Fuel Breakeven

•

Retail

$737

18.5

CPG 1

2011

2012

2013

2014

2011

2016
RINs ($mm)!

____________________________
1) CPG Ju;lld

on.ma il 'VO)Utne·S, before ,c-orporatft ov e.rtlf!IJ.d

MurphyUSA Inc.

3

2012

I

9

I

2013

2014

2016

91

93

118

....._,:;b
\

12

-14-

JJrr

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000994
ED_001686C_00001081-00014

 ·•O••

Small Retailers
COALITION

This is further supported in a recent study by Ramon Benavides, President of Global
Renewable Resources. 13 The study is attached as part of the record with this comment.
Benavides analyses the ways in which large retailers are able to double their margins by selling
RINs. The paper focuses on Pilot/Flying J and Love's because of the considerable amount of
information they make public. But it is not an indictment of those companies; it is simply a
study of what it happening in the retail market.
The study uses the Estimated Margin Indicator ("EMI") to ascertain fuel margins for the
two companies. The EMI demonstrates that Pilot/Flying J and Love' s margins exceed the
National Association of Convenience Stores ("NACS") average of $.189 cents by nearly double.
This is because these companies enjoy a strong financial advantage over companies that
distribute and sell petroleum fuels. The ultimate effect could be selective losses in market share
for smaller, less sophisticated market pat1icipants.
Benavides concludes:
While the entire EMI is available in Appendix One, a summary of the results for
both Pilot/Flying J and Loves follow. In both instances, these entities' combined
gross profits are almost twice as high as the national average. Furthermore, a
pass-through to customers did not occur, as additional RIN-derived margins are
retained by large fuel retailers as profits. To the contrary, small fuel retailers,
which do not have access to similar margins, are likely to lose market share as a
result. If the Environmental Protection Agency ("EPA") were to alter the pointof-obligation under the Renewable Fuel Standard ("RFS"), small fuel retailers
would be considerably more likely to be able to achieve price parity with large
fuel retailers and sustain operations in local markets that continue to thrive based
in substantial pat1 on robust retail competition.
In our amicus brief to the D.C. Circuit Court of Appeals, we cited a report by Dr.
Bernard L. Weinstein (Associate Director, Southern Methodist University Maguire Energy
Institute) that supports these conclusions:
The bias against small retailers has serious implications for their long-term
survival because the current regulatory regime governing RINs trading allows
large fuel marketers and large retailers to gain revenues and a competitive
advantage over small retailers. Reports indicate that large retailers are using
the RIN profit stream for retail expansion and acquiring a larger share of a
limited market. Small retailers are losing both sales volume and stores to large
retailers. In other words, small retailers aren't just less profitable but they
13

See Ramon M. Benavides, Renewable Fuel Incentives: Estimation of Large Retailers' Margins (Feb . 2017),
available at http ://smallretailerscoalition.com /wp-content /uploads /201 7/02/Renewable-Fuel-Incenti ves_ Estimationof-Large-Retailers-Profits.pdf.

-15-

AMERICAN

OVERSIGHT
American Oversight v . EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000995
ED_ 001686C _ 00001081-00015

 Small Retailers
-COALITION

are going out of business due to their growing inability to compete with large
retailers. As a result, the demise of small "mom-and-pop" fueling stations has
accelerated, with more than 12,000 closing since 2007. 14
Dr. Weinstein further updated his report in February of this year after reviewing EPA's Proposed
Denial and analyzing the impacts that a denial would have on small retailers. He outlines in
great detail how EPA's apathy here will drive small retailers out of business and creates a $30billion-a-year incentive for unobligated blenders to blend E-10 and nothing more.
Our Plea - Grant the Petition to Move the Point of Obligation

The era of the large, non-obligated, RIN-rich retailer dominating the market is underway.
If the EPA does not move the point of obligation to the rack, small retailers will have little
choice but to close or sell-out to the non-obligated, RIN-rewarded large retailers. We hope that
you take the information that we have submitted to heart, but we encourage you to also do your
own research. Go out and ask retailers, small and large, for copies of their fuel contracts to see
how the system really works. We are prevented by anti-trust laws from providing you our
members' contracts, but you can get them. See what the market reality is particularly for the
branded retailer. Please do not base your decision on the unsupported statements of the
beneficiaries of the system.
America needs and depends on small and medium retailers for up to 75 percent of its fuel
needs. Don't shut us down for the benefit of approximately 50 mega-companies. History shows
that oligopolies are not good for distribution of goods or for customer choice. All we are asking
is a level playing field upon which to compete.
I close by offering that I, or a member of the SRC, will come to Washington to meet, to
answer questions and provide anecdotes or more market data. We will provide any additional
information you need. Hopefully, several of our members will also write to you to share their
personal stories. We want to sell renewable fuels! But the current point of obligation is simply
closing us down.
Please stop this RINsanity and let us compete in a fair, unbiased market.

Bill Douglass
14

See Bernard L. Weinstein , Renewable Identification Numbers (R!NS) Trading Under the Renewable Fuels
Program: Unintended Consequences for Small Retailers 6 (Aug. 2016) (report for Southern Methodist University
Maguire Energy Institute), availabl e at http:/ /smallretailerscoalition .com/wp-content/uploads/20 l 6/08/SMURetailer-RINS-analysis-8-17-1.pdf.

-16-

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000996
ED_001686C_00001081-00016

 To:
Cc:

From:
Sent:
Subject:

Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]; Black, Noel W.[NWBLACK@southernco.com]
Horton, Melissa H.
Mon 6/5/2017 3:35:38 PM
RE: Cell

Great! Please use Cont. Call # r·~;·;·~-~~~:~~-;i~~:~~~--1
Access Code:-·;,:~-~~~:,~:~;~;:~-:
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·~

i-·-·-·-·-·-·-·-·-·~

-----Original Message----From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov]
Sent: Monday, June 05, 2017 10:33 AM
To: Horton, Melissa H. <MHIGGINS@southernco.com>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Black, Noel W.<NWBLACK@southernco.com>
Subject: RE: Cell
Yes - that will work. Do you have a call-in number?
-----Original Message----From: Horton, Melissa H. [mailto:MHIGGINS@southernco.com]
Sent: Monday, June 5, 2017 11:18 AM
To: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Black, Noel W.<NWBLACK@southernco.com>
Subject: RE: Cell
Hi Mandy. I'm working with Noel on this meeting. I set up a call for us to speak today at 2pm. Let me
know if this works. Thank you!
Melissa
-----Original Message----From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov]
Sent: Friday, June 02, 2017 7:55 PM
To: Black, Noel W. <NWBLACK@southernco.com>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>; Horton, Melissa H.<MHIGGINS@southernco.com>
Subject: Re: Cell
Hey Noel,
Sorry it's been hard to connect. The date is set for June 19 starting at 1 pm at EPA HQ.
I hate to call now as I hope you've started your weekend. Does it work to connect early on Monday?
Best,
Mandy
Sent from my iPhone
> On Jun 1, 2017, at 11:13 AM, Black, Noel W.<NWBLACK@southernco.com>

wrote:

>

> Mandy,
>

> Running down the 19th. Fanning is not available but our COO Kim Greene is available ...She has been
very involved in the Kemper County Lignite Facility. Do you have a time and place?
>

> Also when you have a moment give me a call. ..a couple of other questions.
>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000997
ED_ 001686C _ OOOO
1082-00001

 > Thanks, Noel Black
> Vice President
> Federal Regulatory Affairs
> Southern Company
> .-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.
202.261.5024 office
> i Ex. 6 - Personal Privacy imobile
>
>

i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

> -----Original Message----> From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov]
> Sent: Wednesday, May 31, 201710:37 AM
> To: Jackson, Ryan; Black, Noel W.
> Subject: RE: Cell
>

> Hey Noel, Following up from our phone call below is the list of confirmed and tentative/invited
attendees. I'll update as appropriate. Let me know if you have any follow-up questions.
>

> Confirmed:
> Nick Akins, AEP
> Gerry Anderson, DTE
> Warner Baxter, Ameren
> Pat Vincent-Collawn, PNM
> Chris Crane, Exelon
> Leo Denau It, Entergy
> Tom Farrell, Dominion
> Ben Fowke, Xcel
> Lynn Good, Duke
> Sean Trauschke, OGE
>
>

> Invited:
> Southern Co.
> NRECA (top 3 to 5)
> Basin
> TRI-State
> APPA (top 3 to 5 from Cory)

>TVA
> LGE-KU
> LPPC
> Luminant
>
>

> -----Original Message----> From: Jackson, Ryan
> Sent: Wednesday, May 31, 2017 6:33 AM
> To: Black, Noel W. <NWBLACK@southernco.com>
> Cc: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov>
> Subject: Re: Cell
>

> Noel, we wanted to see if your CEO or appropriate representative could join a round table with the
Administrator on June 19 at 1pm in EPA for a couple hour stakeholder meeting with the Administrator on
next steps after the CPP.
>

> We are happy to talk further on this. Much appreciated.
>

> Ryan.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000998
ED_ 001686C _ OOOO
1082-00002

 >
>
> Ryan Jackson
> Chief of Staff
> U.S. EPA
>L-<-·
Ex. 6 ;.Personal Privacy ____j
>
» On May 30, 2017, at 10:21 PM, Black, Noel W.<NWBLACK@southernco.com> wrote:
>>
>> Mandy,
>>
>> Just seeing this my apologies.
>>
» My cell is i__E~_._s_:~=-~•?.~•~-~-~::.•~I.J
>>
>> I'll give you a call in the morning.
>>
» Looking forward to talking.
>>
>> Thanks, Noel
>> Southern Company
> 1_Ex. 6 - Personal Privacy _j
>>
>> Please excuse any typos ...this is coming from my iPhone.
>>
» On May 30, 2017, at 8:09 PM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>> wrote:
>>
>> Hey Noel,
>>
» I hope you are well. What's the best number to reach you? We are setting up the CEO utility round
table with the Administrator for June 19th at EPA and we'd love Mr. Fanning to attend.
>>
>> Give me a call when you have a secL Ex._s-_Personal_Privacy_:
>>
>> Best,
>> Mandy
>>
>> Sent from my iPhone

------------

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-000999
ED_ 001686C _ OOOO
1082-00003

 Lyons, Troy[lyons.troy@epa.gov]; Greenwalt, Sarah[greenwalt.sarah@epa.gov]; Rees,
Sarah[rees.sarah@epa.gov]; Jackson, RyanUackson.ryan@epa.gov]; Benton,
Donald[benton.donald@epa.gov]; Pruitt, Scott[Pruitt.Scott@epa.gov]; Schwab,
Justin[schwab.justin@epa.gov]
Cc:
'John Hall'Uhall@hall-associates.com]
From:
Telford Borough
Sent:
Wed 6/7/2017 7:22:48 PM
Subject: Call to Action letter
Ex. 1 - Endpont Report - Follow up Analysis.pdf
Ex. 2 - EPA-SAB-Peer Review Rpt.pdf
Ex. 4 - Dodds Report.2006.pdf
Ex. 5 - SAB Lake Erie Peer Review.pdf
Letter to EPA Admin Pruitt - Peer Review of Nutrient Endpoint Document - 6-6- 17.pdf
Transmittal Letter to PA Congressmen - 6-6- 17.pdf
Ex. 3 - Everett Memo - PaDEP 2002.pdf
To:

Dear Administrator Pruitt,
On behalf of the Southeastern Pennsylvania Nutrient Coalition, I submit a request for Peer
Review of EPA Region 3's TMDL Nutrient Endpoint Report. We believe this EPA document
creating stringent nutrient reduction requirements for Eastern PA waters is not scientifically
defensible and will misallocate millions of dollars in municipal funds toward unnecessary
construction of wastewater and stormwater facilities. These types of regulatory decisions should
be peer reviewed. We have asked our Senators and Congressmen to address this very
important issue with you and your office staff as well. Thank you for your consideration in this
critical matter and I look forward to your favorable response.
Sincerely,
Mark D. Fournier
Borough Manager
Telford Borough, PA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-0001000
ED_ 001686C _ OOOO
1085-00001

 Development of Nutrient Endpoints for the Northern
Piedmont Ecoregion of Pennsylvania: TMDL Application
Follow-up Analysis

Prepared for
United States Environmental
Agency

Protection

Region 3
Philadelphia, PA

Prepared by
Michael J. Paul, James Robbiani, Lei
Zheng, Teresa Rafi, Sen Bai, and Peter
Von Loewe
Tetra Tech, Inc.
400 Red Brook Boulevard, Suite 200
Owings Mills, MD 2111 7

18 July 2012

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001001
ED_ 001686C _ OOOO
1086-00001

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

TABLE OF CONTENTS

Table of Contents··················································································-·················································-··

ii

List of Figures··································-·················································-·················································-·····

iii

List of Tables ...................................•..........................................................................................................

v

1. Introduction

1

...................................

. ....................................................................................................

2. Revised Guidance ...............................

. .................................................................................................

1

.................................................................................................

2

. ............................................................................................

5

5. Data Analysis - Multiple Regression ............

. .......................................................................................

6

6. Data Analysis - regression within bins .........

. .......................................................................................

9

3. Conceptual

Model ...............................

4. Data Analysis - Correlations

...................

7. Model validation ...............................
8. Mechanistic

. ................................................................................................

19

. ............................................................................................

20

. .................................................................................................

23

Modeling...........................

9. Scientific Literature ..........................

10. Updated Endpoint Summary......................
11. Literature Cited ..............................

24

....................................................................................

26

. ...............................................................................................

ii

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001002
ED_ 001686C _ OOOO
1086-00002

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

LIST OF FIGURES
Figure 1- Steps in stressor-response

analysis (USEPA 2010). ·········································-···································
1

Figure 2 - Simplified diagram illustrating the causal pathway between nutrients and aquatic life use
impacts (Paul and Zheng 2007) .......................................................................................................................................
3
Figure 3 - More detailed conceptual model of the causal relationship between nutrients and
responses in streams (after USEPA 2010) .................................................................................................................
4
Figure 4 - Plot of first two principal components generated indicating axis 1 was associated with
the principal urban factors related to water chemistry (conductivity), flow alteration, and overall
urbanization (LDI scores and Imperviousness). Habitat condition was predominantly orthogonal to
the principal urban stressors. The percent value indicates how much of the variance in the data is
explained by each axis .......................................................................................................................................................
10
Figure 5 - Plot of first two principal components generated from second PCA indicating axis 1 was
again associated with the principal urban factors related to water chemistry (conductivity), flow
alteration, and overall urbanization (LDI scores and Imperviousness). .......................................................
11
Figure 6 - Box and whisker plot of TP concentrations (mg/L) across the three principal component
groups .......................................................................................................................................................................................
12
Figure 7 - Scatterplot of standardized TP concentration versus EPT taxa richness for MBSS
piedmont sites. red triangles are group 3 (most urban), blue circles group 2, and black crosses
group 1 (least urban). Black line is a loess smoothed fit through all the data ...........................................
13
Figure 8 - Scatterplot of standardized TP concentration versus EPT taxa for Group 1,Group 2, and
Groups 1 and 2 combined. Lines indicate TP lower quartile and average TP concentrations
associated with the EPT richness endpoint (8). Hatched lines are the 50% prediction interval... ......14
Figure 9 - Scatterplot of standardized TP concentration versus the percent intolerant urban metric
for MBSSpiedmont sites. Red triangles are group 3 (most urban), blue circles group 2, and black
crosses group 1 (least urban) .........................................................................................................................................
15
Figure 10 - Scatterplot of standardized TP concentration versus the percent clinger individuals
metric for MBSSpiedmont sites. Red triangles are group 3 (most urban), blue circles group 2, and
black crosses group 1 (least urban) ............................................................................................................................
16
Figure 11 - Scatterplot of standardized TP concentration versus percent intolerant urban metric
17
for Groups 1. Hatched lines are the 50% prediction interval. ..........................................................................
Figure 12- Scatterplot of standardized TP concentration versus percent clinger metric for Group 2.
:18
Hatched lines are the 50% prediction interval. .......................................................................................................

iii

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001003
ED_ 001686C _ OOOO
1086-00003

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

Figure 13 - Plot of TP versus EPT taxa richness for the MBSS (black triangle) and USGSChester
County datasets. The black lines indicate the locations of the approximate wedge shaped
relationship between invertebrate response and TP concentration. The outer decline in EPT
richness begins at a concentration of approximately 30-40 ug/L TP..............................................................
20
Figure 14 - Longitudinal profile of modeled and observed orthophosphate concentration (mg/L) in
Indian Creek The distance is meters from the mouth of Indian Creek Red dots are data and blue
line is model results ...........................................................................................................................................................
21
Figure 15 - Longitudinal profile of modeled and observed ammonia concentration (mg/L) in Indian
Creek The distance is meters from the mouth of Indian Creek Red dots are data and blue line is
model results .........................................................................................................................................................................
21
Figure 16 - Longitudinal profile of modeled and observed nitrate concentration (mg/L) in Indian
Creek The distance is meters from the mouth of Indian Creek Red dots are data and blue line is
model results .........................................................................................................................................................................
22
Figure 17 - Comparison of modeled and observed DO (mg/L) at Bergey Rd. Red dots are data and
blue line is model results ..................................................................................................................................................
22
Figure 18 - Predicted periphyton (chlorophyll a) before and after simulated phosphorus reductions
(Indian Creek, Bergey Rd sampling location). .........................................................................................................
23

iv

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001004
1086-00004
ED_ 001686C _ OOOO

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

LIST OF TABLES
Table 1 - Correlation matrix among physical and chemical variables in the MBSSdataset used.
6
Values highlighted in blue were significantly correlated and > 0.5 ...................................................................
Table 2 - Correlation matrix between physical and chemical variables and the biological metrics
that compose the MBSSPiedmont multimetric index. Values highlighted in red were significantly
correlated. ·····································-········································································································································
6
Table 3 - MLR model summary of stepwise regression for the intolerant percent urban invertebrate
metric .........................................................................................................................................................................................
8
Table 4 - MLR model summary of stepwise addition for the intolerant percent urban invertebrate
metric .........................................................................................................................................................................................
8
Table 5 - MLR model summary of stepwise regression for the Ephemeroptera taxa invertebrate
metric .........................................................................................................................................................................................
8
Table 6 - MLR model summary of stepwise addition for the Ephemeroptera taxa invertebrate
metric .........................................................................................................................................................................................
9
Table 7 - Summary of interpolated TP concentrations (µg/L) associated with target response
metric thresholds for different groups (bins) of sites based on urban intensity .......................................
19
Table 8 - Summary of candidate endpoints for each of the analytical approaches discussed ...............24

V

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001005
ED_ 001686C _ OOOO
1086-00005

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

1. INTRODUCTION

The United States Environmental Protection Agency (USEPA) in Region 3 continues to
oversee the development of nutrient TMDLs to protect aquatic life use for several streams
in the Northern Piedmont ecoregion of southeastern Pennsylvania. Tetra Tech, Inc (Tt) was
contracted to establish appropriate and defensible TMDL endpoints for nutrients that
protect aquatic life uses in this ecoregion. For that original work Tt developed TMDL
endpoints using a multiple lines of evidence approach consistent with USEPAguidance
(USEPA 2000a, 2000b) that included reference distribution based, stressor-response based,
and scientific literature based evidentiary lines and which were reported to USEPA (Paul
and Zheng 2007).
In 2010, USEPA published revised guidance for conducting stressor-response analyses in
support of nutrient criteria derivation (USEPA 2010). In response to that revision, Tt was
asked to conduct additional analyses in support of the original report and to recommend
values associated with the additional analyses that may be considered with the original
lines of evidence in revising the TP endpoints. It is important to note that this report does
not replace the original analysis, but rather adds to it. In particular, no additional reference
distribution based endpoints are being
derived, and only one additional piece of
scientific literature is being added that was
published subsequent to the original report
and may have relevance for this region.
Lastly, results from a mechanistic model of
Indian Creek targeting specific algal
endpoints are being included in this report
as an additional line of evidence.

2. REVISED GUIDANCE

Derive
candidate

The revised guidance lays out a 4 step
process (Figure 1) which was essentially
followed in the original analysis: developing
a conceptual model, assembling and
Figure
Steps in str ess or-r esponse ana lysis (USEPA
exploring the data, analyzing the data to
2010).
derive candidate criteria, and reviewing and
documenting the analysis. This document
begins with a discussion of the conceptual model in more detail following the 2010
guidance. It then skips the second step since no additional data were added and the data
1

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001006
ED_ 001686C _ OOOO
1086-00006

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

selection, assembly, and exploration, covered in the original document, remain unchanged.
Step 3 is the principal focus of the document, explaining and reporting on the additional
analyses conducted. This report satisfies step 4's element related to documenting the
analysis.
Ultimately, the stressor-response modeling efforts are conducted to identify a nutrient
threshold to protect Piedmont stream macroinvertebrates from nutrient impacts. It is
preferable that this be done in a way that is not confounded by other stressors, which could
result in errors in estimating a protective nutrient concentration, and the USEPA (2010)
provided guidance to better achieve this goal. It is well known that certain sources, for
example urbanization, produce a range of stressors, including, but not limited to, nutrients
that can affect aquatic life in streams. The revised conceptual model effort in this report
builds off the original conceptual model and attempts to identify other stressor pathways by
which the response variable could be impacted by the dominant stressors sources in the
watershed and ecoregion. This is done, in part, to help guide the consideration of other
stressors for modeling so the unique effect of nutrients on responses relative to the other
stressors could be better estimated. After identifying potential additional stressors with the
conceptual model, their relationship to both nutrients and responses was estimated with
correlation analysis. Multiple regressions were then conducted to compare the predictive
strength of these different stressors and evaluate how significant nutrients remained.
Finally, sites were classified into dominant stressor source classes to better isolate the
unique effect of nutrients on the response and estimate a more appropriate and protective
nutrient concentration for protecting aquatic life in Piedmont streams.

3. CONCEPTUALMODEL
Nutrients affect aquatic systems in diverse ways, and the effects on most non-primary
producer aquatic life uses are indirect. The original ecoregional TMDL analysis was based
on a simplified conceptual model that was, nonetheless, used to "depict accepted scientific
knowledge regarding the effects of nitrogen/phosphorus
pollution in surface waters"
(USEPA 2010) and thereby reinforce the presumptive causal relationship and guide the
analysis (Figure 2).

2

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001007
ED_ 001686C _ OOOO
1086-00007

 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

DO
Plant/ Algal
Growth

Aquatic
Life

Nutrien
Light
Flow
Temperature
Substrate
Water Chemistry
Herbivory
Competition

Use

Microbial
Growth

Figure 2 Simp lified diagram illustrating
and Zheng 2007) .

Food

the causa l pathway betwee n nutrients

and aquatic life use impacts (Pau l

The revised guidance provides a more detailed conceptual model that can be adapted for
similar application (Figure 3). Blue boxes indicate primary elements relevant to the current
analysis. Specifically detailed are the dominant urban point and non-point pollutant
sources generating nutrient stressors (orange box), as well as stressors that co-occur with
nutrients such as sediment, flow, and toxics arising from similar sources that may confound
the stressor-response analyses. The model is consistent with the presumptive causal model
presented earlier and the guidance reviews the substantial literature in support of the
causal linkages (USEPA 2010). An essential insight from the causal model in Figure 3 is the
identification of alternate potential stressors that co-vary with nutrients such as flow,
sediment, and toxics data. If available, these should be evaluated for their potential to
confound results. As explained above, these other variables have negative effects on
macroinvertebrates, their co-occurrence with nutrient stressors could interfere with the
nutrient response and this needs to be evaluated to the extent possible. Toxics data were
not available within the ecoregional dataset, so conductivity was used as a surrogate for
other dissolved pollutants. Also, habitat data were considered to control for the
confounding effect of sediment and scouring on habitat mediated impacts on
macroinvertebrates. The goal of subsequent analyses, therefore, was to consider and
account for some of these covariate effects.

3

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001008
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Agricultural

.. NonpointSources

t nuisance
plants/algae

ll rood
quality

Rern~e11on
Figure 3 More detailed conceptua l mode l of the causal re lationship
stre ams (after USEPA 2010)

DrinkingWaterSupply

between nutrients

and responses

in

In the original empirical models, biological metrics from the Maryland Biological Stream
Survey (MBSS) piedmont index were used since this was the most substantial dataset
available for the piedmont ecoregion (MDNR 2005). Since the goal of the analysis was to
identify thresholds inimical to aquatic life, these data were appropriate. Also, absent
specific numeric aquatic life use endpoints for these metrics in Pennsylvania, the middle of
the MBSSindex and component metric scoring ranges were used as response goals in the
regression models, where such endpoints were needed. For example, the median of the
Ephemeroptera, Plecoptera, and Trichoptera (EPT) taxa richness metric scoring range was
8 taxa (MDNR 2005), this is the midpoint between poor and good scores for this metric in
the MBSSindex and was used as the response target in the regression models below.
Higher, more stringent targets could have been developed to assure greater likelihood of
protection, but this value was defensible as a mid-range threshold. These middle values
were also between the 10 th and 50 th percentile of MBSSpiedmont reference site biological
metric values, which is consistent with thresholds commonly used for defining biological
targets and within the range ultimately proposed by Pennsylvania Department of
Environmental Protection (PADEP) for their own evolving macroinvertebrate index
(Barbour et al. 1999, PADEP 2009).
The metrics selected by MBSSfor their piedmont ecoregion index include the number of
taxa, number of EPT, the number of Ephemeroptera taxa, the percent of individuals of
intolerant urban taxa, the percent of individuals that are chironomids, and the percent of
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individuals classified as clingers. The PADEP (2009) used similar metrics: number of taxa,
number ofEPT taxa, Beck's index, Shannon diversity, Hilsenhoff s biotic index, and the
percent individuals from intolerant taxa.

4. DATA ANALYSIS - CORRELATIONS
The goal of this subsequent analysis was to evaluate the effects of confounding or covarying
stressors on nutrients, to attempt to refine the analysis to account for those effects, and to
document the results. One approach recommended in the revised USEPAguidance was to
attempt to classify the data into bins or classes of similar covariate distributions to control
for the effects of these covariates and isolate, as much as possible, the independent effect of
nutrients. This was attempted in two ways: propensity scores and manual binning.
Propensity score analysis is explained in the guidance (USEPA 2010) and is an analytical
approach that controls for the effects of covariates by using them to generate predicted
nutrient concentrations, called propensity scores, whose predicted value is a function of the
covariation. Propensity scores are then split into several bins, within which the
approximate distribution of covariates is similar and the effects of nutrients can be
independently evaluated. The first step in the analysis is identifying nutrient covariates. A
correlation analysis between nutrients and other likely stressors was conducted. Data were
standardized to the mean and standard deviation of all values and log-transformed as
necessary beforehand to meet assumptions of constant variance for the correlation,
multiple regression, and principal components analysis. Those analyses were performed
using Statistica software. This standardization allowed for an equal comparison of variable
effects independent of differences in magnitude and range, which helped these analyses.
For the simple linear regression model to estimate TP endpoints, however,log 10 transformed TP concentrations were used as in the original report.
Little or no correlation between nutrients and other stressors, both chemical and physical,
was observed. Highest correlations with TN were with DO (positive), sulfate (negative), and
flow (positive). With TP, the highest correlations were with turbidity (positive), sulfate
(positive), embeddedness (positive), and epibenthic substrate habitat (negative). These
results are consistent with a covarying effect of nutrients and sediment, but were
insufficiently strong to recommend propensity score analysis.

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Tab le 1 Correlation matrix among ph ys ical and chemical variables in th e MBSS datase t used. Valu es highlighted
blue were sig nifica nt ly correlated (p<0 .05 and r>I0 ,5 1)

0.061
0.099
0.239
-0.109
-0.070
-0.220
-0.011
0.002
0.043
-0.077

-0.059
0.051
0.120
0.269
0.283
-0.145
-0.194
0.231

0.248
0.239
-0.059
-0.029
-0.130
-0.181
-0.234
0.209
0.293
-0.193
0.232

0.283

0.001
-0.141
0.162
0.049
0.115
0.274

-0.065
-0.205
-0.255
0.263
-0.112

0.001
-0.182
-0.236
0.213
-0.034

0.015
0.002
-0.145
0.209
0.162
-0.205
-0.182
-0.101

0.043
-0.194
0.293
0.049
-0.255
-0.236
-0.156

-0.077
0.231
-0.193
0.115
0.263
0.213
0.163

in

0.142
0.128
0.232
0.274
-0.112
-0.034
0.138

-0.101
-0.156
0.163
0.138

Given the weak correlation between nutrients and other stressors, and essentially only
weak covariation, it was decided that propensity score analysis was not necessary.
However, correlations between biological responses and stressors other than nutrients
were evident (Table 2). As a result, it was felt that it was still necessary to attempt to tease
apart the effect of nutrients after controlling for other stressors. This was done in two
different ways.
Table 2 Corre lation matrix between ph ys ical and chemical variab les and the b iolo gica l me tric s that compose the
MBSS Piedmont multimetric ind ex. Values hi ghli ghted in red were significa n tly corre lated .
Spearman Rank order corre1at1ons

-0 268
0 147
-0 183
0.022
-0 159
-0107

0 200
0.058
0 263
0 257

-0 280
-0 286
-0 231

-0 389
-0 553
-0 569

-0 411
-0 492
-0434

0.025
-0171
-0.061

0 247
-0231
0 327
0 111
0 289
0 240

-0 332
0 412
0 138
0 383
0 302

0 300
-0 353
-0.077
-0 328
-0 238

0.007
0.075
0.051
0.089
0112

The first was through the use of multiple regression models to compare and explore the
contributory effects of different stressors simultaneously and the second was through
binning sites by urban intensity, which will be discussed in sections 5 and 6.

5.

DATA ANALYSIS - MULTIPLE REGRESSION

Multiple linear regression (MLR) models were generated to predict invertebrate metric
scores across MBSSpiedmont sites using forward stepwise selection (F to enter = 4 ). This
analysis was intended to compare stressor predictors and identify and support the basis for
the independent effects of nutrients in this multi-stressor environment.

6

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Simple linear regression is a statistical method that generates a predictive empirical model
that estimates the effect of a single predictor (e.g., nutrients) on a response variable (e.g., a
benthic metric). Alternatively, one may believe that multiple predictors (e.g., sediment and
nutrients) influence the response variable and one can construct a model that predicts the
effect of many variables on the response simultaneously. In these multiple regression
models, then, the resultant model identifies more than one predictor to estimate a response
condition. Various statistical methods exist that guide selection of the order of predictors in
a multiple regression model. For this expression, a forward stepwise procedure was used,
which adds predictors to a model based on the significance of their effect on the response.
The most significant effect is added first, then the model compares the significance of the
remaining predictors and adds the one providing the second most significant prediction,
and so on until no additional predictors that meet the significance requirement for entry in
the model are identified. The result is a multiple predictor model that predicts the
responses. Multiple regression modeling allows one to compare the significance of different
predictors, but it was also used here to verify the continued significance of nutrient
predictors after accounting for other stressors on macroinvertebrates, which was important
in continuing to argue for the importance of nutrients to invertebrate responses. For the
intolerant percent urban individual taxa metric, MLRmodels still included TP as a
significant negative predictor in the model (Tables 3 and 4); in fact, TP was the second most
predictive variable after conductivity. Conductivity is a frequent stressor associated with
urbanization and was highly correlated with pH. Other predictors included turbidity, flow,
and habitat conditions, but the latter all explained less additional variance than TP.
The other metric for which TP entered an MLR as a significant predictor was for
Ephemeroptera taxa (Tables 5 and 6). In this case, TP explained less variance than for
intolerant percent urban taxa, but TP had a significant negative effect on the model
prediction.
These results strengthen the argument for an independent effect of TP on
macroinvertebrate taxa in Piedmont streams that is consistent with the causal conceptual
model presented in the original report and the updated model presented above. There are
several variables that contribute to predicting invertebrate declines in the Piedmont, but TP
is defensibly one of them. The next analysis attempts to develop TP thresholds while
controlling for these other stressors and focused specifically on urban effects and binning
sites by urban intensity.

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Table 3 MLR model summary

of stepwise regression

for the in to lerant percent urban inv ertebrate

Regression Summary for the Dependent Variable of lrtolerant Urban%
b* Standard Error of b'
Standard Error of b t(330)
b
27.139
1.912
14.195
Intercept
-0.499
-14.854
-10.182
Conductivity
0.049
1.459
-4.251
-3.249
0.043
1.308
Total Phosphorus -0.139
-0.157
-4.637
-3.694
0.042
1.255
Turbidity
-0.198
-10.666
-4.266
Flow
0.047
2.500
0.221
0.047
6.604
1.404
4.702
EPI Substrate
-0.101
-3.026
-2.049
0.049
1.477
pH
R= .69996489 R 2 = .48995084 AdJusted R2= .4806772
F(6,330)=52.833 p<0.0000 Standard Error of estimate: 21.445
N=337

Table 4 MLR model summar y of stepwise addition for the intolerant

Summary of Stepwise Regression of Intolerant Urban%
Multiple R Multiple R-square
Step
1
0.576
0.332
2
0.631
0.398
3
0.656
0.430
4
0.672
0.451
0.483
5
0.695
0.490
6
0.700

Tab le 5 - MLR model summary

of stepwise regression

percent urban invertebrate

R-square change F -to remove
0.332
166.171
0.066
36.785
0.032
18.633
0.021
12.914
0.032
20. 713
0.006
4.199

for the Ephemeroptera

metric.

p-\0lue
0.00000
0.00000
0.00128
0.00026
0.00003
0.00000
0.04123

metric .

p-value
0.00000
0.00000
0.00002
0.00038
0.00001
0.04123

Variables
1
2
3
4
5
6

taxa invertebrat e metric.

Regression Summary for the Dependent Variable Epherreroptera Taxa
Standard Error of b*
b*
b
Standard Error of b t(332)
2.779
0.102
27.201
Intercept
-1.261
-12.232
-0.531
0.103
Conductivity
0.043
0.508
0.109
4.650
Total Nitrogen
0.206
0.044
0.279
0.110
2.536
0.112
0.044
Dissolved Oxygen
-0.220
-2.063
-0.090
0.107
0.044
Total Phosphorus
R= .62131600 R 2 = .38603357 Adjusted R 2 = .37863639
F(4,332)=52.187 p<0.0000 Std.Error of estimate: 1.8712
N=337

p-\0lue
0.00000
0.00000
0.00000
0.01166
0.03985

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Table 6 MLR model summary

of stepwise addition for the Ephemeroptera

0.604
0.615
0 .621

0.365
0.378
0 .386

0.046
0.014
0 .008

taxa invertebrate

24038
7.302
4 .258

metric.

0.00000
0.00724
0 .03985

2.000
3.000
4 .000

6. DATA ANALYSIS - REGRESSIONWITHINBINS
There was substantial evidence that, in this ecoregion, urbanization was associated with
several stressors including nutrients and TP, consistent with the conceptual model. This is
likely due to both point and non-point TP sources that have been demonstrated to deliver
this particular pollutant. The conceptual model identifies some of these - namely flow
alteration, sediment, and other toxics. Fortunately, variables related to these stressors were
available and many were used in the MLR demonstration above to verify the independent
significant effect of nutrients in the presence of these multiple stressors.
The ultimate goal of this analysis was to strengthen the defensibility of TP threshold
concentrations developed to protect aquatic life in Piedmont streams for the purposes of
TMDL modeling. A concern, indicated above, was that other stressors may be confounding
the ability to identify the most defensible endpoints. One element that became clear during
the analysis was that urbanization may actually be responsible for several stressors that cooccur with nutrients, likely impact invertebrates as well as nutrients, but may be
confounding the ability to create the clearest model of nutrient response for the purposes of
developing a TP target to protect aquatic life. Conceptually, if the impact of these urban
stressors could be isolated and/ or reduced, then a clearer model of nutrient response could
be developed and TP thresholds identified for the target aquatic life use endpoints when
these co founding effects were minimized. Such approaches are recommended in the new
stressor-response guidance (USEPA 2010). Therefore, an attempt was made to identify the
urban effect and focus on identifying a gradient minimally impacted by these co-occurring
urban stressors. The first step was to identify the urban gradient and this was addressed
with principal component analysis.
A principal components analysis (PCA) was used to construct a model that created a

predominantly urban gradient (Figure 4). PCA is a multivariate analysis that reduces the
variance among multiple factors into a few dimensions associated with the dominant
gradients. Only the first principal component was used since it represented the majority of
the variance (59%) and was associated with urbanization (e.g., imperviousness,
conductivity, development, and flashiness). Given the orthogonal effect of the habitat
metric to urbanization, it was removed, and a second PCA was conducted to construct the

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final urban gradient, the first axis of this second PCA explained 70% of the variability in the

1.0

0.5

Conductivity
Q)

NU

0 -~
u
ro
~ > 0.0
<( ~

0 t--0...

~

-0.5

-1.0
-1.0

-0.5

0.0

PCA Factor 1
58.55% of Variance

0.5

1.0

Variables

data (Figure 5).

Figure 4 Plot of first two principal components generated indicating ax is 1 was assoc iated with the p rincipa l urban
factors re lated to water chemist r y (conductivity), flow a lteration, and overa ll urbanization (LDI scores and
Imper viousness ) . Habitat condition was pr edominant ly orthogonal to the pr incipa l urban s tressors. The percent
va lue indicates how much of the variance in the data is explained b y each ax is.

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1.0

0.5

G)

~

.8

u

-~

ro

al:;:'. 0.0
LL o
<( ~

oo

o...~
-s:r'

-0.5

-1.0
-1.0

-0.5

0.0

PCA Factor 1
70.24% of Variance

0.5

1.0

Variables

Figure 5 Plot of first two p rin cipa l components gene ra ted from s econd PCA indicating axi s 1 was a gain associated
with the pr incipa l urban factors r elat e d to water chem istry (conductiv ity) , flow alteration, an d ov era ll urbanizat ion
(LOI s cor es and Imperv iou s ness).

The first axis of the second PCA was split into 3 equal sized bins from group 1 (highest third
of principal component axis 1 values, least urban) to group 3 (lowest third of principal
component axis 1 values, most urban). Total phosphorus concentrations overlapped across
the three groups, but central tendencies were highest for groups 2 and 3 (Figure 6). The bin
groups were used to color-code the sites in plots of TP versus EPT taxa richness and percent
intolerant urban taxa, two of the metrics more strongly related to TP.

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Box plots of Principal Component Analysis Groups

0.05

0.04
(/)

2
0

.r:::.

g-:::;0

°'

.r::. E
0... ~

0.03

ro
0

1-

0.02

0.01

Group 1

Group 2

Group 3

Principal Component Analysis Groups
(Grouped by thirds. from highest PCA factor values

Figure 6

Box and whisker p lo t ofTP concentrations

in Group 1. to Least in Group 3)

D Median
25%-75%
Non-Outlier Range

0

I

(mg/L) across the three principa l component

groups.

The resultant figure (Figure 7) indicates that group 3 sites (most urban) were frequently
associated with sites scoring low for EPT taxa richness when TP concentrations were low.
This group represents a large confounding effect on the EPT vs. nutrient relationship for
Piedmont streams because these sites have generally low TP and low EPT richness, so are
presumably primarily impacted by other stressors than nutrients. This analysis allowed us
to isolate the conflicting effects of the urban stressors and focus more specifically where TP
effects were strongest in order to better identify a protective TP threshold estimate for this
region. Simple linear regression interpolative models (Figure 8), as recommended in the
revised guidance (USEPA 2010), were then used to infer protective concentrations of TP
associated with the adverse response condition for this metric (8 EPT taxa) with the
confounding group 1 sites removed, and it can be seen that the nutrient response was even
stronger (steeper slope and increased regression coefficient than the original models). The
range in TP concentrations associated with the interpolation of EPT taxa richness of 8 taxa
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with the lower 50 th percentile prediction interval, a conservative prediction interval
estimate, and the average predicted value was 10 to 85 µg/L. Groups 1 and 2 also produced
independent linear models that were significant. The group 2 model was the most precise
(r 2 = 0.16) and the predicted TP values associated with the EPT taxa richness endpoints for
the lower quartile and average predictions ranged from 10 to 60 µg/L.
Plot of EPT Taxa against Total Phosphorus
(Associated Principal Component Analysis Groups Dep

20

+

18

+

+

+o
0

0

E!.l+

o +

OE!.lE!.l

14

0

O + + L++

+

0$

12

~

co 1-

±

+o

0

OCID

+

0 al + E!.l
+O O

0

0

O ++

O

+

+

E!.l+Ot-

0

0 0

0
LO

fi'lti::
I- w 10

++

I- 0
0... ~

wll

§

PCA Groups
~ Group 1
'&_,_Group2
~Group3

+

LO

0

16

ro

icted)

.-------.--------.---------r------,-----~-----1r------,,

0

0

8

~

+

+ +

0

0

CD

6

0

+

±

0
4

LO
2

+

±
M

+

00

0

0

0

0

0

-2

-1

0

2

3

4

5

Total Phosphorus
(mg/L - Log10 Transformed and Standardized)

Figure 7 Scatterplot of s tandard iz ed TP concentration versus EPT taxa richn ess for MBSS piedmont sites. red
triangles are group 3 (most urban) , b lue circles group 2, and black cross es group 1 (least urban). Black line is a Joess
s moothed fit through all the data.

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PCAGroup1 & 2 - EPTTaxaagainstTotalPhosphorus
LinearFitwiltl50'11,
Prediction
Interval•
20 ...------------.-----.----.----.---

-

...---..----,---.-

----,.

--

--,

• •
18

•

•

• •

• •

2

-

0
.24

-2.2

-U

-14

-08

OJJ

TotalPhosphorus
(m~L • Log10Trantformed)

Figur e 8 Scatterplot of standardized TP concentrati on versus EPT tax a for Group 1,Group Z, and Groups 1 and 2
combined. Lines indicate TP lower quartile and average TP concentrations associated with the EPT richness endpoint
(8). Hatched lines are the 50% prediction in terva l.

Similar analyses were conducted for percent intolerant urban and percent clinger metrics
(Figures 9-12). These same metrics once again indicate a strong confounding effect of the
most urban group (group 3), affecting the sites with low metric values and low TP values
(Figures 9 and 10). Once again, by looking at the groups independently and groups 1 and 2
combined, the confounding effects of these urban covariates could be reduced allowing a
clearer focus on the threshold TP concentration associated with adverse metric conditions
in piedmont streams (Figures 11 and 12).

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Plot of Intolerant Urban% against Total Phosphorus
(Associated Principal Component Analysis Groups Dep

+
+

Q

PCA Groups
"'Group
1
'&_,_Group2
~Group3

0

+

0

+

0

+ (j)o

+
+

icted)

+

+

+

0

+

80

+
0

+

0

0

0

60

++

+

<;> 0

0

0
0

0

+

0

+
0

40

o~o
(j)

20

+

+

+

2

0

0
0

0

0

6

0

0

00

+
+
+

0
0

-2

-1

0

0
0

2

3

4

5

Total Phosphorus
(mg/L - Log10 Transformed and Standardized)

Figur e 9 Scatterplot of standardized TP concentration versu s the percent intolerant urban metric for MBSS
piedmont s ites. Red triangles ar e group 3 (most urban) , blue circles group 2, and black cros s es group 1 (least urban).

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Plot of Clinger% against Total Phosphorus
(Associated Principal Component Analysis Groups Dep
100

icted)

PCA Groups
"'Group
1
'&,,_Group2
~Group3

0

6
+
+

80

0

Ll

0
+ 'f 2 8+
+
+
+
+ ++ 0 0
+ 0 (i)O+oc
+ ¢i'j)o oo
0
Cj) +
0
0

0
0

(j;)

0

o""
+

0

0

0

+

+

+

~

0

60

0

40

0

+ +

0

+

+

0

+
0
0

0

20

0

+

0
0

0

0

-2

-1

0

2

3

4

5

Total Phosphorus
(mg/L - Log10 Transfo rmed and Standardized)

Figure 10 Scatterplot of standardized TP concentration versus the percent clinger indiv idual s metric for MBSS
piedmont sites. Red triangles are group 3 (most urban), blue circles group 2, and bl ack crosses group 1 (least urban).

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PCAGroup1 - Plotof IntolerantUrban% againstTotalPhosphorus
LinearFilwiCh
50'11.
Prediction
lnterv1l1
- .-- --..---..------------------,-----,

101!,----.----,----.---

•
10

•
-2 0

-18

-16

-14

-08

.0.6

.O,f

OJJ

TotalPhosphorus
(ml>'l• log10 Tr1n1form1d)

Figure 11 Scatter pl ot of standardized TP concentration
Hat ched lines are the 50% pred ic tion interval.

versus percent intolerant

urban metric for Groups 1.

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

PCAGroup2 Plotof Clinger% againstTotalPhosphorus
Line1r Filwilh58% PredidionlnteNalt

1DU,-----,.----,----.---...-----.----,----,----..-----.----.---...-------.

•

•

20

10

-2.0

-1 6

-1.0

-0.8

-02

no

TotalPhosphorus
(mgll - log10 Tren1formed)

Figure 12- Scatterp lot of standardized
the 50% prediction interva l.

TP concentration

versus percent clinger metric for Group 2. Hatched lines are

The range in TP concentrations interpolated from the intersection of the metric threshold
values for percent intolerant urban (31.5%) for group 1 sites (r 2 =0.139) was 16 to 78 µg/L
and for group 2 sites (r 2 =0.105) was 8 to 82 µg/L. Similar interpolated values for the
percent clingers metrics (metric threshold= 52.5%) was 8 to 52 µg/L for the lower quartile
and average prediction, respectively, for group 2 sites (r 2 =0.137). Using group 1 and 2
combined for percent intolerant urban and group 1 and group 1 and 2 combined sites for
the percent clinger models did not produce significant predictions.
Table 7 summarizes the prediction ranges from the different simple linear regression model
predictions of TP for the three metrics explored.

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

Table 7 Summary of interpolated TP concentrations
(µg/L) associate d with target response
differ ent groups (bins) of sit es based on urban intens ity.

metric th res h olds for

Interpolated TP (ug/L)
Metric
EPTTaxa
Percent Intolerant Urban
Percent Clingers

Groups
Group 2
Groups 1 and 2
Group 1
Group 2
Group 2

lower quartile
10
10

16
8
8

average
60
85
78
82
52

7. MODEL VALIDATION
There was a desire to provide some validation of the model linking invertebrate response to
nutrients with independent data, consistent with revised USEPAguidance (USEPA 2010) to
strengthen the basis for the inference. Data from USGSon stream nutrient concentrations
and invertebrate metric response was made known to EPA (Rief 1999, 2000, 2002a,
2002b ). These data were collected with similar but distinct sampling methods and to
different fixed counts than the MBSSsample data. When the data were corrected with
simple rarefaction to estimate taxa richness using a comparable number of individuals as
recommended by basic ecological theory, what is evident from the rarefaction exercise is
even given the difference in sampling habitat and sampling design, rarefied samples fit
within the wedge shaped plot identified in the original relationship (Figure 13), supporting
the original observation that invertebrate richness decreases with increasing nutrient
concentrations and that this general decline begins at approximately 30-40 µg/L.
Additional corrections for differences in the habitat and sampling design would likely
improve the fit These data support the trends observed in the MBSSdata and provide
independent reinforcement for the causal model.

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

0

-!-------,-,.._,__....,...,...,..___...,._.....,..,...._-,--,............,..,.,.._...._...

0.001

0.01

___

...,_~~----~~~,-<

0.1

10

Total Phosphorus (ug/1)

Figure 13 Plot of TP versus EPT taxa richness for the MBSS (b lack tr iangle) and USGS Chester County datasets. The
black lines indicate th e locations of the approximate wedge s haped r elationship between in vertebrate response and
TP concentration.
The outer decline in EPT richness b egins at a concentration of approximate ly 30-40 ug/L TP.

8. MECHANISTICMODELING
Another line of evidence considered in the analysis of data for developing thresholds that
was not included in the original report, was the use of a mechanistic model to estimate TP
concentrations associated with adverse benthic algal concentrations in a Piedmont stream
in Pennsylvania. A dynamic linked process model of Indian Creek using the Generalized
Watershed Loading Functions (GWLF) and EPA's Environmental Fluid Dynamics Code
(EFDC) was developed and used to evaluate average TP concentrations associated with
exceeding a target benthic chlorophyll a density of 100 mg/m 2 , a density on the
conservative end of that frequently cited as a nuisance concentration (e.g., Dodds and Welch
2000, Suplee et al. 2008).
Watershed loads were simulated using GWLF and the in-stream water quality results were
predicted using EFDC.The linked modeling system considers the loadings of nitrogen and
phosphorus from all sources including point sources and non-point sources. The point
source discharges of flow and nutrients were obtained from USEPA's DMR database. The
non-point sources of runoff and nutrients are simulated using the GWLF model.
The GWLF model was first calibrated using observed data to ensure correct representation
of the runoff and loading yield processes. Runoff and nutrient load predictions from GWLF

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

were then input to the EFDC model. The EFDCmodel simulates the transport of nutrients
and other dissolved or particulate materials from upstream to downstream in the creek It
also simulates water temperature dynamically using weather data. The simulated water
temperature is passed to EFDC's eutrophication module to model dynamics of benthic algae
under the influence of water temperature, available solar radiation, and available nitrogen
and phosphorus. Continuously observed DO data and grab samples of nutrients were used
to support model calibration, which involved determining key benthic algae parameters
including growth rate, metabolism rate, and excretion rate.
Figures 14 through 17 are examples of the Indian Creek EFDCmodel calibration results. No
benthic chlorophyll a data were available for calibration; DO was used as an indicator of
benthic algae based on the understanding that the DO fluctuation is mainly caused by the
benthic algae in Indian Creek A detailed discussion of model configuration, calibration, and
application can be found in the EPA's Indian Creek TMDL report (EPA 2008).
1.0 ......-- - - -----l\lla 10 P04

~

0.8 ---"------------0.6 +------

CL

0.4

------

- - ------

--

- ------,,A,----

--

-----:;r

---

'----

->r- --

-l- ------ - -- --= ~:___------\--0.2 +_-_-__-_-t_!-_-_-__-_-_--::~--=----------------\-

- -----..

- ----1
-

--

-;

- -----1
-------1

0.0 -----------,,------------,---....._--.-----

2000

0

4000

6000

8000

10000

12000

Figure 14 Lon gitudina l pro fil e of m ode led and ob serv e d ort h opho s pha t e con centration (mg/ L) in Ind ian Cre ek. Th e
di st an ce is mete r s from the mou th of Indian Creek. Red clots are dat a a n d b lue line is m ode l r es u lts .

0.5 - - ---------------------------l\llav 10 NH4

0.4 ..J----'-""-"------=------'---------------------------------1
~
:c

Z

03------------------------------1
.
0.2 -+----------------------------------1

--

0.0

.e::==!::
- :::====:::=:=========::!:::=::::::::::==--......-----J
0

- --

- - - -----.-----------------

•

0.1

2000

4000

6000

--!
8000

10000

12000

Figure 1 5 - Longitudinal profile of model e d a nd ob se rv e d ammonia con cent rat ion (m g/L) in India n Cre ek. Th e
distan ce is m eter s from th e mouth oflndian Cre ek. Red dot s ar e data and blue line is mode l r esu lts .

21

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10.0 -------------------8.0

1\/lav10 N03

,4---'C-------------------------------4

M

6.0 --

z

4.0 -111
•li------------------

0

2.0
0.0

•

-------------

---

.----

---------- --------

-:;;;,"
"°'
~-_,,_ _______

'

---;

i=~ =--=========--~=------_.:,,~'\_
--+------.------r-------,-------,..----....;;.;.....;;,;,--,------l

0

2000

4000

8000

6000

---1

10000

12000

Figure 16 Longitud ina l profile of mode led and observed nitrate concentration (mg/L) in Indian Creek. The distance
is meter s from the mouth of Indian Creek. Red dots are data and b lue line is model re s u lts.

8

30.0 ......- - - - ------------------· •----------------------<
25 _0 ......-B=ER~G=EY=~OO=
20.0 - --=-- - ------ -15.0 -.P.,,---,f--1,--1--+
10.0 rt- -t--+--,
!'-- "'t---t-r--t-5.0 -+-''-------l,:;;::+--4--::;,1----"'-'---~---

- ----.

- .,--- -----.------

o.o------..---------,----05/05/06
Figure 17 Comparison
line is mode l r esu lts .

05107/06

--1.._...---

.......
-----....-----05/09/06

of mode led and ob se rv ed DO concentration

05/1 1/06

05/13/06

05/15/06

(m g/L) at Ber gey Rd. Red dots ar e data and blue

After the model calibration parameters were determined, the model was applied to examine
the level of nutrients required to achieve the desired average benthic algal density of 100
mg/ m 2 , of chlorophyll a. The process was iterative with some initial estimates regarding
reduction of nutrients. No other factors, including solar radiation and water temperature
were changed.

As nutrient loads were reduced, the resulting chlorophyll a levels were compared to the
target benthic density (100 mg/ m 2 ). Results indicate that when average TP concentrations
are between 20-33 µg/L in Indian Creek, average benthic chlorophyll a levels are predicted
to remain near the 100 mg/ m 2 desired threshold. These levels are slightly lower
than/consistent with the average TP concentration targets derived by the multiple lines of
evidence approach. Figure 18 shows predicted chlorophyll a levels for existing conditions
and after reduction conditions at the Bergy Road location. These are directly resulting
from reduced TP inputs.

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

600.0 ~-----------------~

1- 500.0

------ --------------1----------i-------l

c,

E
-;- 400.0

---j----

--1---

-----------j

-

After reduction

-

Existing

>,

-g_300.0

+--------j

---

--------------------1

e

..Q 200.0
..c:

---t-------"11,

'1, ---------------

1-

I

0

~ 100 .0

-

+-------'!\,;c---=--------'

""-:::--

--------:

~IC...._ ----=""7

C:

~

o.o L--~--~--=~
May-06

Jun-06

~~~"""":::::::._,_
__
Jul-06

Aug-06

Sep-06

_J

Oct-06

Time
Figure 18 Predicted periphyton
Bergey Rd sam pling location).

(chlorophyll

a) befor e and after simulated phosphorus

reductions

(Indian Creek,

9. SCIENTIFICLITERATURE
The scientific literature was another line of evidence used in the original analysis. One
study (Herlihy and Sifneos 2008), in particular, seemed relevant since the original PA TMDL
TP target report was written; namely an analysis of national nutrient data collected as part
of the USEPAWadeable Streams Assessment (WSA, USEPA 2006). The WSA is the first
comprehensive national probabilistic survey of streams in the US and included data
collected from identified least disturbed reference streams (sensu Stoddard et al. 2006).
The data collected in that study were used to estimate reference stream nutrient
concentration upper quartiles, consistent with USEPA's original recommended regional
criteria methodology and recommended in USEPAguidance (USEPA 2000). The 75 th
percentile TP concentrations in reference streams from the comparable nutrient ecoregion
to the PA Piedmont were 60 µg/L.

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

10.

UPDATED ENDPOINT SUMMARY

The following table updates the original report endpoint summary table with the additional
analysis and information provided in this report.
Table 8 Summary of candidate

endpoint s for each of the ana lytica l approaches

discu sse d.

TP
Endpoint

Approach

(µg/L)
2-37

Reference Approach
Reference Site 75 th Percentile
All Sites 25 th Percentile

16-17
17

Modeled Reference Expectation

2-37

Conditional Probability - EPT taxa

8-85
38

Stressor-Response
Conditional Probability - % Clingers

39

Conditional Probability - % Urban Intolerant

64

Conditional Probability - Diatoms TSI

36

Simple linear regression interpolation - EPT
taxa
Simple linear regression interpolation - Percent
intolerant urban individuals
Simple linear regression interpolation - Percent
Clinger individuals

Other Literature

10-85
8-82
8-52

13-100
USEPA Recommended Regional Criteria

37

USEPA Regional Criteria Approach - Local Data

40-51

Algal Growth Saturation

25-50

Nationwide Meta-Study TP-Chlorophyll

21-60

USGSRegional Reference Study

20

USGSNational Nutrient Criteria Study

13-20

New England Nutrient Criteria Study

40

Virginia Nutrient Criteria Study

50

New Jersey TDI

25-50

Delaware Criteria

50-100

National Reference Criteria Study

Mechanistic Model

60

20-33
Indian Creek

20-33

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 Nutrient Endpoints for Southeastern Pennsylvania - Follow Up Analysis - FINAL DRAFT 7.18.2012

Given the resultant concentrations from the new stressor-response analyses and the fact
that the range of endpoints derived with that method included the recommended endpoint
(i.e., between the lower quartile and average estimate ranges), that distribution based
values remain unaltered, that one additional scientific study estimating regional reference
concentration recommends a value similar to the original value and in the range of previous
literature, and that a process model of chlorophyll in streams used to derive a TP endpoint
to meet acceptable benthic chlorophyll concentrations reached a comparable value, the
recommended TP endpoint in the original report (40 µg/L) remains unaltered in the
opinion of the authors.

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11. LITERATURE CITED
Barbour, M.T.,J. Gerritsen, B.D. Snyder, and J.B.Stribling. 1999. Rapid Bioassessment
Protocols for Use in Streams and Wadeable Rivers: Periphyton, Benthic Macroinvertebrates,
and Fish, Second Edition. United States Environmental Protection Agency, Office of Water,
Washington, DC. EPA 841/B/99-002.
Dodds, W.K. and E. B. Welch. 2000. Establishing nutrient criteria in streams. J. North Am.
Benthol. Soc. 19:186-196.
Herlihy, AR. and J.C.Sifneos. 2008. Developing nutrient criteria and classification schemes
for wadeable streams in conterminous United States. Journal of the North American
Benthological Society 27(4):932-948.
Maryland Department of Natural Resources (MDNR). 2005. New Biological Indicators to
Better Assess the Condition of Maryland Streams. Maryland Department of Natural
Resources, Monitoring and Non-Tidal Assessment, Annapolis, MD. CBWP-MANTA-EQ-0513.
Paul, M.J.and L. Zheng. 2007. Development of Nutrient Endpoints for the Northern
Piedmont Ecoregion of Pennsylvania: TMDL Application. Prepared for US Environmental
Protection Agency, Region 3, Philadelphia, PA.
Pennsylvania Department of Environmental Protection (PADEP). 2009. A Benthic Index of
Biotic Integrity for Wadeable Freestone Riffle-Run Streams in Pennsylvania. Pennsylvania
Department of Environmental Protection, Division of Water Quality Assessment and
Standards, Harrisburg, PA.
Rief, A. 1999. Physical, Chemical, and Biological Data for Selected Streams in Chester
County, Pennsylvania, 1981-94. USGSOpen-File Report 99-216, USGS,Denver, CO.
Rief, A. 2000. Physical, Chemical, and Biological Data for Selected Streams in Chester
County, Pennsylvania, 1995-97. USGSOpen-File Report 00-238, USGS,Denver, CO.
Rief, A. 2002a. Assessment of Stream Conditions and Trends in Biological and WaterChemistry Data from Selected Streams in Chester County, Pennsylvania, 1981-97. USGS
Water Resources Investigations Report 02-4242, USGS,Denver, Colorado
Rief, A. 2002b. Assessment of Stream Quality Using Biological Indices at Selected Sites in
the Delaware River Basin, Chester County, Pennsylvania, 1981-97. USGSFact Sheet FS-11602, USGS,Denver, C

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Suplee, M., V. Watson, M. Te ply, and H. McKee. 2008. How Green is too Green? Public
Opinion of What Constitutes Undesirable Algae Levels in Streams. J.American Water
Resources Association. 44(6):1-18.
United States Environmental Protection Agency (USEPA). 2000a. Nutrient Criteria
Technical Guidance Manual. Rivers and Streams. United States Environmental Protection
Agency, Office of Water, Washington, DC. EPA-822-B-00-002
USEPA.2000b. Nutrient Criteria Technical Guidance Manual. Lakes and Reservoirs. United
States Environmental Protection Agency, Office of Water, Washington, DC. EPA-822-B-00001
USEPA.2006. The Wadeable Streams Assessment: A Collaborative Survey of the Nation's
Streams. United States Environmental Protection Agency, Office of Water, Office of
Research and Development, Washington, DC. EPA-841-B-06-002
USEPA.2010. Using Stressor-response Relationships to Derive Numeric Nutrient Criteria.
United States Environmental Protection Agency, Office of Water, Washington, DC. EPA-820S-10-001.

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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON D.C. 20460

OFFICE OF THE ADMINISTRATOR
SCIENCE ADVISORY BOARD

April 27, 2010
EPA-SAB-10-006
The Honorable Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Subject: SAB Review of Empirical Approaches for Nutrient Criteria Derivation
Dear Administrator Jackson:
EPA's Office of Water (OW) requested that the Science Advisory Board (SAB) review the
Agency's draft guidance document titled Empirical Approaches for Nutrient Criteria Derivation
("Guidance"). The Guidance is one of a series of technical documents developed by OW to
describe approaches and methods for developing numeric criteria for nutrients. The Guidance
specifically focuses on empirical approaches for determining stressor-response relationships to
derive numeric nutrient criteria. In response to the Agency's advisory request, the SAB
Ecological Processes and Effects Committee, augmented with additional experts, met on
September 9-11, 2009 to conduct a peer review of the Guidance. OW requested that the SAB: 1)
comment on the technical merit of the methods and approaches described in the Guidance; 2)
suggest approaches that might be considered to improve the Guidance; and 3) offer suggestions
to improve the utility of the Guidance for state and tribal water quality scientists and resource
managers. The enclosed advisory report provides the advice and recommendations of the
Committee.
The SAB commends EPA for addressing nutrient issues. Nutrients (nitrogen and
phosphorus) are a major cause of impairment in the quality of the Nation's waters, and the SAB
recognizes the importance of EPA' s efforts to develop numeric nutrient criteria. The stressorresponse approach is a legitimate, scientifically based method for developing numeric nutrient
criteria if the approach is appropriately applied (i.e., not used in isolation but as part of a weightof-evidence approach). We encourage the Agency to continue this important work.
EPA' s draft Guidance provides a primer on a limited set of statistical methods that could be
used in deriving nutrient criteria based on stressor-response relationships. However, in its
present form, the Guidance does not present a complete or balanced view of using the statistical

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 methods to develop criteria. Restructuring and substantial revision of the Guidance is needed
prior to its release to make the document more useful to state and tribal water quality scientists
and resource managers.
In general, we find that the scope and intended use of the Guidance should be more clearly
identified. The empirical stressor-response framework described in the Guidance is one possible
approach for deriving numeric nutrient criteria, but the uncertainty associated with estimated
stressor-response relationships would be problematic if this approach were used as a "stand
alone" method because statistical associations do not prove cause and effect. We therefore
recommend that the stressor-response approach be used with other available methodologies in
the context of a tiered approach where uncertainties in different approaches are recognized, and
weight-of-evidence is used to establish the likelihood of causal relationships between nutrients
and their effects for criteria derivation. In this regard, we recommend that EPA more clearly
articulate how this particular guidance fits within the Agency's decision-making and regulatory
processes and, specifically, how it relates to and complements EPA's other nutrient criteria
approaches, technical guidance manuals, and documents. The SAB also recognizes that methods
in the Guidance do not address downstream impacts of excess nutrients.
The SAB has provided many recommendations to improve the Guidance and strongly
recommends that they be incorporated into the final document. These recommendations focus
on revising the document to address: cause and effect; the utility and limitations of the statistical
methods and approaches in the document; the supporting analyses and data needed to correctly
identify predictive relationships; the need for more guidance and examples to describe when and
how to use various methods and approaches; linkages among designated uses and stressors; and
the need for a more specific and descriptive framework outlining the steps in the criteria
development process. Finally, the SAB strongly recommends that EPA invest in providing the
technical support and training needed to make the approaches and methods in the final Guidance
more useful to state and tribal water resource managers.
Thank you for the opportunity to review this important guidance document. The SAB looks
forward to receiving the Agency's response to this advisory report and stands ready to provide
additional advice as EPA continues to develop nutrient criteria guidance.
Sincerely,

/Signed/

/Signed/

Dr. Judith L. Meyer, Chair
Ecological Processes and Effects Committee

Dr. Deborah L. Swackhamer, Chair
Science Advisory Board

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 NOTICE
This report has been written as part of the activities of the EPA Science Advisory Board, a
public advisory group providing extramural scientific information and advice to the
Administrator and other officials of the Environmental Protection Agency. The Board is
structured to provide balanced, expert assessment of scientific matters related to the problems
facing the Agency. This report has not been reviewed for approval by the Agency and,
hence, the contents of this report do not necessarily represent the views and policies of the
Environmental Protection Agency, nor of other agencies in the Executive Branch of the
Federal government, nor does mention of trade names or commercial products constitute a
recommendation for use. Reports of the EPA Science Advisory Board are posted on the EPA
website at http://www.epa.gov/sab.

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 U.S. Environmental Protection Agency
Science Advisory Board
Ecological Processes and Effects Committee (FY 2009) Augmented for Review
of Nutrient Criteria Guidance

CHAIR
Dr. Judith L. Meyer, Distinguished Research Professor Emeritus, University of Georgia, Lopez
Island, WA

MEMBERS
Dr. Richelle Allen-King, Professor and Chair, Department of Geology, University at Buffalo,
Buffalo, NY
Dr. Ernest F. Benfield, Professor of Ecology, Department of Biological Sciences, Virginia
Tech, Blacksburg, VA
Dr. G. Allen Burton, Professor and Director, Cooperative Institute for Limnology and
Ecosystems Research, School of Natural Resources and Environment, University of Michigan,
Ann Arbor, MI
Dr. Peter M. Chapman, Principal and Senior Environmental Scientist, Environmental Sciences
Group, Golder Associates Ltd, Burnaby, BC, Canada
Dr. Loveday Conquest, Professor, School of Aquatic and Fishery Sciences, University of
Washington, Seattle, WA
Dr. Wayne Landis, Professor and Director, Department of Environmental Toxicology, Institute
of Environmental Toxicology, Huxley College of the Environment, Western Washington
University, Bellingham, WA
Dr. James Oris, Professor, Department of Zoology, Miami University, Oxford, OH
Dr. Amanda Rodewald, Associate Professor of Wildlife Ecology, School of Environment and
Natural Resources, The Ohio State University, Columbus, OH
Dr. James Sanders, Director and Professor, Skidaway Institute of Oceanography, Savannah,
GA
Mr. Timothy Thompson, Senior Environmental Scientist, Science and Engineering for the
Environment, LLC, Seattle, WA

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IV

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 CONSULTANTS
Dr. Victor Bierman, Senior Scientist, LimnoTech, Oak Ridge, NC
Dr. Elizabeth Boyer, Associate Professor, School of Forest Resources and Assistant Director,
Pennsylvania State Institutes of Energy & the Environment, and Director, Pennsylvania Water
Resources Research Center, Pennsylvania State University, University Park, PA
Dr. Mark David, Professor, Natural Resources & Environmental Sciences, University of
Illinois, Urbana, IL
Dr. Douglas McLaughlin, Principal Research Scientist, National Council for Air and Stream
Improvement, Inc., Western Michigan University, Kalamazoo, MI
Dr. Patrick J. Mulholland, Distinguished Research Staff Member, Carbon & Nutrient
Biogeochemistry Group, Environmental Sciences Division, Oak Ridge National Laboratory, Oak
Ridge, TN
Dr. Andrew N. Sharpley, Professor, Department of Crop, Soil and Environmental Sciences,
Division of Agriculture, University of Arkansas, Fayetteville, AR

SCIENCE ADVISORY BOARD STAFF
Dr. Thomas Armitage, Designated Federal Officer, U.S. Environmental Protection Agency,
Washington, DC

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 U.S. Environmental Protection Agency
Science Advisory Board

CHAIR
Dr. Deborah L. Swackhamer, Professor and Charles M. Denny, Jr., Chair in Science,
Technology and Public Policy and Co-Director of the Water Resources Center, Hubert H.
Humphrey Institute of Public Affairs, University of Minnesota, St. Paul, MN

SABMEMBERS
Dr. David T. Allen, Professor, Department of Chemical Engineering, University of Texas,
Austin, TX
Dr. Claudia Benitez-Nelson, Associate Professor, Department of Earth and Ocean Sciences and
Marine Science Program, University of South Carolina, Columbia, SC
Dr. Timothy Buckley, Associate Professor and Chair, Division of Environmental Health
Sciences, College of Public Health, The Ohio State University, Columbus, OH
Dr. Thomas Burke, Professor, Department of Health Policy and Management, Johns Hopkins
Bloomberg School of Public Health, Johns Hopkins University, Baltimore, MD
Dr. Deborah Cory-Slechta, Professor, Department of Environmental Medicine, School of
Medicine and Dentistry, University of Rochester, Rochester, NY
Dr. Terry Daniel, Professor of Psychology and Natural Resources, Department of Psychology,
School of Natural Resources, University of Arizona, Tucson, AZ
Dr. George Daston, Victor Mills Society Research Fellow, Product Safety and Regulatory
Affairs, Procter & Gamble, Cincinnati, OH
Dr. Costel Denson, Managing Member, Costech Technologies, LLC, Newark, DE
Dr. Otto C. Doering III, Professor, Department of Agricultural Economics, Purdue University,
W. Lafayette, IN
Dr. David A. Dzombak, Walter J. Blenko Sr. Professor, Department of Civil and Environmental
Engineering, College of Engineering, Carnegie Mellon University, Pittsburgh, PA
Dr. T. Taylor Eighmy, Vice President for Research, Office of the Vice President for Research,
Texas Tech University, Lubbock, TX
Dr. Elaine Faustman, Professor, Department of Environmental and Occupational Health
Sciences, School of Public Health and Community Medicine, University of Washington, Seattle,
WA

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 Dr. John P. Giesy, Professor and Canada Research Chair, Veterinary Biomedical Sciences and
Toxicology Centre, University of Saskatchewan, Saskatoon, Saskatchewan, Canada
Dr. Jeffrey Griffiths, Associate Professor, Department of Public Health and Community
Medicine, School of Medicine, Tufts University, Boston, MA
Dr. James K. Hammitt, Professor, Center for Risk Analysis, Harvard University, Boston, MA
Dr. Rogene Henderson, Senior Scientist Emeritus, Lovelace Respiratory Research Institute,
Albuquerque, NM
Dr. Bernd Kahn, Professor Emeritus and Associate Director, Environmental Radiation Center,
School of Mechanical Engineering, Georgia Institute of Technology, Atlanta, GA
Dr. Agnes Kane, Professor and Chair, Department of Pathology and Laboratory Medicine,
Brown University, Providence, RI
Dr. Nancy K. Kim, Senior Executive, New York State Department of Health, Troy, NY
Dr. Catherine Kling, Professor, Department of Economics, Iowa State University, Ames, IA
Dr. Kai Lee, Program Officer, Conservation and Science Program, David & Lucile Packard
Foundation, Los Altos, CA
Dr. Cecil Lue-Hing, President, Cecil Lue-Hing & Assoc. Inc., Burr Ridge, IL
Dr. Floyd Malveaux, Executive Director, Merck Childhood Asthma Network, Inc., Washington,
DC
Dr. Lee D. McMullen, Water Resources Practice Leader, Snyder & Associates, Inc., Ankeny,
IA
Dr. Judith L. Meyer, Distinguished Research Professor Emeritus, Odum School of Ecology,
University of Georgia, Lopez Island, WA
Dr. Jana Milford, Professor, Department of Mechanical Engineering, University of Colorado,
Boulder, CO
Dr. Christine Moe, Eugene J. Gangarosa Professor, Hubert Department of Global Health,
Rollins School of Public Health, Emory University, Atlanta, GA
Dr. Eileen Murphy, Manager, Division of Water Supply, New Jersey Department of
Environmental Protection, Trenton, NJ

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 Dr. Duncan Patten, Research Professor, Department of Land Resources and Environmental
Sciences, Montana State University, Bozeman, MT
Dr. Stephen Polasky, Fesler-Lampert Professor of Ecological/Environmental Economics,
Department of Applied Economics, University of Minnesota, St. Paul, MN
Dr. Stephen M. Roberts, Professor, Department of Physiological Sciences, Director, Center for
Environmental and Human Toxicology, University of Florida, Gainesville, FL
Dr. Amanda Rodewald, Associate Professor, School of Environment and Natural Resources,
The Ohio State University, Columbus, OH
Dr. Joan B. Rose, Professor and Homer Nowlin Chair for Water Research, Department of
Fisheries and Wildlife, Michigan State University, East Lansing, MI
Dr. Jonathan M. Samet, Professor and Flora L. Thornton Chair, Department of Preventive
Medicine, University of Southern California, Los Angeles, CA
Dr. James Sanders, Director and Professor, Skidaway Institute of Oceanography, Savannah,
GA
Dr. Jerald Schnoor, Allen S. Henry Chair Professor, Department of Civil and Environmental
Engineering, Co-Director, Center for Global and Regional Environmental Research, University
oflowa, Iowa City, IA
Dr. Kathleen Segerson, Professor, Department of Economics, University of Connecticut, Storrs,
CT
Dr. V. Kerry Smith, W.P. Carey Professor of Economics, Department of Economics, W.P
Carey School of Business, Arizona State University, Tempe, AZ
Dr. Herman Taylor, Professor, School of Medicine, University of Mississippi Medical Center,
Jackson, MS
Dr. Barton H. (Buzz) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
at the Stanford Law School and Perry L. McCarty Director, Woods Institute for the
Environment, Stanford University, Stanford, CA
Dr. Paige Tolbert, Associate Professor, Department of Environmental and Occupational Health,
Rollins School of Public Health, Emory University, Atlanta, GA
Dr. Thomas S. Wallsten, Professor and Chair, Department of Psychology, University of
Maryland, College Park, MD
Dr. Robert Watts, Professor of Mechanical Engineering Emeritus, Tulane University,
Annapolis, MD

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 SCIENCE ADVISORY BOARD STAFF
Dr. Angela Nugent, Designated Federal Officer, U.S. Environmental Protection Agency,
Washington, DC

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 TABLE OF CONTENTS
1.

EXECUTIVE SUMMARY ................................................................................................. xi

2.

INTRODUCTION .................................................................................................................

3.

RESPONSE TO CHARGE QUESTIONS .......................................................................... 3

1

3.1.

Charge Question 1. Improving the utility of the Guidance ........................................................................... ..4

3.2.

Charge Question 2. Selecting stressor and response variables .................................................................... .10

3 .3.

Charge Question 3. Approaches to demonstrate the distribution of and relationships
ainong variables ............................................................................................................ 15

3 .4.

Charge Question 4. Methods for assessing the strength of the cause-effect relationship ............................. 20

3 .5.

Charge Question 5. Statistical methods to analyze the data ......................................................................... 22

3 .6.

Charge Question 6. Evaluating the predictive accuracy of stressor-response relationships ......................... 31

3.7.

Charge Question 7. Evaluating candidate stressor-response criteria ............................................................ 37

4.

REFERENCES .................................................................................................................... 43

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 1.

EXECUTIVE SUMMARY

EPA's Office of Water (OW) requested that the Science Advisory Board (SAB) conduct a
peer review of Agency's draft guidance document, Empirical Approaches for Nutrient Criteria
Derivation (the "Guidance"). The Guidance was developed by OW to provide information for
state and tribal water resource managers on empirical stressor-response approaches for
developing numeric nutrient criteria. In response to the Agency's advisory request, the SAB
Ecological Processes and Effects Committee reviewed the Guidance. To augment the expertise
on the Committee for this advisory activity, several additional scientists with specific knowledge
and expertise in assessing the effects of nutrient enrichment in aquatic systems also participated
in the review.
EPA' s Office of Water develops ambient water quality criteria that serve as guidance to states
and tribes for adoption of water quality standards. The water quality standards include
designated uses, such as aquatic life protection and recreation, and criteria that define levels of
water quality variables protective of the designated uses. Because nutrients (nitrogen and
phosphorus) are a major cause of impairment in the quality of the Nation's waters, state adoption
of numeric nutrient criteria in water quality standards has been a high priority for OW. To assist
the states and tribes in developing numeric nutrient criteria, OW published technical guidance
manuals for developing nutrient criteria for lakes and reservoirs (U.S. EPA, 2000a), rivers and
streams (U.S. EPA, 2000b ), estuaries and coastal marine waters (U.S. EPA, 2001 ), and wetlands
(U.S. EPA, 2008). These technical guidance manuals focus primarily on describing a reference
condition approach for deriving criteria from distributions of nutrient concentrations and
biological responses in minimally disturbed reference waterbodies. Other basic analytical
approaches for nutrient criteria derivation recognized in the manuals include mechanistic
modeling (i.e., predicting the effects of changes in nutrient concentrations using site-specific
parameters and equations that represent ecological processes), which EPA intends to address as
the subject of a later document, the stressor-response approach (discussed in the Guidance and
considered in this advisory report), and the application and/or modification of established
nutrient/algal thresholds. The stressor-response approach involves quantifying the relationship
between nutrient concentrations and biological response measures related to the designated use
of a waterbody.
The Guidance outlines a five-step process for developing numeric nutrient criteria. It
describes data analysis methods and approaches that could be used in each of these steps. Step
one involves the use of exploratory analysis and data visualization tools to select variables that
appropriately quantify the stressor (i.e., excess nutrients) and the response. Step two involves the
use of conceptual models, existing literature, and other methods to assess the strength of the
relationship represented in the stressor-response linkage. Step three involves the use of various
statistical methods to analyze data, estimate stressor-response relationships, and identify
thresholds that may be used to derive water quality criteria. Step four involves the evaluation of
estimated stressor-response relationships (including validation of predictive performance for a
stressor-response model, and selecting a model that best represents the data). Step five involves
evaluating candidate nutrient criteria by predicting conditions that might be expected after
implementing different criteria. The Guidance contains five sections, each addressing one of the
proposed steps in the criteria development process. In its charge to the SAB, EPA requested that

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 the Committee comment on the methods and approaches described in each section of the
Guidance, recommend other approaches that might be considered, and offer suggestions to
improve the utility of the Guidance for state and tribal water quality scientists and resource
managers. In its responses to the charge questions, the Committee provides comments and
recommendations to improve the Guidance and assist EPA in its efforts to support the
development of numeric nutrient criteria.
General comments on the Guidance
The Committee recognizes the importance of EPA' s efforts to support numeric nutrient
criteria development and encourages the Agency to continue this important work. In addition,
we recognize the stressor-response approach as a legitimate, scientifically based method for
developing numeric nutrient criteria if it is appropriately applied (i.e, not used in isolation but as
part of a tiered weight-of-evidence approach using individual lines of evidence as discussed
here). The draft Guidance provides a primer on a limited set of statistical methods that could be
used in deriving numeric nutrient criteria. However, we find that improvements in the Guidance
are needed prior to its release to make the document more useful to state and tribal water quality
scientists and resource managers.
In general, we find that the scope, limitations, and intended use of the Guidance should be
more clearly described. The Guidance addresses only one type of "empirical" approach for
derivation of numeric nutrient criteria (i.e., the stressor-response framework). As illustrated in
many of the examples in the Guidance, considerable unexplained variation can be encountered
when attempting to use the empirical stressor-response approach to develop nutrient criteria.
The final Guidance should clearly indicate that such unexplained variation presents significant
problems in the use of this approach. Further, the final document should clearly state that
statistical associations may not be biologically relevant and do not prove cause and effect.
However, when properly developed, biologically relevant statistical associations can be useful
arguments as part of a weight-of-evidence approach (further discussed in Section 3.3,
recommendation #7 of this advisory report) to criteria derivation. Therefore, the final Guidance
should provide more information on the supporting analyses needed to improve the basis for
conclusions that specific stressor-response associations can predict nutrient responses with an
acceptable degree of uncertainty. Such predictive relationships can then be used with
mechanistic or other approaches in a tiered weight-of-evidence assessment including cause and
effect relationships to develop nutrient criteria.
Tiered environmental assessment is iterative. The initial assessment is the simplest (e.g.,
minimal ecosystem specific data) and most conservative (i.e., risks must be assumed in the
absence of system-specific information), and thus, will not always provide sufficient certainty for
decision-making. Cause and effect relationships would be inferred but not demonstrated; only a
few lines of evidence would be available and the corresponding uncertainty great. At the highest
tier, there would be several lines of evidence and factors that would confound the prediction of
effects, such as other stressors or the morphology of the waterbody, and these need to be
understood and considered. Successive tiers involve more focused (e.g., specific for particular
ecosystem types) investigations, based on the results of the previous tier. Data needs are
relatively few at the initial tier, but increase at successive tiers. However, through additional

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 testing, measurement, or modeling, uncertainty decreases at successive tiers, and sources of
uncertainty become better understood. Policy makers require information to understand the
uncertainty associated with regulatory decisions, and to determine how much uncertainty may or
may not be acceptable in particular decision-making contexts. Weight-of-evidence typically
determines the tier at which uncertainty has been reduced sufficiently for informed management
decision-making. It is important to explicitly describe and consider uncertainty at each step of
the criteria development and decision-making process. The level of uncertainty of the
conceptual model is likely to be rather low, as it is mostly based on well-established general
principles of aquatic systems. Here the uncertainty is about how well the selected conceptual
model fits the specific stressors and ecological systems under consideration. As criteria are
developed it is important to address uncertainty associated with more specific factors that
influence biological responses to nutrient inputs because uncertainty may cascade down through
the analysis, in effect multiplying the uncertainty in later steps of the analysis.
The Committee also recommends that EPA more clearly articulate how the Guidance fits
within the Agency's decision-making and regulatory processes and, specifically, how it relates to
and complements EPA's other nutrient criteria technical guidance manuals and documents. As
further discussed in the response to Charge Question 1, numeric nutrient concentration criteria
and load-response models should be considered as two different approaches for accomplishing
the goal of controlling excessive nutrient loadings. In addition, the Committee notes that the
methods in the Guidance do not address the problem of excess nutrient enrichment downstream
from waters for which the criteria are being developed. There is a need for methods to address
this problem (one of which could be load-response modeling) and it should be clearly stated that
this is beyond the scope of the current guidance document.

Charge Question 1. Improving the utility of the Guidance for state and tribal water quality
scientists and resource managers
What suggestions do you have that will improve the utility of the draft document, Empirical
Approaches for Nutrient Criteria Derivation, for State water quality scientists and resource
managers to derive numeric nutrient criteria based on stress or-response relationships?
The Committee finds that improvements in EPA' s Guidance are needed to make the
document more useful to state and tribal water quality scientists and resource managers and to
ensure against inadvertent misuse. In this regard, as previously mentioned, the scope,
limitations, and intended use of the document should be more clearly identified.
•

The Committee recommends that EPA more clearly articulate how the Guidance fits within
the Agency's decision-making and regulatory processes and, specifically, how it relates to
and complements EPA's other nutrient criteria technical guidance manuals and documents.

•

In the Guidance, and the Agency's related technical manuals, EPA should more clearly
address the importance of: I) establishing linkages among designated uses and measured
responses, stressors and measures of stressors; and 2) relating measures of stressors directly
to deleterious effects on designated uses.

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 •

The Committee finds that the Guidance: I) should provide a more specific and descriptive
framework outlining the steps in the criteria development process (Figure I of this advisory
report illustrates EPA' s proposed framework for developing nutrient criteria and the SAB
recommendations for revision of the framework); 2) must be detailed and sophisticated
enough to ensure statistical rigor, but additional support must also be provided by EPA to
help users meet the technical demands of the methods; 3) should more clearly express the
caveats and limitations of the statistical methods and approaches in the document, in
particular the fact that statistical correlations do not establish cause and effect; 4) should
contain more technical guidance and examples to describe when and how to use various
methods and approaches; and 5) should provide additional guidance on data requirements for
application of the statistical methods and approaches.

•

Charge Question 2. Selecting stress or and response variables

Section 1 of the draft guidance document reviews how to select the variables that appropriately
quantify the stressor (i.e., excess nutrients) and the response (e.g., chlorophyll a, dissolved
oxygen, or a biological index). Please comment on whether the factors to consider described in
Section 1 of the draft document are appropriate for selecting response variables that are
sensitive to nutrients and related to measures of designated uses.
In Section I of the Guidance, EPA discusses factors to consider when selecting the stressor
and response variables. In this regard, the Committee finds that EPA should strengthen the
Guidance by including additional material.
•

The examples in the Guidance rely heavily on taxa richness as a response variable. Some
rationale as to how this variable relates to a designated use should accompany these
examples. The coupling of response variables to designated uses must be clear and the
rationale explained. Further, the Guidance could be strengthened considerably by
presentation of examples showing strong nutrient-response relationships with response
variables that are clearly linked to designated uses.

•

The Committee notes that co-limitation by both nitrogen and phosphorus may be common in
many systems and regions. Therefore, the use of multivariate or data stratification
approaches may be needed to identify nutrient-response relationships.

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 EPA's Framework as Described in
The Draft Guidance Document

Framework Recommended by the SAB

Step 1
Selecting and Evalnating Data

Step 1
Problem Formnlation and Goal
Development

(At each step in the process, the uncertainty should be
explicitly described.)

Step 2
Conceptnal Model Development
(Consideration of Empirical Approach in
Conjunction With Other Lines of Evidence)

,,
Step 2
Assessing the Strength of the CanseEffect Relationship

Step 3
Selection and Preliminary
Evaluation of Data

Step 3
Analyzing Data

Step 4
Evaluation of Stressor-Response
Approach

Consider
Other
Methods

,,
Step 5
Model Stressor-Response

Step 4
Evalnating Estimated Stressor-Response
Relationships

Step 5
Evalnating Candidate Stressor-Response
Criteria

Selection

Step 6
Evaluate Candidate Stressor-Response Criteria
and Consider Other Methods if Necessary

Step 7
Criteria Development - Use Weight-of-Evidence
Approach to Compare Output to Step 1 Goals

* This includes consideration of factors discussed in this advisory report such as cause and effect, relevance to known
mechanisms and existing conditions, and ability to predict the probability of meeting designated uses.

Figure 1. EPA's Framework
Revision

for Developing Nutrient Criteria Based on Stressor-Response

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Relationships

and SAB Recommendations

for

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 •

The Guidance should provide more information on the data needed to characterize other
stressor and constraint variables (e.g., high dissolved organic carbon versus low dissolved
organic carbon lakes, shaded versus unshaded streams) which are critical for applying
multivariate techniques or for stratification/classification of univariate nutrient-response
relationships.

•

The Guidance focuses on total nitrogen and total phosphorns as the primary nutrient stressor
variables. In systems where inorganic nutrients are the dominant form, additional
consideration should be given to inorganic nitrogen and phosphorns.

•

The Guidance focuses on nutrient-response pathways driven by autotrophic processes
(nutrients directly control algal growth and excessive amounts of algae impair systems
through indirect effects on dissolved oxygen, food web changes, and aesthetics). The
Committee notes that nutrients can also directly control heterotrophic microbes (bacteria and
fungi) and indirectly control decomposition of organic matter. This should be more fully
discussed in the Guidance.

•

The Guidance provides inadequate discussion of the temporal/spatial aspects of data needed
to develop relevant stressor-response relationships. The Guidance should discuss the
conditions under which mean/median or maximum/minimum values of stressor and response
variables might be more appropriate than discrete instantaneous measurements for
developing stressor-response relationships. The use of time series data to describe specific
systems should also be addressed. Although such guidance may be provided in various
system-specific technical manuals (e.g., U.S. EPA, 2000a, b), a summary synthesis of the
major points in these earlier documents should be included in the Guidance.

Charge Question 3. Approaches to demonstrate the distribution of and relationships among
variables
Section 1 outlines methods to visualize available data. Please comment on the effectiveness of
the following approaches described in the document (listed below) to demonstrate the
distribution of and relationships among variables.
a)
b)
c)
d)

Basic data visualization techniques
Maps
Conditional probability
Classifications

Section 1 of the Guidance discusses exploratory data analysis, and presents several methods
for demonstrating the distribution of and relationships among variables. In Subsections 1.2 - 1.6
several basic plotting techniques are presented. This is followed by a description of conditional
probability analysis (a statistical approach for summarizing how changes in nutrient
concentrations are associated with the probability of waterbodies attaining their designated uses).
The Committee finds that the discussion of exploratory data analysis would be more effective if
Section 1 of the Guidance were reorganized and expanded.

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 •

As further discussed in the response to Charge Question 3, Subsections 1.2 - 1.6 of the
Guidance should be reframed as a separate major section on exploratory data analysis, which
should follow another separate major section on problem formulation. The material in
Subsection 1.1 (selection of stressor-response variables) should be moved to a later section of
the document.

•

The Guidance should stress that exploratory data analysis, including data visualization,
should be conducted prior to inferential statistical analyses of potential stressors and
responses. The objectives of exploratory data analysis should be to better understand the
system of interest and to maximize accuracy and minimize variability of subsequently
derived stressor-response relationships.

•

Additional methods for exploratory data analysis should be discussed in the Guidance. These
additional methods should include: use of summary statistics, time series plots at fixed points
in space; longitudinal plots at fixed points in time; bubble plots; Pearson and other
correlation analyses; and maps that show temporal (monthly, seasonal, inter-annual) as well
as spatial patterns.

•

Clear guidance is needed on when and how to use the statistical methods and visualization
techniques presented in the document. The strengths and limitations of the methods should
also be clearly identified. It would be useful to show several case examples that range from
state-wide to local and data-rich to data-poor; and exemplify different types of aquatic
ecosystems (e.g., headwater streams, large rivers, lakes and estuaries). Examples should note
the strengths, limitations, assumptions and uncertainties that must be considered when using
the methods to explore and visualize the data. These examples should demonstrate how
nutrients can be identified as significant stressors in the presence of multiple stressors and
habitat factors that may affect the resident communities.

•

Subsection 1.6 of the Guidance (examination of stressor-response distributions across
different classes, e.g., ecoregions) should be expanded. The subsection should discuss
additional data analyses and examples for different spatial classifications (e.g., ecoregions,
states, watersheds, systems of interest), different waterbody types (e.g., streams, rivers, lakes,
estuaries) and other important physical and chemical characteristics of systems that could
affect the applicability of the nutrient criteria.

Charge Question 4. Methods for assessing the strength of the cause-effect relationship
Section 2 of the draft guidance document describes methods for assessing the strength of the
cause-effect relationship represented in the stressor-response linkage. Please comment on
whether the draft guidance document adequately describes how conceptual models, existing
literature, and empirical models can be used to assess how changes in nutrient concentration are
likely to cause changes in the chosen response variable.

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 Section 2 of the Guidance provides a summary of how the strength of candidate stressorresponse pairings from step I can be assessed. The Committee recommends a number of
improvements in this section.
•

It is appropriate to use conceptual models and existing literature as the scientific basis to
assess how changes in nutrient concentrations might affect response variables. However
additional discussion of conceptual model selection, with specific examples, would be
helpful. As illustrated in Figure I of this advisory report and further discussed in the
response to Charge Question 7, the Committee recommends that development of the
conceptual model occur in or immediately after the problem formulation step, early in the
process of criteria development.

•

Structural Equation Modeling (SEM) is discussed in the Guidance as a method for exploring
nutrient-ecosystem response. The Committee finds that use of SEM should be more fully
explained. Clear examples of its use should be provided.

•

The Guidance discusses the use of Propensity Score Analysis (PSA) to estimate stressorresponse relationships. PSA seems to be useful for sorting out groups that share covariates
but may have unique nutrient characteristics. Such sorting could lead to a clearer
understanding of how nutrients function amid multiple covariates. The example of PSA in
the Guidance appendix is helpful, but further explanation of how to interpret the results of the
analysis is needed. An analysis such as PSA should be discussed in a later section of the
Guidance because it is a tool for analyzing data (Section 3 of the Guidance) rather than
supporting potential relationships.

•

It is not clear why EPA did not include information obtained from mechanistic models in
Section 2 of the Guidance. Because mechanistic models can integrate information on the
interactions of major ecosystem processes to derive quantitative estimates of effects, they
should be discussed as a means to interpret the stressor-response relationship.

Charge Question 5. Statistical methods to analyze the data
Section 3 of the draft guidance document outlines statistical methods to analyze the data to
estimate stress or-response relationships. Please comment on the appropriateness of the methods
outlined in the document (listed below) for describing stress or-response relationships associated
with nutrient pollution. What approaches would you recommend that could effectively address
indirect pathways of adverse effects? What recommendations do you have to address the effects
of confounding variables and uncertainty in the estimated relationships?
a)
b)
c)
d)
e)
j)

Simple linear regress ion
Quantile regress ion
Logistic regression
Multiple linear regression
Non-parametric changepoint analysis
Discontinuous regression models

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 Section 3 of the Guidance describes a number of statistical methods for analyzing data to
estimate stressor-response relationships. The Committee provides comments addressing the
appropriateness of statistical methods for estimating stressor-response relationships.
•

Methods described in the Guidance are generally appropriate for estimating stressor-response
relationships in support of conceptual models. However, as further discussed in the response
to Charge Question 5, more careful consideration of confounding variables is necessary to
maximize the potential for stressor-response relationships to reflect cause and effect between
nutrient concentrations and ecological responses. The Guidance should be revised to state
this more definitively and better assist its users in achieving this objective.

•

Those charged with using stressor-response methodology may require additional technical
support to use the methods in the Guidance.

•

EPA should provide guidance on how the degree of the relationship (indicated by R2 ,
residuals analysis, and other evidence) relates to establishing predictive stressor-response
relationships for numeric nutrient criteria development. The Committee also notes that
uncertainty must be identified and quantified for all methods and at all stages of the process.

Charge Question 6. Evaluating the predictive accuracy of stressor-response relationships
Section 4 of the draft guidance document describes how to evaluate the predictive accuracy of
estimated stressor-response relationships. Please comment on the appropriateness of
approaches in Section 4 of the guidance document and factors to consider in evaluating and
comparing different estimates of the stressor-response relationships and selecting those most
appropriate for criteria derivation.
The Committee provides comments on the appropriateness of approaches discussed in Section
4 of the Guidance and the factors to consider in evaluating and comparing different estimates of
stressor-response relationships in order to select those most appropriate for criteria development.
Overall, the Committee finds that this section of the Guidance lacks the detail provided in other
sections and needs improvement.
•

A clear framework for statistical model selection is needed. This framework should include:
I) an assessment of whether analyses indicate that the stressor-response approach is
appropriate; 2) selection criteria to evaluate the capability of models to consider cause/effect
and direct/indirect relationships between stressors and responses; 3) consideration of model
relevance to known mechanisms and existing conditions; 4) establishment of biological
relevance; and 5) ability to predict probability of meeting designated use categories.

•

The concept of "validation" as presented in Subsection 4 .1 of the Guidance is inconsistent
with other EPA guidance (U.S. EPA, 2009a) on development, evaluation, and application of
models. Model corroboration (sensu "validation") and uncertainty analysis should both be
part of model evaluation and selection. These activities should be directed and informed by
pre-established data quality objectives. Additional guidance is also needed on: data set

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 specification and stratification; a suite of validation techniques ( e.g., random or non-random
held-out data, independent data, resampling/Monte Carlo); and appropriate quantitative
levels of goodness-of-fit and uncertainty measures.
•

With regard to validation, the Committee recommends that nutrient criteria should result
from a tiered weight-of-evidence approach based on the application of multiple empirical
approaches and consideration of multiple response variables as appropriate. The nutrient
criteria values that may be determined, after considering validation and uncertainty, may vary
significantly from technique to technique or from response variable to response variable.
EPA should provide greater guidance on how to assign numeric criteria when a range of
responses among analyses/models results in different values.

Charge Question 7. Evaluating candidate stressor-response criteria
Section 5 of the draft guidance document describes how to evaluate the candidate stressorresponse criteria. An approach is outlined for predicting conditions that might result after
implementing different nutrient criteria. Please comment on uncertainties that would remain if
water quality criteria for nutrients were based solely on estimated stress or-response
relationships and in what ways other information/analysis would help address and possibly
reduce this uncertainty?
Section 5 of the Guidance describes how to evaluate candidate numeric nutrient criteria. The
Committee provides comments on uncertainties associated with deriving candidate water quality
criteria. We also recommend improvements in the Guidance to help address and reduce
uncertainty.
•

The Guidance describes approaches that use a data-mining exercise to demonstrate a possible
cause-effect relationship for the nutrient-ecosystem response. However, as further discussed
in the response to Charge Question 7, the document does not address or partition the inherent
critical uncertainties associated with the stressor-response approach. We note that these
uncertainties can be extremely large ( e.g., several orders of magnitude). To address these
uncertainties, the Guidance should better document the physical, chemical and biological
variables comprising the morphological relationships ( e.g., habitat, spatial, and temporal) that
define the aquatic system of interest, and which may be important in modifying the
relationship between nutrient concentrations (both nitrogen and phosphorus) and observed
endpoints. These factors may dominate the cause-effect pathway and should be documented
so that uncertainty in the relationship between nutrient concentrations and measured
endpoints can be reduced.

•

The Guidance should indicate that, at the start of the initial problem formulation exercise, a
realistic cause-effect conceptual model must be developed, and that the model should include
those factors that are likely to contribute most to the change in the response variable for the
specific region/system of interest. Then data analyses can be used to evaluate which of the
factors, or combination of factors, caused the observed change in the response variable.

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 •

As further discussed in the response to Charge Question 7, when predicting conditions that
might result after implementing nutrient criteria, it is important to consider environmental
factors that may cause differences in nutrient concentrations and biological conditions (e.g.,
lead and lag times) in response to nutrient loadings.

•

There is considerable uncertainty in linkage of the response variables discussed in the
Guidance to the Clean Water Act goals of drinkable, swimmable, and fishable waters. The
recommended response variables in the Guidance should be directly linked to these Clean
Water Act goals.

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 2.

INTRODUCTION

EPA's Office of Water (OW) requested that the Science Advisory Board (SAB) conduct a
peer review of the Agency's draft guidance document, Empirical Approaches for Nutrient
Criteria Derivation (the "Guidance"). The Guidance was developed by EPA's Office of Water
to provide information for water resource managers on the scientific foundation for using
empirical approaches to describe stressor-response relationships for developing numeric nutrient
water quality criteria. The SAB Ecological Processes and Effects Committee (Committee) met
on September 9th-I It\ 2009 to review the Guidance. To augment the expertise on the Committee
for this advisory activity, several additional scientists with specific knowledge and expertise in
assessing the effects of nutrient enrichment in aquatic systems also participated in the review.
This report transmits the advice of the Committee.
EPA' s Office of Water is charged with protecting aquatic life, wildlife, and human health
from adverse water-mediated effects of anthropogenic pollutants. In support of this mission,
OW develops ambient water quality criteria that serve as guidance to states and tribes for
adoption of water quality standards. State and tribal water quality standards include designated
uses, such as aquatic life protection and recreation, and criteria that define levels of water quality
variables protective of the designated uses. Because nutrients (nitrogen - N and phosphorus - P)
are a major cause of water quality impairment in the Nation's waters, state adoption of numeric
nutrient criteria into water quality standards has been a high priority for OW. The Office of
Water has stated that numeric nutrient water quality standards are important because they can:
support development of nutrient related Total Maximum Daily Loads (TMDLs ); provide targets
for nutrient trading programs; and make it easier to write National Pollutant Discharge
Elimination System (NPDES) permits, evaluate the success of nutrient runoff minimization
programs, and measure environmental progress.
To assist states and tribes in developing numeric nutrient criteria, OW published peer
reviewed technical guidance for developing such criteria for lakes and reservoirs (U.S. EPA,
2000a), rivers and streams (U.S. EPA, 2000b), estuaries and coastal marine waters (U.S. EPA,
2001), and wetlands (U.S. EPA, 2008). These technical guidance documents focus primarily on
a reference condition approach for deriving nutrient criteria from distributions of nutrient
concentrations and biological responses in minimally disturbed reference waterbodies. Other
basic analytical approaches for nutrient criteria derivation identified in prior guidance documents
include mechanistic modeling (i.e., predicting the effects of changes in nutrient concentrations
using site-specific parameters and equations that represent ecological processes), the stressorresponse approach, and the application and/or modification of established nutrient/algal
thresholds. The stressor-response approach involves quantifying a relationship between nutrient
concentrations and biological response measures related to the designated use of a waterbody. In
the Guidance, EPA states that, when developing nutrient criteria, the strengths and characteristics
of each analytical approach should be carefully considered with respect to data availability and
designated use protection needs.
The Guidance outlines a five-step process for developing numeric nutrient criteria. Step one
involves selecting variables that appropriately quantify the stressor (i.e., excess nutrients) and the

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 response. The Guidance describes various techniques for exploratory data analysis to understand
the properties of different variables and visualize data. These techniques include histograms,
box and whisker plots, quantile-quantile plots, cumulative distribution plots, scatter diagrams,
and spatial mapping. Step two involves assessing the strength of the relationship represented in
the stressor-response linkage. The Guidance discusses the use of conceptual models, existing
literature, and empirical models to assess the degree to which changes in nutrient concentration
are likely to cause changes in a chosen response variable. Step three involves analysis of data to
estimate stressor-response relationships and identify thresholds that may be used to derive
criteria. The Guidance describes a number of statistical methods for analyzing data to estimate
stressor-response relationships. These methods include linear regression, logistic regression,
quantile regression, non-parametric changepoint analysis, and discontinuous regression
modeling. Step four involves evaluating the stressor-response relationships (including validation
of predictive performance for a stressor-response model and selecting a model that best
represents the data). Step five involves evaluating candidate stressor-response criteria. The
Guidance outlines an approach for predicting conditions that might be expected after
implementing different nutrient criteria and selecting a value to optimize resource protection.
The Committee was asked to comment on the scientific and technical merit of the methods and
approaches discussed in the Guidance and to offer suggestions to improve the usefulness of the
document to state and tribal water quality scientists and resource managers.
The Committee recognizes the importance of EPA' s efforts to support numeric nutrient
criteria development and encourages the Agency to continue this important work. In addition,
we recognize the stressor-response approach as a legitimate, scientifically based method for
developing numeric nutrient criteria if it is appropriately applied (i.e., not in isolation). The draft
Guidance provides a primer on a limited set of statistical methods that could be used in deriving
nutrient criteria based on stressor-response relationships. However, the Committee finds that
improvements in the Guidance are needed prior to its release to make the document more useful
to state and tribal water quality scientists and resource managers.
In general, we find that the scope, limitations, and intended use of the Guidance need to be
more clearly described. The Guidance addresses only one type of "empirical" approach for
derivation of numeric nutrient criteria (i.e., the stressor-response framework). In this regard, we
strongly recommend that EPA more clearly articulate how the Guidance fits within the decisionmaking and regulatory processes and, specifically, how it relates to and complements EPA's
other nutrient criteria technical guidance manuals and documents. As illustrated in the data
analysis examples in the Guidance, a large degree of unexplained variation can be encountered
when attempting to use the empirical stressor-response approach to develop nutrient criteria.
The final Guidance should clearly indicate that such unexplained variation can present
significant problems in the use of this approach. Further, the final document should clearly state
that statistical associations may not be biologically relevant and do not prove cause and effect.
When properly developed, statistical associations can be useful in supporting cause and effect
arguments as part of a weight-of-evidence approach (further discussed in Section 3.3,
recommendation #7 of this advisory report) to criteria development. Therefore, the final
Guidance should provide more information on the supporting analyses needed to improve the
basis for conclusions that specific stressor-response associations can predict nutrient responses
with an acceptable degree of uncertainty. Such predictive relationships can then be applied, with

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 mechanistic or other approaches, in a tiered weight-of-evidence assessment using individual lines
of evidence in combination to develop nutrient criteria. Tiered environmental assessment is
iterative. The initial assessment is the simplest (e.g., minimal ecosystem specific data) and most
conservative (i.e., risks must be assumed in the absence of system-specific information), and thus
will not always provide sufficient certainty for decision-making. Cause and effect relationships
would be inferred but not demonstrated; only a few lines of evidence would be available and the
corresponding uncertainty high. At the highest tier, there would be several lines of evidence and
factors that would confound the prediction of effects, such as other stressors or the morphology
of the waterbody, and these need to be understood and considered. Successive tiers will involve
more focused (e.g., specific for particular ecosystem types) investigations, based on the results of
the previous tier. Data needs are relatively few at the initial tier, but increase at successive tiers.
However, through additional testing, measurement, or modeling, uncertainty decreases at
successive tiers, and sources of uncertainty become better understood. Policy makers require
information to understand the uncertainty associated with regulatory decisions, and to determine
how much uncertainty may or may not be acceptable in particular decision-making contexts.
Weight-of-evidence typically determines the tier at which uncertainty has been reduced
sufficiently for informed management decision-making. It is important to explicitly describe and
consider uncertainty at each step of the criteria development and decision-making process. The
level of uncertainty of the conceptual model is likely to be rather low, as it is mostly based on
well-established general principles of aquatic systems. Here the uncertainty is about how well
the selected conceptual model fits the specific stressors and ecological systems under
consideration. As criteria are developed, it is important to address uncertainty associated with
more specific factors that influence biological responses to nutrient inputs because uncertainty
may cascade down through the analysis, in effect multiplying the uncertainty at later steps.
In our responses to the charge questions we have recommended specific revisions to improve
various sections of the Guidance before it is published. These recommendations focus on:
modifying the framework of the Guidance to make it more specific and descriptive (as illustrated
in Figure I of this report); providing additional information on conditions under which the
stressor-response framework may apply; more clearly expressing the caveats, limitations, and
data requirements associated with the approaches presented in the Guidance; providing
additional information and examples showing when and how to use methods and approaches
described in the document; and providing more detailed and descriptive guidance on the use of
statistical methods and additional support from EPA to help users meet the technical demands of
the methods.

3.

RESPONSE TO CHARGE QUESTIONS

In the responses to each of the charge questions, the Committee has listed key findings and
comments as bullets. These findings are followed by the Committee's key recommendations.
Various aspects of some cross-cutting findings have been discussed in the responses to more than
one of the charge questions and cross-references have been provided.

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 3.1.

Charge Question 1. Improving the utility of the Guidance
What suggestions do you have that will improve the utility of the draft document,
Empirical Approaches for Nutrient Criteria Derivation, for State water quality
scientists and resource managers to derive numeric nutrient criteria based on
stressor-response relationships?

The Committee was asked to offer suggestions to improve the usefulness of the Guidance to
state and tribal water quality scientists and resource managers for deriving numeric nutrient
criteria based on stressor-response relationships. In this regard, we find that the following
improvements in EPA' s Guidance are needed.
Findings concerning improving the utility of the Guidance
•

The scope, limitations, and intended use of the Guidance should be more clearly identified.
The Guidance addresses only one possible approach (i.e., the stressor-response framework)
for derivation of numeric nutrient criteria. The Guidance would be more useful if it: I)
expanded upon the utility of the mechanistic modeling approach for understanding stressorresponse relationships and the reference condition approach for criteria derivation; 2) more
clearly articulated how it relates to EPA' s other published nutrient criteria guidance; 3)
explained the linkages among designated uses, stressors, measures of stressors, and the
deleterious effects of stressors on designated uses; 4) explained that the Guidance does not
address "downstream" effects of nutrients; and 5) acknowledged other factors that have
appeared to limit state progress toward developing nutrient criteria (e.g., lack of data and
technical expertise, insufficient resources, or other factors).

•

Substantial revision of the document is needed to facilitate identification of the most
scientifically defensible approaches to deriving numeric nutrient criteria. The Committee
emphasizes that understanding the causative link between nutrient levels and impairment is
necessary in order to assure that managing for particular nutrient levels will lead to desired
outcomes. As further discussed below, the stressor-response framework in the Guidance may
often not be the most appropriate approach for deriving numeric nutrient criteria. [See the
response to Charge Question 5 for additional discussion.]

•

Substantial revision of the document is needed to increase its usability while reducing the
likelihood of misuse. The Committee finds that the Guidance would be more useful if it: I)
provided a more specific and descriptive framework outlining the steps in the criteria
development process (a specific example is illustrated in Figure I); 2) contained more
technical guidance and examples to describe when and how to use various methods and
approaches in the document and ensure statistical rigor (with additional support provided
from EPA to help users meet the technical demands of the methods); 3) more clearly
expressed the caveats and limitations of the statistical methods and approaches in the
document; and 4) provided additional guidance on data requirements for application of the
statistical methods and approaches. [See the response to Charge Question 5 for additional
discussion.]

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 EPA's Framework as Described in
The Draft Guidance Document

Framework Recommended by the SAB

Step 1
Selecting and Evalnating Data

Step 1
Problem Formnlation and Goal
Development

(At each step in the process, the uncertainty should be
explicitly described.)

Step 2
Conceptnal Model Development
(Consideration of Empirical Approach in
Conjunction With Other Lines of Evidence)

,,
Step 2
Assessing the Strength of the CanseEffect Relationship

Step 3
Selection and Preliminary
Evaluation of Data

Step 3
Analyzing Data

Step 4
Evaluation of Stressor-Response
Approach

Consider
Other
Methods

,,
Step 5
Model Stressor-Response

Step 4
Evalnating Estimated Stressor-Response
Relationships

Step 5
Evalnating Candidate Stressor-Response
Criteria

Selection

Step 6
Evaluate Candidate Stressor-Response Criteria
and Consider Other Methods if Necessary

Step 7
Criteria Development - Use Weight-of-Evidence
Approach to Compare Output to Step 1 Goals

* This includes consideration of factors discussed in this advisory report such as cause and effect, relevance to known
mechanisms and existing conditions, and ability to predict the probability of meeting designated uses.

Figure 1. EPA's Framework
Revision

for Developing Nutrient Criteria Based on Stressor-Response

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 •

The absence of a direct causative relationship between stressor and response is one of the
most serious issues raised by the Committee. Without a mechanistic understanding and a
clear causative link between nutrient levels and impairment, there is no assurance that
managing for particular nutrient levels will lead to the desired outcome. There are numerous
empirical examples where a given nutrient level is associated with a wide range of response
values due to the influence of habitat, light levels, grazer populations and other factors. If the
numeric criteria are not based upon well-established causative relationships, the scientific
basis of the water quality standards will be seriously undermined. [See the responses to
Charge Questions 4, 5, and 7 for additional discussion.]

•

Numeric nutrient concentration criteria and load-response models should be considered as
two different approaches for accomplishing the goal of controlling excessive nutrient
loadings. EPA has put forth the reference condition approach, the empirical stressorresponse approach, and mechanistic modeling as basic analytic approaches for development
of numeric nutrient criteria. However, the way in which EPA used results from mechanistic
models to develop nutrient load reduction goals for the Gulf of Mexico (Mississippi
River/Gulf of Mexico Watershed Nutrient Task force, 2008), and the way in which it is
currently using mechanistic models for nutrient and sediment TMDLs for Chesapeake Bay,
does not involve development or use of numeric nutrient criteria. The reason is that these
mechanistic models (Scavia et al., 2004; Cereo and Noel, 2004) are load-response models,
not empirical stressor-response models, and hence they obviate the need for numeric nutrient
criteria because they directly link nutrient loads to response variables that represent water
quality impairments (e.g., dissolved oxygen, chlorophyll, water clarity and acreage of
submerged aquatic vegetation). This reasoning applies not only to mechanistic models but
can also apply to empirical models. Turner et al. (2008) and Hagy et al. (2004) developed
empirical statistical models for hypoxia in the Gulf of Mexico and Chesapeake Bay,
respectively. Both of these models are load-response models and neither involves numeric
nutrient concentrations. Further support for this reasoning can be found in Carleton et al.
(2005), an EPA study designed to demonstrate the use of mechanistic models to develop
nutrient criteria. In fact, in the two examples presented in this study, mechanistic models
were actually used as load-response models and not to develop ambient nutrient
concentration criteria.

Key recommendations concerning identification of the scope, limitations, and intended use of the
document
As a consequence of the Committee's discussion and the findings listed above, we provide the
following recommendations for revising the Guidance
1. EPA should specify how the Guidance is to be used in combination with other EPA
nutrient criteria technical guidance manuals. In the preamble, the Guidance should
clearly state that the contents represent one of several possible approaches (i.e., the
stressor-response framework in the Guidance, mechanistic modeling, reference condition,
and the application and/or modification of established nutrient/algal thresholds) that
should be considered when deriving numeric nutrient criteria, and expand upon the utility

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 of considering all approaches in a tiered weight-of-evidence approach before deciding on
a particular course of action. In this regard, the Guidance should indicate that numeric
nutrient concentration criteria and load-response models should be considered as two
different approaches for accomplishing the goal of controlling excessive nutrient
loadings. To provide additional information on other approaches, EPA should consider
appending to the document relevant portions from earlier guidance manuals.
2. EPA should more clearly articulate how the Guidance fits within the decision-making and
regulatory processes and, specifically, how it relates to and complements EPA' s nutrient
criteria technical guidance manuals and other EPA technical documents. Outlining the
fundamental principles that underlie the use of stressor-response relationships and
providing background information on water quality impairments (e.g., causes and types
of impairments, types of designated uses) might provide a useful context. Including a
clearer description of how water-use designations influence the derivation of empiricallyderived nutrient criteria might be considered as well. Considering the number and
usefulness of other EPA-developed processes and recommendations, the authors should
consider how they might improve the integration of this document with other EPA
efforts. For example, the Guidance would benefit by incorporating the problem
formulation stage that is part of the Ecological Risk Assessment process (see Figure I of
this advisory report).
3. In the Guidance, EPA should address the importance of: I) establishing linkages among
designated uses, measured responses, stressors, and measures of stressors; and 2) relating
measures of responses directly to deleterious effects on designated uses. We agree with
the statement in the Florida Department of Environmental Protection's letter of
September 4, 2009 (letter from Daryll Joyner, Florida Department of Environmental
Protection to Thomas Armitage, Designated Federal Officer, EPA Science Advisory
Board Staff Office) indicating that the "most scientifically defensible strategy for
managing nutrients within the range of uncertainty is to verify a biological response prior
to taking a management action." This risk/performance-based approach to setting
nutrient criteria is evident not only in Florida's program, but also in those developed by
California and Maine (Florida Department of Environmental Protection, 2009; Maine
Department of Department of Environmental Protection, 2009; McLaughlin and Sutula,
2007). Those risk-based linkages are not addressed in either the Guidance or EPA's
Nutrient Criteria Technical Guidance documents for Rivers (U.S. EPA, 2000a),
Lakes/Reservoirs (U.S. EPA, 2000b), and Estuaries (U.S. EPA, 2001).
4. In the Guidance, EPA should emphasize that the document does not address downstream
effects of nutrient enrichment, which are intended to be the focus of a separate future
document. Load-response models may prove useful in addressing downstream effects.
The Committee has some reservations about addressing downstream effects in a separate
document because fragmentation of the guidance documents will increase the likelihood
that each will be used in isolation and potentially provide misleading results.
5. In the Guidance, EPA should acknowledge key factors that have appeared to limit state
progress toward developing nutrient criteria. It is the Committee's understanding that

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 one of the key aims of the Guidance is to accelerate State progress toward adopting
numeric nutrient criteria. Because a variety of issues (such as limited availability of data
and technical expertise, insufficient resources, and expense) are likely responsible for
slow progress, the Guidance may not sufficiently remedy the underlying problems and
therefore not facilitate state numeric nutrient criteria adoption. A more thorough
exploration of the underlying reasons for slow progress would help EPA more directly
address specific issues that impede progress.
Key recommendations concerning identification of the most scientifically defensible approaches
to deriving numeric nutrient criteria
6. In the Guidance, EPA should recommend that users consider alternative conceptual and
methodological approaches in cases where such approaches may be needed to account for
complex problems associated with nutrients. The problem of eutrophication is complex,
involving multiple causal variables, multiple response variables, and feedbacks among
the variables (e.g., plants increase in response to nutrients then, in turn, those nutrients
are provided a second time as plants decay). Moreover, response variables can be at
multiple levels - primary response variables (e.g., plants), secondary response variables
(e.g., dissolved oxygen [DO], pH), and tertiary response variables (e.g., fish,
macroinvertebrates ). A change in a response variable is unlikely to be satisfactorily
described by changes in a single "causal" variable (e.g., total nitrogen [TN] or total
phosphorus [TP]). The Committee suggests that developing conceptual models/diagrams
(more detailed and accurate than shown in Figure 10 of the Guidance) to illustrate
linkages and feedbacks between nutrients and response variables would be a useful
approach to capture ecological complexity and better construct the conceptual
framework.
7. In the Guidance, EPA should explicitly acknowledge the conditions under which the
stressor-response relationship applies. For example, the stressor-response relationship is
relatively strong and well-established in lakes and reservoirs as opposed to streams and
rivers where the relationship is more complex and influenced by many factors (e.g.,
shading, sediment, flow regime). In cases where the relationship is not the most
appropriate lens through which the problem should be viewed, the user could be directed
to other approaches that might better fit the problem. Other documents referenced above
(e.g., Florida nutrient guidance document) provide useful examples. The Guidance
would benefit from addition of an inset "red-flag" text box that lists circumstances or
system characteristics that would alert the user to the need to consider approaches other
than stressor-response. This box also might caution the user about mixed systems that
have been highly modified and are not easily classified. Likewise, these caveats should
also include explicit recognition that the most appropriate criteria may depend upon
contexts of the waterbody (e.g., shaded versus open canopy streams), as was done in
Florida's guidance document. Searching for a single statewide criterion might obscure
important relationships.

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 8. The Committee suggests that EPA consider the following two key questions as the
Agency selects variables to develop numeric criteria: 1) which measures will allow
detection of impairment of designated uses? and 2) is the relationship sufficiently strong
to determine a management or regulatory target (i.e., a criterion) to ensure that the
designated use is protected? In certain cases, the most appropriate numeric criterion may
not be a particular concentration level of a nutrient. Moreover, the stressor-response
framework is but one approach for developing numeric nutrient criteria, and often it may
not be the most appropriate. Because this concern cuts across all recommendations and
approaches included in the Guidance, and also cuts across all charge questions, it must be
addressed.
Key recommendations to increase the usability of the Guidance and reduce the likelihood of
misuse

9. EPA should consider modifying the steps that provide the framework of the Guidance.
The Committee suggests that the steps in the framework should be more specific and
descriptive. An example is illustrated in Figure 1 of this advisory report. Two important
aspects of the example in Figure 1 currently are missing from the Guidance: problem
formulation/goal development and conceptual model development should be the first
steps in the process, and the framework should contain an explicit step to determine
whether the stressor-response relationship is appropriate.
10. EPA should revise the Guidance to include more detailed and descriptive information on
the use of the statistical methods discussed in the document. In addition, EPA should
provide additional support to help users meet the technical demands of the methods. The
Committee finds that that the current draft of the Guidance is written for a user with
considerable statistical expertise that may or may not be possessed by state water
agencies. This potential mismatch has two serious potential consequences. First, the
Guidance will not be helpful if it cannot be easily used by state/tribal water scientists, and
second, the recommended methods could be misused and/or misapplied if not sufficiently
understood by the user. As a corollary, the Guidance could specify the level of expertise
needed by potential users. Correctly identifying the level of expertise of the anticipated
users and providing detailed and descriptive information for them is perhaps the most
critical step in the continued development and refinement of the Guidance. As part of
this process, EPA needs to outline a relatively straightforward process that the users can
follow to employ the methods described, and provide technical support for their use.
11. In the Guidance, EPA should more clearly express the caveats and limitations of the
approaches presented. In this regard, the following issues are of greatest concern to the
Committee: a) The approaches presented in the Guidance are correlative and do not
demonstrate causation. b) Many water quality problems are site-specific and
confounding variables likely exist. c) As further discussed in the responses to charge
questions 2, 3 and 5, there are limitations associated with the retrospective approaches
that are the primary focus of the Guidance, and also shortcomings associated with the
multivariate techniques presented in the document. In particular, EPA should better

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 identify potential confounding variables and other latent variables that may affect the
response.
12. The Guidance should be revised to include additional information (i.e., technical
guidance) and more examples showing when and how to use different approaches
presented in the document, the advantages and limitations of each approach, the
underlying assumptions and data requirements, appropriate interpretations of statistical
results, and how to best parameterize the statistical models. This "how-to" information
could take a number of forms, including keys, inset boxes, and appendices. Users must
be given additional information that provides a clear understanding of why and under
which conditions they should consider any particular approach. Related to this, the
Committee recommends that the Guidance contain additional examples of the methods
described in the document. Specific topics that might be included in this technical
guidance include: how to modify the approaches in order to derive site-specific criteria,
how to identify thresholds, use of weight-of-evidence approaches, and how to handle
censored values. EPA also could include an appendix that lists other sources of
assistance (e.g., Regional Technical Assistance Groups [RTAGs]), and methodological
resources). Organization of the document and current section headings also could more
clearly identify the steps involved in the suggested empirical approaches. It would also
be helpful to incorporate case studies that apply data sets typical of what most states
have. These case studies could highlight decision points in the process of criteria
derivation. The use of a single case study across all the various approaches suggested in
the document would be particularly helpful.
13. The document should better address data requirements (including data acquisition and
data quality requirements). Without providing guidelines on data requirements, the
potential for applying techniques to inappropriate or inadequate data sets is great. The
Committee recommends casting this discussion in terms of data quality objectives
(DQOs) and therefore suggests the following process: 1) state the problem; 2) identify the
decision; 3) identify inputs to the decision; 4) define the study boundaries; 5) develop a
decision rnle; 6) specify tolerable limits on decision errors; and 7) optimize the design for
obtaining data.

3.2.

Charge Question 2. Selecting stressor and response variables
Section 1 of the draft guidance document reviews how to select the variables that
appropriately quantify the stressor (i.e., excess nutrients) and the response (e.g.,
chlorophyll a, dissolved oxygen, or a biological index). Please comment on whether
the factors to consider described in Section 1 of the draft document are
appropriate for selecting response variables that are sensitive to nutrients and
related to measures of designated uses.

Section 1 of the EPA Guidance reviews factors to consider when selecting stressor and
response variables for empirical derivation of numeric nutrient criteria. The Committee finds
that this section of the Guidance could be strengthened and recommends that EPA include
additional material to address the points discussed below. Although the current version of the

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 Guidance addresses some of these points, we recommend including additional examples and
revisions to further develop various parts of the text as discussed below.

Findings on selecting response variables
•

Although the Guidance states that response variables should be coupled to designated uses,
the Committee finds that this point needs additional elaboration. Some response variables
described in the Guidance are clearly related to designated uses (e.g., DO) but the linkage of
other responses to designated uses is less obvious or not as well supported scientifically (e.g.,
macroinvertebrate species richness). Despite the importance of DO and the fact that a large
number of waterbodies are impaired due to low DO concentrations, none of the examples in
the Guidance include DO as a response variable. This is a significant omission that needs
correcting. The Committee notes that appropriate response variables are also highly
ecosystem specific. For example, chlorophyll concentrations are often more clearly related
to designated uses for lakes than streams. While response variables for single taxa (e.g.,
salmon) may be tightly related to designated use, multimetric variables (macroinvertebrate
indices, index of biotic integrity [IBI]) may be more powerful for integrating the response to
nutrients at the community or ecosystem level. The Guidance would be strengthened by
including more discussion relating ecosystem type and potential response variables to the
designated uses (a table with some accompanying text might be an effective way to do this).
[See the response to Charge Questions 3, 5, and 7 for additional discussion.]

•

Conceptual model development should be required and should be incorporated early in the
process of criteria development (see Figure I of this advisory report). Conceptual models are
an important component in selection of response variables. Any stressor-response
relationship used in criteria development must have ecological relevance (based on
ecological understanding of the system) that can be readily explained and defended as
discussed in step two in the Guidance. Conceptual models based on past empirical and
experimental studies are important for identifying the mechanisms responsible for responses
and effectively communicating this linkage. In the framework suggested by the Committee
(Figure I), developing the conceptual model is the second step in the process. [See the
responses to Charge Questions 4 and 6 for additional discussion.]

•

The Guidance would be strengthened considerably by presentation of examples illustrating a
strong nutrient-response relationship and, as previously mentioned, clear linkage of the
response variable to a designated use. It is important to clearly present the rationale for such
linkage. Some of the examples in the Guidance illustrate relationships with very low R 2 and
response variables that are not clearly related to designated use. [See the responses to Charge
Questions 3, 5, 6, and 7 for additional discussion.]

•

In the Guidance, further discussion of potential response variables appropriate for nutrient
effects on detritus-based systems is warranted (e.g., how macroinvertebrate populations
dependent on detritus may respond). The Guidance focuses on nutrient-response
relationships driven by autotrophic processes (nutrients directly control algal growth,
excessive amounts of which impair systems through indirect effects on DO, food web

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 changes, and aesthetics). However, nutrients can also directly control heterotrophic microbes
(bacteria, fungi) and indirectly control decomposition of organic matter. Excessive nutrient
levels could produce large microbial growths or alter food webs in detritus-based ecosystems
(e.g., many streams). Studies in the literature are cited, but examples using relevant response
variables (e.g., shredder macroinvertebrate biomass, leaf breakdown rate) would be useful.

Findings on stress or and related variables
•

In the Guidance, more discussion is needed to outline and provide advice on the rationale for
selecting variables that should be included in data collection to allow: I)
classification/stratification of data prior to evaluation of stressor-response relationships (e.g.,
development of different criteria for different strata of systems); and 2) use of multivariate
approaches to separate the influence of nutrients from other stressors (e.g., sediments, light
regime, toxics). Stratification/classification is a particularly important issue for defining
nutrient stressor-response relationships for streams where other factors can impose
significant constraints on the effects of excess nutrients on designated uses. For example,
nutrient-chlorophyll relationships may not be observed in highly shaded (forested) streams,
but may be significant in open-canopy streams. Similarly, nutrient-chlorophyll relationships
may be weak in high gradient streams but much stronger in low-gradient streams. For lakes,
nutrient-chlorophyll relationships may be much different for highly-colored (high dissolved
organic carbon [DOC]) versus clear (low DOC) systems. [See the responses to Charge
Questions 3 and 5 for additional discussion.]

•

Single variable stressor-response relationships (e.g., those derived using the simple linear
regression approach discussed in the Guidance) that explain a substantial amount of variation
are likely to be uncommon for most aquatic ecosystems (in particular, streams). Multivariate
approaches (multiple regression, structural equation modeling [SEM], etc.) may be needed to
identify nutrient effects. These approaches require data on other potential stressors or
constraining variables. Multivariate approaches may also be useful early in the analysis to
determine whether nutrient effects are significant relative to other stressors and constraints
and whether/how to pursue the nutrient effects using simple univariate regressions, perhaps
after stratification of systems. [See the response to Charge Question 5 for additional
discussion.]

•

The Guidance focuses primarily on TN and TP as the primary nutrient stressor variables. In
systems where inorganic nutrients are the dominant form, some consideration should be
given to inorganic N and inorganic P. It is easier to measure the inorganic forms of N and P
and more and/or better data may be available for these forms. This is particularly true for
ammonium and nitrate versus TN, but perhaps less so for P.

•

In many regions N and P are often co-limiting to plants and microbes and stressor-response
relationships based on only one nutrient are weak. Nevertheless, nutrients (N and P) may be
the primary factor controlling productivity/biomass. There have been several recent papers
arguing for management ofN and Pin combination rather than singularly (Lewis and
Wurtsbaugh, 2008; Conley et al., 2009; Paerl, 2009). This would suggest development of

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 multivariate stressor-response relationships (e.g., multiple regression) that include both N
and Pas independent variables.
•

A basic conceptual problem concerning selection of nutrient concentrations as stressor
variables (as illustrated in the Guidance) is that nutrient concentrations directly control only
point-in-time, point-in-space kinetics, not peak or standing stock plant biomass. Plant
biomass is driven by nutrient supply rates (i.e., nutrient mass loads). Ambient nutrient
concentrations are not necessarily good surrogates for nutrient mass loads. Relationships
between nutrient mass loads and ambient nutrient concentrations are highly system-specific
and depend on many factors including inflows, hydrology, bathymetry, sediment-water
exchanges and chemical-biological processes. Consequently, there may be many systems for
which nutrient concentrations will not be appropriate stressor variables. For such systems it
may be more appropriate, and scientifically defensible, to use site-specific mechanistic
models incorporating loading to determine the nutrient controls required to attain designated
uses.

Findings on temporal/spatial aspects of data
•

The Guidance provides little discussion regarding the temporal/spatial aspects of data needed
to develop relevant stressor-response relationships. For example, the document could be
strengthened by providing additional material to address the following questions. "Under
what conditions might the use of mean/median or maximum/minimum values of stressor and
response variables be more appropriate than discrete instantaneous measurements?" "Are
there instances when the use of temporally out-of-phase stressor and response data are most
appropriate (e.g., the widely recognized relationship between spring nutrient concentration
and summer maximum chlorophyll concentration in lakes)?" "How can time series or
longitudinal data in specific systems be used to develop more generalized stressor-response
relationships?" Although such guidance may be covered in the various system specific
technical manuals (U.S. EPA, 2000a, 2000b, 2001), a summary/synthesis of the major points
of these earlier documents should be included in the empirical approaches document.

•

The Guidance could be strengthened by including a discussion of the importance of
considering "data bias" in interpreting the stressor-response relationships. This discussion
should focus on how "data bias" (i.e., limits on data representativeness) might affect
predictive performance and uncertainty in stressor-response relationships. Uncertainty
imposed by model assumptions should also be discussed. Specifically, additional guidance is
needed with regard to interpretation of data from particular environments (e.g., a set of lake
data from a particular region) and its appropriateness (or lack thereof) for describing
conditions more broadly. It would be helpful to include in the Guidance examples
illustrating databases that would be "ideal" or appropriate for each empirical model
presented. For example, information could be provided to indicate whether a conceptual
model for considering nutrient criteria might be best approached using: seasonal data; data
from shaded versus unshaded streams; data from wadeable streams versus big rivers; and/or
long versus short term averages of data describing the stressor or the response. [See the
response to Charge Question 6 for additional discussion.]

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 •

It would be useful to include in the Guidance some discussion of how nutrient recycling and
other feedbacks influence stressor-response relationships. For example, the Guidance could
be strengthened by addressing the following questions. "How does recycling contribute to
variability and uncertainty in stressor-response relationships?" "Are there variables that can
be used in stressor-response relationships to account for recycling?"

Key recommendations concerning selection of variables to appropriately quantify the stressor
and response
The Committee provides the following key recommendations to address the findings above
and strengthen Section 1 of the Guidance.
1. The Guidance should be revised to elaborate upon the coupling of response variables to
designated uses and the importance of ecological relevance of the stressor-response
relationship. Examples should be included to further illustrate this important point. The
examples should show strong nutrient-response relationships. The Guidance should be
revised to include at least one example for DO as a response variable. Ideally, each method
should include an example for streams/rivers and an example for lakes. If empirical stressorresponse relationships are not appropriate or workable for DO in lakes, then the Guidance
should state this specifically and recommend other approaches, for example, site-specific
mechanistic models. There are a large number ofwaterbodies that are impaired by low DO
and the draft Guidance is silent on this important nutrient-related problem.
2. The Guidance should be revised to include discussion of potential response variables
appropriate for assessing nutrient effects on detritus-based systems.
3. The Guidance should be revised to include more discussion and advice concerning selection
of variables and data needed to allow:
-

Classification/stratification of data prior to evaluation of stressor-response
relationships (e.g., development of different criteria for different strata of systems).

-

Use of multivariate approaches to separate the influence of nutrients from other
stressors (e.g., sediments, light regime, toxics). In general, the importance of
multivariate stressor-response relationships and tools for multivariate approaches
should be further discussed in the final Guidance.

4. In systems where inorganic nutrients are the dominant form, the Guidance should
recommend considering inorganic N and Pas nutrient stressor variables.
5. The basic conceptual problem associated with selecting nutrient concentrations as stressor
variables should be addressed in the Guidance (i.e., nutrient concentrations directly control
only point-in-time, point-in-space kinetics, not peak or standing stock plant biomass).
6. The Guidance should be revised to include discussion of:

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 3.3.

-

The temporal/spatial aspects of data needed to develop relevant stressor-response
relationships. (e.g., are there instances when the use of temporally out-of-phase
stressor and response data are most appropriate?)

-

How "data bias" ( e.g., data from different types of systems) might affect predictive
performance and uncertainty in stressor-response relationships.

-

How nutrient recycling and other feedbacks influence stressor-response relationships.

Charge Question 3. Approaches to demonstrate the distribution of and
relationships among variables
Section 1 outlines methods to visualize available data. Please comment on the
effectiveness of the following approaches described in the document (listed below)
to demonstrate the distribution of and relationships among variables.
a) Basic data visualization techniques
b) Maps
c) Conditional probability
d) Classifications

Section 1 of EPA' s Guidance discusses exploratory data analysis and presents several
methods for demonstrating the distribution of and relationships among variables. Several basic
plotting techniques are presented in Subsections 1.2 - 1.6 of the document. This is followed by a
description of conditional probability analysis (a statistical approach for summarizing how
changes in nutrient concentrations are associated with the probability of waterbodies attaining
their designated uses). The Committee was asked to comment on the effectiveness of the
methods presented in this section of the Guidance.
The Committee notes that the response to Charge Question 3 necessarily overlaps with
responses to other charge questions, particularly those that focus on identifying stressor-response
relationships and conducting statistical analyses. We emphasize that visualization of data is of
secondary importance if the data and statistical methods being visualized are inappropriate,
because the visualization in itself suggests authenticity. Furthermore, the exploratory data
analysis, including visualization, should be conducted prior to inferential statistical analyses of
potential stressors and responses. The objectives of exploratory data analysis should be to better
understand the system of interest and to maximize the accuracy and minimize the variability of
the subsequent stressor-response relationships. The Committee finds that discussion of
exploratory data analysis in the Guidance would be more effective if the document were
reorganized and expanded to address the following points.
•

The Guidance would be more effective if exploratory data analysis were included by itself in
a separate section of the document following a major section on problem formulation
(corresponding to the Framework in Figure 1 of this advisory report).

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 •

Additional methods for exploratory data analysis should be described in the Guidance. These
additional methods should include: the use of summary statistics; time series plots at fixed
points in space; longitudinal plots at fixed points in time; bubble plots; Pearson and other
types of non-parametric correlation analyses; and maps that show temporal (monthly,
seasonal, inter-annual) as well as spatial patterns.

•

Clear guidance is needed for identifying when and how the statistical methods and
visualization techniques should be used. The strengths and limitations of the methods should
also be identified. It would be useful to show several case examples that range from statewide to local and data-rich to data-poor, and exemplify different types of aquatic ecosystems
(e.g., headwater streams, large rivers, lakes and estuaries). Examples should note the
strengths, limitations, assumptions and uncertainties that must be considered when using the
methods to explore and visualize the data, and subsequently develop the criteria. These
examples should demonstrate how nutrients can be identified as significant stressors when
multiple stressors and habitat factors are present and may affect the resident communities.
[See the response to Charge Question 5 for additional discussion.]

•

The discussion in Subsection 1.6 of the Guidance (examination of stressor-response
distributions across different classes, e.g., ecoregions) should be expanded. The subsection
should discuss additional data analysis and contain examples for different spatial
classifications (e.g., ecoregions, states, watersheds, systems of interest), different waterbody
types (e.g., streams, rivers, lakes, estuaries) and other important physical and chemical
characteristics that could affect the applicability of the nutrient criteria. [See the response to
Charge Questions 2 and 5 for additional discussion.]

•

The examples provided in the Guidance generally do not demonstrate a strong nutrient
stressor linkage to beneficial use impairment. The stream examples show very weak
correlations that have high levels of uncertainty and the examples lump data from distinctly
different ecosystems where multiple factors in addition to nutrients will contribute to biotic
responses. [See the responses to Charge Questions 5, 6, and 7 for additional discussion.]

•

All of the statistical and visualization methods discussed in Subsections 1.2 -1.6 of the
Guidance can be effective but they should be presented and used in a combined, weight-ofevidence approach because they each involve exploring the data in different ways. [See the
responses to Charge Questions 1, 3, 5, and 7 for additional discussion ofweight-ofevidence.]

•

The Committee emphasizes the importance of choosing the biological endpoints (i.e.,
response variables) that respond specifically to nutrients. We note that responses ofbenthic
indices can be related to many types of stress. We question why periphyton would not be a
better receptor to measure.

•

The Committee suggests that field-based species sensitivity distributions (SSDs) may be
useful for nutrient criteria development. We note that SSDs have been used effectively in
recent publications for establishing guidelines (or refuting them) for contaminants,
temperature, and salinity (Hickey, 2008; Leung et al., 2005).

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 The Committee also notes the following technical edits and corrections needed in the Guidance.
a. Clarify that macroinvertebrate richness is plotted in examples in Subsection 1.3.
b. The Guidance (p. 7) states that "variables are equally weighted" yet only one variable is
plotted in each box plot. A better statement would be: "One limitation for box plots is
that all of the samples are equally weighted."
c. Explain probability survey design and data smoothers or provide references.
d. Figure 7 is very confusing to those unfamiliar with scatterplot matrices; some additional
explanation regarding how to "read" the horizontal and vertical axes of each graph in the
matrix would help. Suggested wording: "For each scatterplot, its x-axis is the variable
stated in the column in which the graph appears. Its y-axis is the variable stated in the
row in which the graph appears."

Key recommendations regarding methods for demonstrating the distribution of and
relationships among variables
As discussed above, the Committee recommends that EPA restructure and revise the
Guidance to strengthen discussion of methods for demonstrating the distribution of and
relationships among variables. The following key recommendations are provided.
1. The Committee recommends that the Guidance be clarified by reframing Subsections 1.2
through 1.6 as a separate major section on exploratory data analysis. These subsections
should follow another separate major section on problem formulation (see Figure 1 of
this advisory report), and the material in Subsection 1. 1 (selecting stressor and response
variables) should be moved to later section(s) of the document.
2. The Guidance should be revised to include additional methods for exploratory data
analysis. These additional methods should include: the use of summary statistics; time
series plots at fixed points in space; longitudinal plots at fixed points in time; bubble
plots; Pearson and non-parametric correlation analyses; and maps that show temporal
(monthly, seasonal, inter-annual) as well as spatial patterns.
3. Subsection 1.6 of the Guidance should be expanded to include additional examples of
different spatial classifications. Specifically, the classification subsection of the
Guidance (Subsection 1.6) should be expanded with data analysis examples for different
spatial classifications (e.g., ecoregions, states, watersheds, systems of interest), different
waterbody types (e.g., streams, rivers, lakes, estuaries) and other important characteristics
that will affect the applicability of the nutrient criteria. These characteristics could
include, but should not be limited to, stream order, flow, velocity, canopy cover,
dissolved oxygen, reference condition trophic status, channel width and depth.
4. The Guidance should be revised to clarify, early in the document, that there are many
useful statistical and visualization methods that are not presented and which may be
useful. The more common/well accepted methods could be listed in a table with
references. It may also be useful to mention methods that are inappropriate. With each

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 method the associated strengths, limitations, assumptions and uncertainties should be
noted to better guide the user.
5. Several case examples of exploratory data analysis should be included in the Guidance.
These examples should illustrate cases ranging from national to local in scope, and datarich to data-poor, with guidance on how best to explore and visualize the data.
6. The Guidance should contain additional information concerning statistical assumptions
associated with various methods. Some guidance should be presented, as in other EPA
documents (e.g., U.S. EPA, 2006a; U.S. EPA, 2006b), to address the importance of
ensuring that statistical assumptions are not violated and that adequately trained
statisticians, in concert with experienced aquatic ecologists and environmental modelers,
evaluate the data. An example could be included to show how overly simplistic
statistical analysis could not identify a relationship that became evident after
complex/advanced analysis. The Committee notes that CProb 1.0, EPA's tool for
conditional probability analysis was developed with the R language and environment for
statistical computing. The Committee questions whether R, an open-source freeware
product that is becoming very popular, is completely acceptable, in the sense that there
are many R-macros in use that remain to be properly "vetted." There should be some
level of assurance that the recommended R-products have been properly vetted (e.g.,
CProb 1.0).
7. The Guidance should contain a quantitatively based weight-of-evidence framework using
multiple methods and then combining them into figures and tables for visualization.
Multiple statistical methods on one data set do not equate to a reasonable weight-ofevidence that significantly reduces uncertainty. Rather, the weight-of-evidence should
involve different assessment methods (e.g., different data sets, different biological
endpoints, measures of habitat, etc.). This premise has been embraced by other EPA
programs and the scientific community (Adams, 2003; Burton et al. 2002; Chapman,
2007; Chapman et al., 2002; Collier, 2003; Cormier et al., 2010; Fox, 1991; Linder et al.,
2010; Linkov et al., 2009; Suter et al., 2002; Suter et al., 2010; U.S. EPA, 2000c; Weed,
2005; Wickwire and Menzie, 2010).
8. The Guidance should contain a discussion of how the stressor/response variables to be
used are linked to one another in space and time for further analysis. There is no mention
of this in Subsection 1.1 of the Guidance. The Committee questions whether it should be
assumed that stressor/response measurements always occur at the exact same time and
locations. It is also important to ensure that high flow events have been measured. It is
well established that most nutrient loading occurs during high flows. Therefore, the
influence of seasonality and smaller-scale temporal dynamics (e.g., storm events) and the
importance of linking stressor and response variables with these factors should be at least
noted in the Guidance.
9. The Guidance should discuss the use of modeled data (e.g., land use characterization,
hydrology, surface runoff, receiving water quality) for estimating nutrient
concentrations/exposures. The pros and cons associated with the use of such data should

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 be briefly mentioned. There are a number of EPA-supported models that have been
widely used and documented in recent years (e.g., HSPF, BASINS, QUAL2K, WASP,
AQUATOX, and Chesapeake Bay WQSTM). Some of these are integrated watershed
models designed to represent inflows and non-point source runoff loads. Typically, they
are used as a "loading engine" for a receiving water quality model. Receiving water
quality models describe load-response relationships for exposures (ambient nutrient
concentrations) and effects (e.g., plant biomass, zooplankton, dissolved oxygen), and
response parameters that represent use impairment. Some receiving water quality models
can address multiple stressors. For example, they can include N, P and silicon as
potentially limiting nutrients, sediment (suspended solids) and its influence on
underwater light attenuation, incident solar radiation, temperature, and grazing pressure.
It is possible to use these water quality models to describe exposure (in terms of ambient
nutrient concentrations) but in the absence of empirical data, this would not be
scientifically defensible.
10. The Committee recommends that EPA re-evaluate many of the figures in the Guidance
(e.g., 4-8, 13-16, 21, 25, and 26). These figures show widely varying data that
demonstrate weak relationships.
11. The Committee recommends that the Guidance be revised to clearly indicate the
statistical assumptions and uncertainties that should be taken into consideration when
using methods described in the document. Some of the methods are complex and their
descriptions lack transparency. Guidance should be provided to ensure that states and
other users have an understanding of the data requirements and limitations, the associated
statistical assumptions, and uncertainties.
12. The document should contain a discussion of ways to examine the independent and
interactive effects of the variables to be considered in deriving numeric nutrient criteria
(i.e., provide a menu of options to examine independent and interactive effects).
Statistically, there are several well known ways to address additional contributing
variables, such as total suspended solids (TSS). One way would be to use a multiple
regression model or analysis of covariance (ANCOVA). This would be a valuable
approach, as the additional variables are to be treated as continuous variables, and
interaction terms could be added to see if the effects of TN/TP were dependent on levels
of TSS, which would be expected, particularly for TP. If one treats the additional
variables as factors then an analysis of covariance (ANCOVA) model would be most
appropriate. For example, if there were a TSS threshold of interest, a relationship could
be established between an invertebrate endpoint and nutrient levels above and below a
critical TSS threshold. This would allow one to examine independent and interactive
effects.
13. The Guidance should mention the potential benefits of using proxy variables in an initial
approach for exploratory analysis of data trends. For example, variable data sets that are
easier and more practical to obtain, such as more generic point/nonpoint source loadings
or commonly sampled stressor/response variables, might be used as proxy variables for
exploratory analysis of data trends. This is briefly mentioned in Subsection 3 .1 of the

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 Guidance (auxiliary model), but such an approach could also be useful for selecting
stressor/response variables early in the process (Section I).

3.4.

Charge Question 4. Methods for assessing the strength of the cause-effect
relationship
Section 2 of the draft guidance document describes methods for assessing the
strength of the cause-effect relationship represented in the stressor-response
linkage. Please comment on whether the draft guidance document adequately
describes how conceptual models, existing literature, and empirical models can be
used to assess how changes in nutrient concentration are likely to cause changes in
the chosen response variable.

Section 2 of the Guidance provides a summary of how the strength of tentative stressorresponse pairings from step I can be assessed. Certainly, as indicated in the Guidance,
conceptual models and existing literature can be used to support relationships that will be
explored with the statistical analysis that follows. At this stage of the analysis, stressor-response
relationships for which there is no reasonable conceptual model or literature to explain the
underlying mechanisms would be of limited value for setting criteria. Such relationships should
be set aside. The Committee finds that the Guidance should be improved by incorporating
revisions to address the following points.
•

Section 2 of the Guidance does not address the strength of the stressor-response relationship,
but rather support for the stressor-response relationship that is to be explored statistically.
"Support" for the stressor-response relationship, rather than "strength" of the relationship,
would be a better term to use in this section of the Guidance, because strength refers to the
"tightness" of the statistical association between stressor and response. Use of the term
"support" would, therefore, be less confusing to the user.

•

It is not clear why information from mechanistic models was not included in Section 2 of the
Guidance. Because mechanistic models can integrate information on the interactions of
major ecosystem processes to derive quantitative estimates of effects, they too should be
discussed as a possible way of supporting the stressor-response relationship. [See the
response to Charge Question I for additional discussion.]

•

Additional discussion of conceptual model selection (with specific examples) would be
helpful. There are many ways to select a conceptual model and various model selection
criteria that could be applied. An expanded discussion of these issues could help provide
further background for a user of the document. Specific examples could be followed in later
sections with discussion of statistical approaches to analyze the strength of the potential
cause-effect relationships. In other words, EPA could provide an example from beginning to
end that a user could follow from step to step. [See the response to Charge Questions 1, 2,
and 6 for additional discussion.]

•

One important aspect of finding support for stressor-response pairings is that without formal
training and practical experience in the sciences, especially biological and ecological

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 disciplines, it is difficult to fully understand the complex relationships that may be identified.
The Guidance should state the level of statistical and ecological expertise needed to use the
document. [See the response to Charge Question 1 for additional discussion.]
•

Structural equation modeling (SEM) and Propensity Score Analysis (PSA) are techniques
that can be used to organize and evaluate relationships between nutrients and response
variables when extensive data are available. SEM might be more useful in tracing pathways
(it is also called path analysis) of cascades that are initiated by excess nutrients than in
defining criteria candidates. A relevant example of SEM is really needed in the Guidance if
this approach is to be considered by users. PSA, on the other hand, seems to be useful for
sorting out groups that share covariates but may have unique nutrient characteristics. Such
sorting could lead to a clearer understanding of how nutrients function amid multiple
covariates. The example of PSA in the Guidance appendix is helpful, but further explanation
of how to interpret the results of the analysis is needed. An analysis such as PSA might
really belong in a later section of the document, as it is used for data analysis rather than
supporting potential relationships.

•

A reasonable way to assess nutrient effects might be to split data sets (through PSA, principal
components analysis, and/or cluster analysis) to enable a system-specific analysis (or analysis
of a small groups of sites). Given the many factors that affect streams and rivers, systemspecific analysis really provides an assessment of whether altering nutrient concentrations
would have the desired effect on the biotic communities present. Possible factors to consider
in splitting data for streams and rivers might include, for example, stream order, flow,
velocity, canopy cover, dissolved oxygen, bottom type, channel width, habitat, and depth.
[See the responses to Charge Questions 2 and 5 for additional discussion.]

•

Experimental validation of causal relationships between nutrient and response variables
should be approached with caution. The final method discussed on page 17 of the Guidance
is experimental validation of causal relationships between selected nutrients and response
variables. The Committee notes that this approach could be helpful in situ and there are
examples of this (Benstead et al., 2009; Cross et al., 2006; Cross et al., 2007; Greenwood et
al., 2007; Peterson et al., 1985; Slavik et al., 2004; Stockner and Shortreed, 1978), but
mesocosm or laboratory experiments are of limited use in validating causal relationships
between nutrient and response variables. For example, Hill and Fanta (2008) and Hill et al.
(2009) showed in Oak Ridge National Laboratory artificial streams how P and light interact.
This type of work provides fundamental data on how stream algae respond to P and light, and
supports basic conceptual models of this relationship. These and previous studies have
shown that, under controlled conditions it takes very little P to maximize algal growth given
high light and this fundamental relationship could be applied to any stream in the U.S.
However, the relationship is often not observed in data sets because other factors such as
bottom substrate, turbidity, canopy cover, hydrology, or depth limit algal production.
Therefore, caution must be used in applying a relationship from a subset of data to all data
from systems that do not have the same or similar conditions. [See the response to Charge
Question 6 for additional discussion of model validation.]

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 Key recommendations concerning methods for assessing the strength of the cause-effect
relationship represented in the stressor-response linkage

In light of the comments and findings discussed above, the Committee provides the following
key recommendations to improve Section 2 of the guidance.
1. Section 2 of the Guidance would be more appropriately titled "Assessing Support for the
Potential Cause-Effect Relationship."
2. Mechanistic models should be discussed in the Guidance as one way of supporting the
stressor-response relationship.
3. The discussion of conceptual models should be expanded to address various criteria for
model selection, and additional examples should be included.
4. The level of statistical and ecological expertise needed to use the Guidance should be
stated.
5. Structural Equation Modeling (SEM), offered as an alternative model for exploring
nutrient-ecosystem response, should be more fully explained with clear examples.
6. Further explanation of how to interpret the results of propensity score analysis (and
additional examples) should be included in the Guidance.
7. Experimental validation of causal relationships between nutrient and response variables
should be approached with caution because a number of factors can affect the response of
a system to nutrient enrichment.
3.5.

Charge Question 5. Statistical methods to analyze the data
Section 3 of the draft guidance document outlines statistical methods to analyze
the data to estimate stressor-response relationships. Please comment on the
appropriateness of the methods outlined in the document (listed below) for
describing stressor-response relationships associated with nutrient pollution.
What approaches would you recommend that could effectively address indirect
pathways of adverse effects? What recommendations do you have to address the
effects of confounding variables and uncertainty in the estimated relationships?
a) Simple linear regression
b) Quantile regression
c) Logistic regression
d) Multiple linear regression
e) Non-parametric changepoint analysis
t) Discontinuous regression models

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 The Committee notes that EPA' s draft Guidance appropriately states that numeric nutrient
criteria should be based on predictive stressor-response relationships so that changes in the level
of stressor variables will result in predictable ecosystem responses. However, based on
examples presented in the draft document and elsewhere, a large degree of unexplained variation
can be encountered when attempting to use empirical stressor-response approaches to establish
criteria. The final Guidance needs to clearly indicate that such unexplained variation can present
a significant problem to this method of developing numeric criteria. Further, the final document
should emphasize that statistical associations may not be biologically relevant and do not prove
cause and effect. However, when properly determined, statistical associations can be very useful
in supporting a cause and effect argument as part of a weight-of-evidence approach to criteria
development. To this end, the final document should provide greater detail on the
implementation of statistical procedures and development of other supporting information to
minimize the degree of unexplained variation and maximize the potential for the empirical
stressor-response approach to result in useful numeric nutrient criteria. EPA should also provide
guidance on the strength of stressor-response relationships needed to support criteria
development using an empirical stressor-response approach. Further, because nutrients are
essential elements, the application of statistical methods must consider both nutrient deficiency
and excess. Clear links between response variables and designated uses are needed to ensure that
both of these possible impairment types are addressed. The Committee provides the following
findings and comments concerning the appropriateness of statistical methods in the Guidance,
approaches to address indirect pathways of adverse effects, and ways to address the effects of
confounding variables and uncertainty in the estimated relationships.
Findings on appropriateness of listed statistical methods
•

The Guidance represents a substantial step forward in describing statistical methods that can
be used in deriving nutrient criteria based on stressor-response relationships, but more
information is needed to describe supporting analyses necessary for application of the
methods. The six methods identified in the Guidance generally provide appropriate options
for describing stressor-response relationships that may be sufficiently predictive to support
setting numeric nutrient criteria. As many examples in the draft document illustrate, there is
likely to be considerable variability in stressor-response nutrient relationships and, thus, in
the predicted outcome or response to both target setting and response to mitigation efforts.
Therefore, the document must provide more information on the supporting analyses needed
for each method to correctly identify useful predictive relationships, and acknowledge that
the use of these statistical methods alone cannot provide sufficient evidence of a cause-effect
relationship. [See the response to Charge Question I for additional discussion.]

•

The use of non-parametric change point analysis and discontinuous regression analysis must
be associated with biological significance and the designated uses to be protected by numeric
nutrient criteria. As stated previously, response variables must be associated with designated
uses in all cases. This has implications for the use of non-parametric change point analysis
(nCPA) and discontinuous regression in criteria development. The Guidance indicates that,
because these procedures may identify breakpoints in nutrient responses that can serve as
criteria thresholds, the methods may be used when designated use thresholds are not

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 available. However, although these methods may be able to identify and characterize
breakpoints, such breakpoints may not necessarily have any biological significance, nor will
they necessarily be related to designated uses that are to be protected by numeric nutrient
criteria. Use of these methods must be associated with designated uses. [See the responses
to Charge Questions 1, 3, 6, and 7 for additional discussion of the importance of biological
significance and linkages to designated uses.]
•

The statistical methods in the Guidance require careful consideration of confounding
variables before being used as predictive tools. For example, the appropriate use of bivariate
regression methods requires additional efforts through classification or other means to
minimize the influence of other potential causal variables so that an acceptable level of
confidence in the predictive power of the relationship can be achieved. Without such
information, nutrient criteria developed using bivariate methods may be highly inaccurate.
Multiple linear regression is an appropriate way to incorporate covariates into a single
analysis, although predictive power using this procedure must also be evaluated carefully.
[See the responses to Charge Questions 1, 2, 3, and 4 for additional discussion.]

•

As previously noted, because plant biomass is driven by nutrient supply rates (mass loads), a
potential conceptual problem exists with the selection of nutrient concentration (often used in
the Guidance) as a stressor variable. This problem illustrates the importance of careful
characterization of confounding variables. Nutrient concentrations control only point-intime, point-in-space kinetic rates, not peak or standing stock plant biomass. Plant biomass is
driven by nutrient supply rates (mass loads). Furthermore, nutrient concentrations may not
be direct surrogates for nutrient mass loads. Relationships between nutrient mass loads and
ambient nutrient concentrations are highly system-specific and depend on many factors.
Consequently, in some circumstances, statistical methods alone will not adequately account
for the influence of confounding variables and reduce uncertainties. In other words, the
Committee anticipates situations in which stressor-response statistical analysis may not lead
to a scientifically justified endpoint. [See the responses to Charge Questions 1 and 2 for
additional discussion.]

•

In order to be scientifically defensible, empirical methods must take into consideration the
influence of other variables. On page 22 of the Guidance, the authors acknowledge that
factors co-varying with TP concentrations may explain a portion of the 61 % of the variation
in log chlorophyll a concentrations apparently attributable to log TP concentrations. This
presents a critical challenge in the use of empirical methods as a means of establishing
numeric nutrient criteria because it means that controlling TP concentrations may have no
potential to yield reductions in chlorophyll a concentrations. Thus, in order to be
scientifically defensible, empirical methods must take into consideration the influence of
other variables.

•

It is important to discuss strength-of-relationship concerns and how results of empirical
approaches should be interpreted in the context of criteria development. Figure 13 on page
24 of the Guidance provides an illustration of the challenges facing the users of simple linear
regression (SLR) and other empirical approaches. In this case, total macroinvertebrate
species richness was regressed against total N concentrations obtained from EPA

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 Environmental Monitoring and Assessment Program (EMAP) West Xeric Region streams.
Overall, total species richness declines with increasing TN concentration in these stream
data. Applying SLR to log-transformed data yields a statistically significant slope
-3(1og(TN)) at p<0.001. However, a large degree of scatter remains, as indicated by the R2
value of0.19. A TN "candidate criterion" of 320 ug/L is obtained by finding the point of
intersection of an assumed designated use total species richness threshold of 40 and the mean
regression line log(TN) = - 2.5. Unfortunately, the points where the lower and upper 90%
prediction interval lines cross a species richness threshold of 40 cover a TN concentration
range from about log(TN) = 1.25 to log(TN) = 4 based on inspection of Figure 13. This
corresponds to a TN concentration range of 16 ug/L to 10,000 ug/L. It is important to
understand the management consequences of this considerable uncertainty. Also, the fact
that the relationship in Figure 13 is both statistically significant (i.e., some trend is evident)
and has a low R2 = 0 .19 (much scatter also exists) presents an opportunity to discuss
strength-of-relationship concerns and how such results should be interpreted in the context of
criteria development. [See the responses to Charge Questions 1, 2, and 6 for additional
discussion.]
•

As previously discussed, relationships for streams may be more complex than for lakes and
must account for multiple stressors/conditions and/or stream 'types' or conditions, and then
be applied appropriately. For example, a stratified approach that considers attributes known
to be important for a particular environment (lake, stream, estuary) such as canopy, habitat,
etc., should be considered. It is also important to deal with both N and P simultaneously and
to consider inorganic N and dissolved P. An exercise in Section 3 of the Guidance illustrates
the relationship between chlorophyll a and TP in lake water. This is perhaps the easiest and
most well known example of stressor-response in natural waters, and specifically in lakes.
This relationship is less certain in streams because they are more heterogeneous than lakes.
The Guidance also inappropriately assumes that only nutrients affect taxa. The functionality
of aquatic food chains is not solely dependent on one type of biota, sediment type, or single
nutrient concentration. There are multiple stressors affecting receptors in a number of ways,
over the landscape and watershed in question. Confounding variables are not sufficiently
addressed in the Guidance. As previously discussed, approaches that address multiple
factors, such as a stratified (or hierarchical) approach that considers other attributes known to
be important (e.g., canopy, habitat, multiple nutrients) should be considered. [See the
responses to Charge Questions 1, 2, and 3 for additional discussion.]

•

The Guidance could be improved by replacing many examples that provide low explanatory
power. Concerns include examples with very low R 2 indicating low explanatory power and
incomplete description oflarge uncertainty. These examples indicate that variables other
than TP or TN have a greater impact on response, which implies that reducing TP or TN may
not have the desired effect. Helpful examples could include: one with a response variable
indirectly associated with a designated use; and one from a state where a Secchi depth is used
as a criterion for water quality (otherwise Subsection 3 .1, paragraph 2 sounds extremely
vague). [See the responses to Charge Questions 1 and 3 for additional discussion.]

•

Parametric (e.g., Pearson) and non-parametric (e.g., Spearman's rank, Kendall's tau)
correlation analyses can assist in identifying the influence of confounding variables, but these

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 methods are not specifically mentioned in the Guidance. Both of these types of analyses
would be helpful in exploratory data analysis.
•

The Guidance lacks sufficient discussion of the importance of variable selection and data
characteristics to ensure useful implementation of the statistical procedures. In addition to its
incomplete treatment of confounding variables, the Guidance lacks sufficient discussion of
the importance of variable selection and data characteristics to ensure useful implementation
of the statistical procedures. Many of the non-parametric procedures rely upon bootstrap
procedures to obtain confidence intervals. This underscores the importance of using a
probability sampling procedure. The implications of different sample sizes should also be
more fully discussed. The Guidance states that an advantage of using quantile regression
(QR) is that it can provide direct estimates of percentiles of a distribution of Y values at
given X values, which may be better estimates of these values than provided by SLR when
the assumptions of SLR are not met. Uncertainty associated with estimating extreme
quantiles from "small" sample sizes is appropriately identified in the Guidance as a concern
for QR. However, small sample size is likely to present considerable challenges to any
nutrient criteria development approach, and the Guidance should provide a discussion of how
the amount of data may affect the utility of empirical stressor-response approaches.

•

In the Guidance, more information must be provided regarding regression assumptions,
limitations, and diagnostic procedures. Although the Guidance should not be expected to
provide the same level of detail on the implementation of statistical procedures contained in a
statistics textbook, more information must be provided regarding regression assumptions,
limitations, and diagnostic procedures. The appropriateness of the regression methods will
depend on the assumptions and use restrictions of each method. Although the document
discusses many of the important assumptions, it would be helpful for this information to be
clearly summarized in a table. The table could include headings for each method such as use,
inherent assumptions, and specific remarks. In addition, the importance of regression
diagnostic procedures should be emphasized. Examples and specific references to additional
sources of information should be provided. This could include evaluating data with and
without outliers or unusual values.

•

More guidance is needed on the interpretation of results from the listed regression
procedures. For example, how does one decide whether the results of quantile regression are
adequate for criterion development? In the discussion of logistic regression (p. 28, last
paragraph), nothing is said about whether the coefficients in this analysis are significantly
different from zero, or about the proportion of total deviance accounted for by the regression.
For multiple linear regression (p. 31) a reference (e.g., Kutner et al., 2004) is needed for
Akaike and the other methods listed in the third paragraph of the page.

•

The role of, and options for, data transformations should receive considerably more
discussion in the Guidance. Data transformation may be appropriate in the development of
stressor-response relationships using regression analysis, but this topic (including the
associated back-transformation of slope estimates and confidence intervals to yield criteria)
should be more carefully developed. In reading the document, one wonders when the logtransformation should be used to establish linear relationships or whether curvature that may

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 be present in raw data (with no transformation) should be characterized. In addition, the
document does not describe the range of data transformations that may be appropriate,
instead focusing only on the log-transformation. For example, regarding the nCPA presented
in Figure 24, would the analysis give the same result if it were based on TP data that were not
log transformed? It is not clear in the Guidance when to apply a linear method to
transformed data or a changepoint or discontinuous regression method to untransformed data.
As a start, a table like Table 6.5, "Linearizing Transformations" in Weisberg (1985), p. 142
could be included in the Guidance, along with some explanation. Finally, "backtransformation" has the potential to introduce bias into the criterion value if done incorrectly,
and this topic should be treated more completely to minimize that potential.
•

The Guidance appropriately points out that regression relationships should generally not be
used to project conditions beyond the range of conditions used to develop the relationships.

•

The Guidance is silent on how and when the results of multiple statistical procedures may be
integrated to support numeric criteria as an alternative to selecting "the best" model in
situations where a clearly preferred model does not emerge from the analysis. Rather than
presenting the statistical techniques strictly as alternatives, the document could describe how
these procedures can complement each other and provide a more robust picture of what an
appropriate criterion should be. For example, a linear regression whose residuals appear to
show the presence of curvature might also be evaluated with nCP A to evaluate the range of
stressor values over which the curved response occurs. Model averaging (Burnham and
Anderson, 2002) is recommended for use with multiple regression when slight changes in the
data lead to different final models.

•

The Guidance provides a limited list of the statistical methods that could be explored to yield
useful criteria. If a data set includes censored values, maximum likelihood estimation can
provide an alternative to bivariate or multivariate linear regression that avoids the need to
substitute values such as one-half the detection limit for nondetects. In addition, parametric
multivariate methods including principal components analysis (PCA ), discriminant function
analysis, cluster analysis, and others may also provide a useful means of incorporating
covariates in a stressor-response relationship. PCA may be used to describe a group of
correlated variables through a single equation. A number of non-parametric linear regression
approaches are also available, including the family of Kendall tests available from the U.S.
Geological Survey (Helsel and Hirsch, 1992; Helsel et al., 2006)

•

A key and an associated appendix of case studies should be included in the Guidance to
explain the appropriate use of statistical methods and inherent assumptions and uncertainties.
Since choice of method( s) will depend on the nature of the data being modeled and on the
underlying assumptions, it would be useful to include in the Guidance some kind of key
giving an explanation of "which method to use when," with the inherent required
assumptions and uncertainties associated with each method. Better use of case studies (from
lakes, streams, esh1aries) in an appendix could help show "why one approach works in a
particular situation and another does not." One case study should estimate the stressorresponse relationship when the data form a "wedge-shaped" scatterplot, a pattern commonly
observed in nutrient stressor-response relationships.

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 •

Statistical rigor is essential to the development of scientifically defensible criteria. Simplistic
application of approaches in the Guidance can lead to stressor-response relationships with
poor predictive power and result in inappropriate numeric nutrient criteria. Therefore, EPA
will need to provide technical support and training to states for use of these statistical
methods. As previously stated, the use of bivariate methods (including nCPA) must involve
a careful examination of potentially confounding variables to develop support for a predictive
relationship. In order to properly evaluate the predictive power of empirical stressorresponse relationships, uncertainties associated with each method used must be identified and
quantified. Simulated data sets designed to contain specific properties that may be
encountered by users of the Guidance could help communicate how these statistical
procedures behave over a variety of data set characteristics (e.g., a range of uncertainty in the
regression slope).

•

The need for statistical rigor applies to both the strength and the form of the relationship
among variables (i.e., evaluating the presence of curvature in a stressor-response
relationship). The Guidance should describe the goal of data analysis as one of
characterizing not only the strength of relationship but also its form, and the evidence
supporting conclusions about both. This is particularly relevant when deciding to use nCP A
or discontinuous regression to characterize a relationship. A more complete approach should
be presented to test the hypothesis that a true data threshold exists.

•

EPA should provide guidance on how the degree of relationship (indicated by R2 , residuals
analysis, and other evidence) relates to establishing predictive stressor-response
relationships. At a minimum, EPA should describe how to address the important question of
"when is the evidence insufficient to support using a empirical stressor-response approach?"
One suggestion is to better incorporate the EPA data quality objectives process into the
Guidance (see U.S. EPA, 2009c ).

Findings on indirect pathways
•

The Committee notes that, with respect to approaches used to address indirect pathways of
adverse effects, the Guidance currently does not contain a clear definition of the term
"indirect pathway." One definition follows in part from the caption of Figure 10 in the
Guidance:
"Simplified diagram illustrating the causal pathway between nutrients and aquatic life use
impacts. Nutrients enrich both plant/algal as well as microbial assemblages, which lead
to changes in the physical/chemical habitat and food quality of streams. These effects
directly impact the insect and fish assemblages. The effects of nutrients are influenced by
a number of other confounding factors as well, such as light, flow, and temperature."
This description appropriately indicates that nutrient concentrations directly impact
plant/algal and microbial communities and indirectly impact insect and fish assemblages
through impacts on plant/algal and microbial communities. As discussed previously, a
challenge in using empirical approaches is establishing sufficient evidence to support

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 conclusions of cause and effect so that relationships with adequate predictive power can be
developed. The farther removed the response variables are from immediate responses of
variations in nutrient concentrations, the more difficult it may be to demonstrate a useful
degree of predictive power. Guidance on the acceptable degree of uncertainty, and/or the
desired level of predictive power, may help users of the Guidance identify useful
relationships whether or not pathways are direct or indirect. On the other hand, empirical
methods alone are unlikely to effectively address indirect pathways of adverse effects. This
requires appropriate conceptual and mechanistic models, adequate site-specific data, and
experienced professional judgment.
Findings on confounding variables and uncertainty
•

As previously discussed, exploratory data analysis that includes classification of data by
similarities in confounding variables prior to the evaluation of stressor-response relationships
may improve the predictive power of the relationships if sufficient data are available.
Incorporation of confounding variables in a multiple regression is also appropriate. [See the
responses to Charge Questions 1, 2, and 3 for additional discussion.]

•

Because uncertainty in the appropriate criterion value cannot be eliminated, it is prudent to
evaluate the potential consequences of varying degrees of uncertainty in a stressor-response
relationship on the resulting criteria and management objectives. This may be accomplished
in part through the use of the EPA data quality objectives (DQO) process or a similar
approach. [See the responses to Charge Questions 1, 3, 6, and 7 for additional discussion of
evaluating uncertainty in the stressor-response relationship.]

•

References should be provided to direct the reader to more information on regression
diagnostics including leverage statistics and information on influential points. This would
assist the user in addressing uncertainties associated with these values. (One useful textbook
is Kutner et al., 2004; there are many others.)

•

The Guidance should emphasize the importance of careful pairing of potential stressor and
response variables. Uncertainty in a stressor-response relationship may be increased if
incompatible data types are paired. For example, combining a seasonal average chlorophyll
a concentration calculated from multiple samples with a TP concentration obtained from a
single grab sample could introduce considerably more uncertainty than if both variables
represent seasonal averages. There are places in the Guidance where measured values are
presented without a clear description of the spatial or temporal components that the value
represents (on p. 22, for example, 15 ug/L chlorophyll a is presented as a threshold between
mesotrophic and eutrophic conditions without indicating the applicable averaging period).
The Guidance should consistently include such information in its descriptions of various
components of the threshold identification and criteria-setting process.

Key recommendations concerning statistical methods in the Guidance
The Committee provides the following key recommendations to address the comments and
findings presented above.

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 1. In the Guidance, EPA must provide more information on the supporting analyses needed
for each statistical method to correctly identify useful predictive relationships, and
acknowledge that the use of these statistical methods alone cannot provide sufficient
evidence of a cause-effect relationship.
2. The Guidance should indicate that response variables must in all cases have biological
relevance and be associated with designated uses.
3. The Guidance should emphasize that use of the statistical methods requires careful
consideration of confounding variables before the methods can be used as predictive
tools. As discussed above, further information on how to address confounding variables
should be included in the document.
4. The Guidance should contain additional discussion of the potential consequences of
varying degrees of uncertainty in a stressor-response relationship on the resulting criteria
and management objectives. This may be accomplished in part through the use of the
EPA DQO process or a similar approach.
5. The Guidance should contain more information on approaches that address multiple
factors, such as a stratified (or hierarchical) approach that considers other attributes
known to be important such as canopy, habitat, multiple nutrients, etc.
6. EPA should consider replacing the examples in the Guidance that provide low
explanatory power.
7. As discussed above, the Guidance should contain additional specific information (or
guidance on where to find it) on:
-

-

The use of parametric (e.g., Pearson) and non-parametric (e.g., Spearman's rank,
Kendall's tau) correlation analyses.
The importance of variable selection (including careful pairing of stress or and
response variables) and data characteristics to ensure useful implementation of the
statistical procedures.
Regression assumptions, limitations, and diagnostic procedures.
Interpretation of results from the listed regression procedures.
The role of, and options for, data transformations.
How and when the results of multiple statistical procedures may be integrated to
support numeric criteria.
An appendix of case studies to explain the appropriate use of statistical methods
and inherent assumptions and uncertainties.

8. The Committee recommends that EPA consider providing technical support and training
to states and tribes to assist them in the use of the statistical methods in the Guidance.

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 9. The Guidance should describe the goal of data analysis as one of characterizing not only
the strength of relationship but also its form, and the evidence supporting conclusions
about both.
10. The Committee emphasizes that EPA should provide guidance on how the degree of
relationship (indicated by R 2 , residuals analysis, and other evidence) relates to
establishing predictive stressor-response relationships for numeric nutrient criteria
development.
3.6.

Charge Question 6. Evaluating the predictive accuracy of stressor-response
relationships
Section 4 of the draft guidance document describes how to evaluate the predictive
accuracy of estimated stressor-response relationships. Please comment on the
appropriateness of approaches in Section 4 of the guidance document and factors to
consider in evaluating and comparing different estimates of the stressor-response
relationships and selecting those most appropriate for criteria derivation.

Overall, the Committee notes that Section 4 of the Guidance lacks the detail provided in other
sections and, as discussed below, needs improvement. The Committee finds that this section is
particularly important because it addresses the reliability or "validity" of the approaches
considered. The Guidance should provide information to help managers decide which criteria
derivation approach to use (e.g., analysis of best fit by regression or some other means). These
are important decisions and additional guidance on how to select the best tools would be helpful.
If the proposed methods yield inaccurate results, this could lead to inappropriate or ineffectual
solutions to comply with Clean Water Act goals. The Committee provides the following
findings and comments in response to Charge Question 6.
•

The Committee finds that a clear framework and criteria for statistical model selection is
needed in the Guidance. This framework should include a set of decision tools and criteria
used not only to determine which model fits best, but also to decide whether the stressorresponse approach to criteria development is appropriate. Model selection criteria should
include:
- Capability of model to consider cause-effect and direct-indirect relationships between
stressor and response;
- Biological relevance;
- Relevance to known mechanisms and existing conditions; and
- Capability of model to predict probability of meeting designated use categories.

Findings on model validation
•

More detail is needed in Subsection 4 .1 of the Guidance to describe model validation
techniques. In the Guidance there is limited discussion of validation of empirically derived
stressor-response relationships. This is a critical component. Validation can be defined as
demonstrating the accuracy of the model for a specified use. Within this context, accuracy is
the absence of systematic and random error - in ecology they are commonly known as

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 trueness and precision respectively. All models are by their nature incomplete
representations of the system they are intended to model but, in spite of this limitation,
models can be useful. Many discussions of mathematical modeling discriminate between
model confirmation (i.e., plausible, worthy of belief) and model verification (i.e., shown to
be true). Given the nature of the environmental stressor and response data, such stressorresponse models cannot be fully validated. EPA should provide much more detailed
validation guidance including four components:

-

Conceptual validation concerns the question of whether the model accurately
represents the environmental system. This is largely qualitative and requires
consideration of the strength of the cause-effect relationships. To consider whether
the empirical model assumptions are credible, a conceptual model of factors affecting
the stressor-response relationship should be developed. For each of the proposed
methods, guidance should be provided with examples showing the mechanistic
reasoning behind the cause-effect assumptions and the direct-indirect responses of the
stressor and response variables. This should be supported by some experimental
evidence relevant to the context in which it is used (e.g., data needs appropriate for
lakes may be different than for streams). For each application of the empirical model,
experimental or observational data in support of the principles and assumptions
should be presented and discussed.

-

Algorithm validation concerns the translation of model concepts into mathematical
formulae. It addresses questions such as: "Do the equations represent the conceptual
model?" "Under which conditions can simplifying assumptions be justified?" "Is
there agreement among the results from use of different methods (e.g., different
response variables) to solve the model?" For ecological stressor-response models,
these questions relate to the adequacy of the empirical models themselves for
describing the effects of nutrient enrichment on aquatic life.

-

Functional validation concerns checking the model against independently obtained
observations. For this type of validation the Guidance recommends using additional
empirical observations (an alternative experimental data set). However, this requires
more information than is usually available, and expected results may not be the same
from one data set to another given the heterogeneity of environmental systems. Such
data cannot truly validate the stressor-response model per se, but may produce
valuable insights. Guidance is needed to answer questions such as: "what are the
minimum data requirements for validation?" and "if one is working with a limited
data set, how does one consider the tradeoffs between using more data in the original
analysis and reserving data for validation?"

-

Software validation concerns the implementation of mathematical formulae in various
computer software. This validation takes into consideration the possible effects of
software-specific factors on the model output (e.g., with regard to precision). For
example, problems have been documented with regard to performing statistical
analyses with some spreadsheet programs or open source codes.

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 •

The Committee finds that the concept of "validation" as presented in Subsection 4 .1 of the
Guidance is inconsistent with other EPA guidance (U.S. EPA, 2009a) on development,
evaluation, and application of models. In EPA's other modeling guidance, model evaluation
includes model corroboration, and sensitivity and uncertainty analyses. Model corroboration
is defined as quantitative and qualitative methods for evaluating the degree to which a model
corresponds to reality. In practical terms, this is the process of "confronting models with
data." In some disciplines, this process has been referred to as validation. EPA prefers the
term "corroboration" because it implies a claim of usefulness and not truth. The Committee
finds that this is not just a semantic distinction and we recommend that Subsection 4 .1 of the
Guidance be revised so that it is consistent with other EPA guidance (U.S. EPA, 2009a).

•

The use of data quality objectives (DQOs) should be discussed in Subsection 4.1 of the
Guidance. The DQOs should be established at the beginning of the criteria development
process (i.e., Guidance step one) but they can also be used to evaluate the potential stressorresponse models (Guidance step four). The discussion of DQOs should address levels of
uncertainty, Type I and Type II error rates, and the extent to which each model can predict
the probability of meeting designated use categories. [See the response to Charge Question 1
for additional discussion of DQOs.]

•

In Subsection 4.1, more detailed guidance should be provided on the use ofrandomly or nonrandomly selected data sets to help address questions about how much data should be held
out of the original analysis to adequately support the validation process. Subsection 4 .1 is
intended to describe how to validate "the predictive performance of different models."
Recommended approaches include: a) collecting new samples; and b) holding out a subset of
the original data from the analysis. Reserved samples may be selected randomly or nonrandomly. Authors of the Guidance appropriately note that a potential problem with using
random subsetting is that the covariance structure of the data is likely to be the same, so that
this approach may not provide an independent test of the predictive power of a relationship.
As stated in the Guidance, reserving a non-random subset may be a useful alternative. Some
discussion of the relative size of calibration and validation data sets is warranted.

•

The concept of "best fit" needs elaboration in the Guidance. Best fit is based on the
assumptions made and the model developed and, as previously discussed, there may be
considerable uncertainty even if a model is thoroughly and carefully developed.
Assumptions that are incorrect or incomplete will lead to erroneous criteria. Authors of the
Guidance understand this, and state that relationships can be confounded by unsampled or
unmodeled factors. This statement is true and it should be more fully discussed, and perhaps
given much greater weight in each section. EPA should consider whether each example in
the Guidance should be accompanied by a discussion of possible confounding issues and
what might be missing. The concept of uncertainty, its effect on model results, and ways to
at least understand the level of uncertainty are not fully described in the Guidance.

•

The Guidance should contain additional information to assess the closeness of root-meansquare predictive error (RMSPE). The RMSPE as presented on p. 42 of the Guidance is a
well-recognized measure of how well a statistical model does in predicting response values
from given stressor values. Figure 27 of the Guidance gives an example where the RMSPE

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 for the calibration data set was 0.28, while the RMSPE for the held-out validation data (from
a particular State) was 0.27. Many would agree that those two RMSPEs are "close." But it is
necessary to answer the question, "how close is close?" No further statements appear in the
Guidance about how to assess the closeness of two RMSPEs. Comparing 0.28 with 0.27 in a
single example does not help users of the Guidance extend this example to their own data
sets. It might be possible to take a bootstrap approach with regard to the calibration data set
to derive an actual distribution of values for the calibration RMS PE against which the
RMSPE of the validation data set could be compared. The Guidance does not address this.
In addition, it is appropriate to characterize fit quality using other information such as R 2 ,
residuals analysis, and regression results.
•

With regard to validation, nutrient criteria should result from weight-of-evidence from the
application of multiple empirical approaches considering multiple response variables and
other approaches as appropriate. The nutrient criteria values determined after considering
validation and uncertainty may vary significantly from technique to technique or from
response variable to response variable. The Committee suggests that EPA consider the range
ofresponses and concordance among analyses/models and, as stated previously, establish
linkage between response variables and designated use categories. The Guidance should
discuss model averaging and should recommend considering the range of responses as a
measure of overall utility of the empirical approach. In addition, the Guidance should more
strongly advocate decision making based on weight-of-evidence from multiple empirical and
other approaches. [See the responses to Charge Questions 1, 3, 5, and 7 for additional
discussion of weight-of-evidence.]

Findings on qualitative assessment of the uncertainty of the estimated stressor-response
relationship
•

The Committee finds that Guidance Subsection 4.2 (addressing uncertainty) is too brief
Given the importance of this cross-cutting issue, a section on uncertainty is needed for each
of the steps outlined in the Guidance, and uncertainty should be summarized at the end of the
document.

•

Subsection 4.2 of the Guidance should address both qualitative and quantitative estimates of
uncertainty. Given reasonable expectations for data availability and inevitable limits on the
conceptual understanding of complex environmental systems, the Guidance should discuss
both qualitative and quantitative estimates of uncertainties. The Committee notes that an
explicit accounting of uncertainty is critical.

•

Validity of the space-for-time substitution assumption can be supported by analysis of longterm stressor-response data for selected data-rich sites. Subsection 4.2 of the Guidance states
that all stressor-response models estimated from cross-sectional or synoptic data must also
invoke the assumption that spatial differences in sites can be substituted for temporal
differences without a substantial degradation of model accuracy (i.e., the space-for-time
substitution). As the Guidance states, a good way to provide support for the validity of this
assumption is to analyze long-term stressor-response data for selected data-rich sites.

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 •

As previously discussed, the Guidance should contain additional information about the
importance of considering "data bias" in interpreting the stressor-response results with regard
to predictive performance and uncertainty, and also the importance of uncertainty imposed
by model assumptions. Additional guidance is needed on to how to interpret data from a
particular environment (e.g., a data set based on lake data) and its appropriateness (or lack
thereof) for describing conditions more broadly. It would be helpful to include in the
Guidance examples of databases that would be "ideal" or appropriate for each empirical
model presented. For example, would the conceptual model for considering nutrient criteria
be ideally approached using seasonal data, data from shaded versus unshaded tributaries, data
from wadeable streams versus big rivers, and/or long versus short term averages of data
describing the stressor or the response? [See the Responses to Charge Questions I and 2 for
additional discussion.]

Findings on selection of the stressor-response model
•

The Committee notes that Subsection 4.3 of the Guidance should discuss grounding models
in reality through use of prior knowledge. A great deal is known about the effects of
nutrients on aquatic systems, and the relationships between variables should reflect that
knowledge. All models should be evaluated to determine whether they make sense
biologically (e.g., is the range of data used appropriate? are the models mechanistically
sound?). [See the response to Charge Question 5 for additional discussion.]

•

Subsection 4.3 of the Guidance could be improved by providing a more detailed discussion
of how to decide when to use each method to model stressor-response relationships, and the
advantages/disadvantages associated with each method. Table I on page 44 of the Guidance
is not sufficient for this purpose. It would be beneficial to provide a case study using a single
data set to demonstrate the comparison of a range of model choices.

•

The Committee notes that the stated objective of Subsection 4.3 in the Guidance,
"demonstrating how to select a stressor-response model using the response variable that best
represents the data," is not the same as the goal of Section 4, "evaluating the predictive
accuracy of estimated stressor-response relationships." Confidence in predictive accuracy
should be the primary consideration in model selection. Further, while it may ultimately be
necessary to select a single model, one should also understand the significance to criteria
derivation of selecting among reasonable alternative models or the effect of model averaging
when a single most appropriate model cannot clearly be identified.

•

In Subsection 4.3 of the Guidance, more detail should be provided in the discussion of
conditions under which the last two methods, non-parametric changepoint analysis (nCP A)
and discontinuous regression, should be applied (other than simply stating that they should be
used when a direct designated use impairment threshold is unavailable). In addition, the
Committee notes that a curved response: I) may or may not be real; 2) may or may not signal
an impaired designated use; and 3) may or may not be indicated at all by the data. Further, a
curved response may be modeled by one of the linear methods after transformation. [See the
response to Charge Question 5 for additional discussion.]

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 •

The Committee notes that linear stressor-response functions may not provide high levels of
accuracy for nutrient criteria development. Six different methods are summarized in Table 1
of Subsection 4.3. The first four methods all assume that the stressor-response function can
be modeled sufficiently as a linear model or a generalized linear model. It is unlikely that
linear stressor-response functions can ever achieve high levels of accuracy across the many
different confounding variables and the many different physical, chemical and biological
characteristics of specific sites.

Key recommendations concerning evaluating the predictive accuracy of estimated stressorresponse relationships
As a consequence of the findings presented above, the Committee provides the following key
recommendations.
1. The Guidance should be revised to provide a clear framework for statistical model selection.
This framework should include a set of decision tools and criteria used not only to determine
which model fits best, but also whether the stressor-response approach to criteria
development is appropriate.
2. The Guidance should be revised to provide much more detailed model validation guidance.
3. Subsection 4 .1 of the Guidance (Model validation) should be revised to:
-

Make it consistent with other EPA guidance (U.S. EPA, 2009a) on development,
evaluation, and application of models.

-

Provide more detailed information on the use of randomly or non-randomly selected
data sets to help address questions about how much data should be held out of the
original analysis to adequately support the validation process.

-

Elaborate upon assumptions and uncertainties in "best fit" determinations, and in
particular provide additional information to assess the closeness ofroot-mean-square
predictive error (RMSPE).

-

State that nutrient criteria should result from a weight-of-evidence approach based on
the application of multiple empirical approaches considering multiple response
variables as appropriate.

4. Subsection 4.2 of the Guidance should be revised to provide an expanded discussion of
uncertainty. This section should address both qualitative and quantitative estimates of
uncertainty as well as data bias.
5. Subsection 4.3 of the Guidance should be revised to:
-

Address grounding models in reality through use of prior knowledge.

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 3.7.

-

Provide a more detailed discussion on how to decide when to use each method for
modeling stressor-response relationships, and the advantages/disadvantages
associated with each method.

-

Provide more detail regarding the conditions under which the last two methods, nonparametric changepoint analysis (nCPA) and discontinuous regression, should be
applied.

-

Address inaccuracies associated with linear stressor-response functions.

Charge Question 7. Evaluating candidate stressor-response criteria
Section 5 of the draft guidance document describes how to evaluate the candidate
stressor-response criteria. An approach is outlined for predicting conditions that
might result after implementing different nutrient criteria. Please comment on
uncertainties that would remain if water quality criteria for nutrients were based
solely on estimated stressor-response relationships and in what ways other
information/analysis would help address and possibly reduce this uncertainty.

Section 5 of the Guidance is an important part of the document because selection of criteria
has environmental, social, and economic consequences. We provide the following comments
and findings in response to Charge Question 7.
Findings on recognizing uncertainty
•

As previously discussed, the Guidance does not address or partition inherent critical
uncertainties in the stressor-response approach. The Guidance describes approaches that use
a data-mining exercise to demonstrate a possible cause-effect relationship for the nutrientecosystem response. However, the document does not address or partition inherent critical
uncertainties in the stressor-response approach which, as demonstrated in examples in the
Guidance and in public presentations given to the Committee, can be extremely large (e.g.,
several orders of magnitude). Because of the demonstrated uncertainties, prediction from an
empirical stressor-response model for a specific system of interest cannot always be
interpreted as an accurate prediction of future conditions. [See the responses to Charge
Questions I and 5 for additional discussion.]

•

Uncertainty also results from climatic or other environmental conditions under which studies
were conducted. In addition to uncertainties documented in the Guidance and in the public
presentations to the Committee, uncertainty also results from the climatic or other
environmental conditions under which empirical studies were conducted and response
models developed. Studies conducted over relatively limited conditions (e.g., wet or dry
years) or short-term periods (e.g., base flows, summer) are unlikely to provide the robust
response relationships required for criteria development.

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 Findings on reducing uncertainty
•

A major uncertainty inherent in the Guidance is accounting for factors that influence
biological responses to nutrient inputs. For criteria that meet EPA' s stated goal of
"protecting against environmental degradation by nutrients," the underlying causal models
must be correct. Habitat condition is a crucial consideration in this regard (e.g., light [for
example, canopy cover], hydrology, grazer abundance, velocity, sediment type) that is not
adequately addressed in the Guidance. Thus, a major uncertainty inherent in the Guidance is
accounting for factors that influence biological responses to nutrient inputs. Addressing this
uncertainty requires adequately accounting for these factors in different types of waterbodies.
[See the responses to Charge Questions 1, 2, 3, and 5 for additional discussion.]

•

Uncertainty in the water quality criteria for nutrients could be reduced by obtaining data from
well-designed site-specific monitoring programs. If "water quality criteria for nutrients were
based solely on estimated stressor-response relationships," a critical overall uncertainty
would be understanding where, within the range of probabilities, a single waterbody to which
the criteria are applied will fall. This, in effect, is uncertainty in the space-for-time
assumption discussed in the Guidance. That is, if the criterion nutrient concentration
developed using an approach involving data from multiple locations is exceeded, will the
predicted response and designated use impairment occur at a single location of interest? This
type of uncertainty can be reduced by obtaining data from well-designed site-specific
monitoring programs. Such monitoring would focus on obtaining specific information on the
variability in stressor and response variables and important covariates with a goal of better
defining the interactions of multiple variables and attributes affecting the designated uses of a
waterbody. Measurement of actual biological responses would be appropriate, emphasizing
variables that respond most directly to changes in nutrient concentrations. These are
typically measures of primary productivity or primary producers, or water chemistry changes
such as DO and pH. Where necessary, such data may be used to develop computer
simulation models specific to the system of interest that can facilitate forecasting of stressors
and associated responses.

•

Numeric nutrient criteria developed and implemented without consideration of system
specific conditions (e.g., from a classification based on site types) can lead to management
actions that may have negative social and economic and unintended environmental
consequences without additional environmental protection. The Committee emphasizes the
importance of not only recognizing but also making allowance in the Guidance for conditions
specific to the system of interest so that the resulting science allows the best management
decisions to be made. In this regard, as previously discussed, we recommend use of a tiered
weight-of-evidence approach to criteria development. Weight-of-evidence is typically used
to determine the tier at which uncertainty has been reduced sufficiently for informed
management decision making. [See the responses to Charge Questions 1, 2, 3, and 5 for
additional discussion.]

•

The Guidance can be used to develop numeric nutrient criteria in a tiered, weight-of-evidence
assessment using appropriately modified EPA approved procedures together with other
approaches that address causation. Large uncertainties in the stressor-response relationship

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 and the fact that causation is neither directly addressed nor documented indicate that the
stressor-response approach using empirical data cannot be used in isolation to develop
technically defensible water quality criteria that will "protect against environmental
degradation by nutrients." The Guidance can, however, be used in a tiered, weight-ofevidence assessment (using appropriately modified U.S. EPA-approved procedures, e.g.,
EPA's Causal Analysis/Diagnosis Decision Information System [CADDIS]), (U.S. EPA,
2009b). [See the responses to Charge Questions 1, 3, 5, and 6 for additional discussion.]
•

EPA should consider addressing the use of probabilistic modeling (using the distribution of
data in the model and re-sampling or simulating a new distribution) to better determine
significant stressor-response relationships. For instance, a statistically significant stressorresponse relationship can be derived that may represent only a small portion of the variability
in the data. Relying solely on this relationship would result in a tremendous amount of
uncertainty in the final criterion developed. A good example of this is Figure 14 (p. 25) of
the Guidance, which shows a statistically significant model that explains only 5% of the
variation in the data - meaning that 95% of the variation is not explained by the model.
Guidance on model selection is critical to reducing uncertainty. The selection of target
numeric criteria as outlined in the Guidance is enhanced by the attempt to predict postimplementation conditions. However, the example used in Figures 29 and 30 of the
Guidance is confusing as it appears that the values are re-projected using one criterion value
(log TP=2) and the prediction analysis is made (i.e., that all 8 of the sites would still exceed
the criterion) using a different value (log TP=l.6).

Findings on criteria application and monitoring for assessment
•

The approach presented in Section 5 of the Guidance should be revisited and possibly
replaced. It appears to be highly sensitive to the way that individual data points located
above a response threshold are distributed around the regression line. For example, in
Figures 30 and 31 of the Guidance, near the intersection of TP and chlorophyll a targets and
candidate criteria, more than half of the data points fall above the regression line which
reflects the best fit to all the data. Projecting back to lower TP concentrations for each of
these individual data points would force a lower TP criterion than would be the case if the
data were actually normally distributed around the regression line. In other cases, there may
be a "cluster" of data points below the regression line, and the back-projected TP criterion
would be higher than if all data points were distributed randomly about the regression line.

•

The Guidance does not adequately address the important issue of continued monitoring and
assessment for adaptive management. With regard to application of numeric nutrient criteria,
Section 5 of the Guidance discusses comparison of predicted and observed data to evaluate
response( s), along the lines of adaptive targets. This intrinsically implies that continued
monitoring and assessment of concentration versus biological response is taking place.
While this is a good idea in principle, it is not clear from the Guidance that this is to be done,
how it is to be done, or at what scale it should be done. This is important because it relates to
the issue of measuring changes in indicators of biological response as nutrient inputs are
reduced to waterbodies. It is unclear how hereditary or legacy losses or inputs ofN and P to
waterbodies will be considered and accounted for in such an empirical approach. This begs

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 the next set of questions facing water resource managers who establish targets for nutrient
loss reduction: "if no water quality improvement or indicator biological response is seen, are
the targets/criteria too high or are legacy nutrient inputs increasingly significant
contributors?" and "how long does it take dynamic ecosystems and watersheds to respond to
changing nutrient inputs?"
•

•

The Guidance should address a number of questions to clarify how the evaluation of
candidate stressor-response criteria will occur, presumably through monitoring. These
questions include the following:
-

While a sound monitoring program will be essential, what form will this take?

-

At what level in time and space will monitoring be established to evaluate criteria?

-

Where, when, and how will samples be collected to establish a long-term monitoring
program to clearly define and measure candidate response( s) to any changes in
management and stressor inputs, as predicted by nutrient criteria?

-

How will monitoring be conducted to give a whole watershed assessment,
considering all nutrient sources and stressors that are contributing spatially and
temporally?

-

How will continued legacy stressor inputs (N and P) be distinguished from
management change-related decreases? Internal recycling of nutrients can mask
water quality improvements brought about by nutrient loss reductions resulting from
land management changes.

The direct and indirect effects of best management practices should be captured in setting
numeric nutrient targets and evaluating responses to target reductions. Implementation of
practices to decrease nutrient losses or inputs to surface waters (i.e., best or beneficial
management practices [BMPs]) can influence other factors that will affect biological
response to nutrient loadings. For instance, riparian buffers are effective at removing
sediment and sediment-bound nutrients (particularly P), as well as removing N by uptake and
denitrification. However, they also provide shade and will influence stream water
temperature and thereby the stressor-response relationship. Such interactions should be
addressed in nutrient criteria development. In addition, the use of buffers, for example, will
influence the size of particulates or sediment in a stream or river that may affect the benthic
population dynamics or species diversity. These direct and indirect effects and complexities
should be captured in target setting and the evaluation of response to achieving target
reductions.

Key Recommendations in response to Charge Question 7
The Committee provides the following key recommendations to address the comments and
findings above.

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 Key Recommendations with regard to recognizing uncertainty

1. The Guidance needs to clearly indicate that the empirical stressor-response approach does not
result in cause-effect relationships; it only indicates correlations that need to be explored
further. For example, the words "cause-effect" should be removed from the title of Step two.
2. The Guidance should address partitioning the uncertainty among the various factors that are
involved in the stressor-response relationship for the specific region/system of interest.
Some variables may be irrelevant to the hypothesized model for that system.
3. The Guidance should better document the physical, chemical and biological variables
comprising the relationships (e.g., habitat, spatial, and temporal) that define the aquatic
system, and which may be important in modifying the relationship between nutrient
concentrations and observed endpoints. These factors need to be well documented so that the
uncertainty in the relationship between nutrient concentrations and measured endpoints can
be reduced.
Key recommendations with regard to conceptual models and uncertainty description/analysis

4. The Guidance should caution users about potential problems associated with using the
overall regression to predict conditions that might result after implementing different nutrient
criteria.
5. EPA should consider addressing the use of probabilistic modeling to better determine
significant stressor-response relationships.
6. The Guidance should address uncertainty resulting from climatic or other environmental
conditions under which studies were conducted.
7. EPA should discourage use of "biased" databases (i.e., that do not contain the range of data
necessary to fully characterize a system of interest) to develop stressor-response
relationships.
8. When cross-sectional data are used to develop empirical models, the ranges of values for
stressors and responses in the cross-sectional data should fully encompass not only the
current conditions in systems of interest, but also the predicted values for the stressors and
responses corresponding to removal of the designated use impairment.
9. The Committee recommends predicting conditions that might result after implementing
different nutrient criteria and testing these conditions on specific data-rich systems of
interest.
10. The Committee recommends that EPA frame uncertainty according to the following key
issues:

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 -

What are the goals of the decision makers (e.g., what are the designated uses and
when are they impaired?), and what amount of certainty is required to make that
decision?

-

Are the mechanisms of the cause-effect relationship understood and are they reflected
in the types of measurements recommended?

-

Do the variables measured reflect the goals of the Clean Water Act? In the examples
presented in Section 5 of the Guidance species richness or chlorophyll a are not
clearly linked to the stated goals (fishable, swimmable waters, etc).

-

Does the analysis tool reflect a known cause-effect relationship and does it allow an
understanding of the process?

-

What are the a priori criteria to be met by the data? This must be established to make
it possible to tell when the data cannot support the decision making process.

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 4.

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enrichment increases secondary production in a detrital-based ecosystem. Ecology 87:15561565.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

43
EPA-17-0193 and EPA-17-0194-A-001096
ED_ 001686C _ OOOO
1087-00064

 Cross, W.F., J.B. Wallace, and A.D. Rosemond. 2007. Nutrient enrichment reduces constraints
on material flows in a detritus-based food web. Ecology 88:2563-2575.
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stimulate leaf breakdown rates and detritivore biomass: bottom-up effects via heterotrophic
pathways. Oecologia 151:637-649.
Hagy, J.D., W.R. Boynton, C.W. Keefe, and K.V. Wood. 2004. Hypoxia in Chesapeake Bay,
1950-2001: Long-term change in relation to nutrient loading and river flow. Estuaries 27(4):634658.
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trend tests: U.S. Geological Survey Scientific Investigations Report 2005-5275, 4 pp.
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and Chemistry 22:2403-2411.
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Deriving sediment quality guidelines for field-based species sensitivity distributions.
Environmental Science and Technology 39:5148-5156.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

44
EPA-17-0193 and EPA-17-0194-A-001097
ED_ 001686C _ OOOO
1087-00065

 Linder, S.H., G. Delclos, and K. Sexton. 2010. Making causal claims about environmentallyinduced adverse effects. Human and Ecological Risk Assessment 16 (in press).
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October 25, 2009]
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for California Estuaries: An Implementation Plan. Southern California Coastal Water Research
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]
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. 2008. Gulf Hypoxia Action
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addition in a coastal rainforest stream on Vancouver Island. Journal of the Fisheries Research
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Suter, G.W., II, S.B. Norton, and S.M. Cormier. 2002. A methodology for inferring the causes of
observed impairments in aquatic ecosystems. Environmental Toxicology and Chemistry 21:11011111.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

45
EPA-17-0193 and EPA-17-0194-A-001098
ED_ 001686C _ OOOO
1087-00066

 Suter, G.W., II, S.B. Norton, and S.M. Cormier. 2010. The science and philosophy of a method
for assessing environmental causes. Human and Ecological Risk Assessment 16 (in press).
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legacy. Environmental Science and Technology. 42:2323-2327.
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U.S. EPA. 2000b. Nutrient Criteria Technical Guidance Manual: Lakes and Reservoirs. EPA822-B00-001. U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2000c. Stressor Identification Guidance document. EPA/822/B-00/025, U.S. EPA
Office of Water, Washington, DC.
U.S. EPA. 2001. Nutrient Criteria Technical Guidance Manual: Estuarine and Coastal Marine
Waters. EPA-822-B-01-003. U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2006a. Data Quality Assessment: A Reviewers Guide (QAIG-9R). EPA/240/B-06/002.
U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2006b. Data Quality Assessment: Statistical Tools for Practitioners (QAIG9s).
EPA/B-06/003. U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2008. Nutrient Criteria Technical Guidance Manual: Wetlands. EPA-822-B-08-001,
U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2009a. Guidance on the Development, Evaluation, and Application of Environmental
Models. EPA/100/K-09/003. Office of the Science Advisor, Council for Regulatory
Environmental Modeling, U.S. Environmental Protection Agency, Washington, DC.
U.S. EPA. 2009b. CADDIS: Helping Scientists Identify the Causes of Biological Impairments.
http://cfpub.epa.gov/caddis/ [Accessed September 15, 2009]
U.S. EPA. 2009c. Quality Management Tools - Systematic Planning.
http://www.epa.gov/qualityl/dqos.html
[Accessed November 11, 2009]
Weed, D.L. 2005. Weight-of-evidence: A review of concept and methods. Risk Analysis
25:1545-57.
Weisberg, S. 1985. Applied Linear Regression, 2nd Edition. John Wiley & Sons, New York,
324 pp.
Wickwire, T. and C.A. Menzie. 2010. The causal analysis framework: Refining approaches and
expanding multidisciplinary applications. Human and Ecological Risk Assessment 16 (in press).

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

46
EPA-17-0193 and EPA-17-0194-A-001099
ED_ 001686C _ OOOO
1087-00067

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001100
ED_ 001686C _ OOOO
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ED_ 001686C _ OOOO
1088-00002

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001102
ED_ 001686C _ OOOO
1088-00003

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001103
ED_ 001686C _ OOOO
1088-00004

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VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001104
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American Oversight v. EPA (18-cv-00364)

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

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American Oversight v. EPA (18-cv-00364)

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001108
ED_ 001686C _ OOOO
1088-00009

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001109
ED_ 001686C _ OOOO
1088-00010

 ,
OVERSIGHT
",Jer-:
. " _r-\ ' 1' "\.

American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001110
ED_001686C_00001088-00011

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001111
ED_ 001686C _ OOOO
1088-00012

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001112
ED_ 001686C _ OOOO
1088-00013

 1il r-

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001113
ED_ 001686C _ OOOO
1088-00014

 EPA-17-0193 and EPA-17-0194-A-001114
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00015

 ..

1750

s •ir, Bi ·,
r~ l (jl)Do,,. ~\ ·'"'1
'w·... ......
,1,:•\:.·,~·"·=
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1w
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1
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(W-•••
-• flrn,,r··ln·,
, •~ =·•
Hi:::sion, W.C, T.E. fol;r:;:,i}t1. D.F. Cha::ks. D.D. lfari. R.J. Hor,.vkz. 0.A. Kre<!g-:!~.
J.E. Pi.~z~:t~i.
DJ \: {'1:n:-.l:-.J.O. Se ~•.bold. C. C:ar.fi-,mi.T. C!~:.on. .-\ .M . Comphm. t,.;_C,mlter . L.
Fusi.!lir!r. B.D. \>!~1:
·s:\al! am;!J. fL:~d. 21.)1)1)
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~ary· rest,!ts~
n tat. "'l
..~,~,nur,ru1g
..-\.s.s~:::i:
::n1enr 63 ~ l !-·:..:::~
Hill. \V.R. t 'N6. Effe..::scJf Lii:du.
fa:nlo·..:v
,.._ . l.r.Ali.ml
•·
. "'*.. . Fie5h\s;;u;.:rBe:1th:c £co5-..
..·srcms (EJittd h..
Stevem 1:n P.J., Both·.~.-i:1;
~-LL, Lowe R.i ... pp 31-56. Ac,:d.:mic P:·i::ss, S.m Dicg1..1
.
K-:::t:y.
~LC. 1996 The Trophic Diac,:,1~1
Ind~:,;: A r-.e:-s ~-far:u:11. Env:mnmental Agt:ncy
{Br·ir:;i:~)..l:!r\s~ol~f:-r1gi·Jr·d
.
~...
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of 1:-rc·::::~t;."-'
••/r!t•i!rfltiiiution. I..c)ng1~1~·tn~
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·er:sc•n _....;·~ "'i;_.Jti1".,e:1 .\,·L ... , Ot..\·r;.,··... . ., pp ot.l~,-()_j_~.
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;.'• .t.. ... ,,~.•i..;;:,.1 .::1., ~ '"" ..).:S t "-' ;...... ...

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l6

iV'C:H'f✓/1 !\I

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001115
ED_ 001686C _ OOOO
1088-00016

 ;,. I ''-,r)
~ V I_

r,1

r"' : J

h.1

t~ ~

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001116
ED_ 001686C _ OOOO
1088-00017

 EPA-17-0193 and EPA-17-0194-A-001117
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00018

 -·-

a
en

4000

I

:J

....

0

a

3000

(IJ

0

.c
D.. 2000
Cl)

·-.u>....
:

·.
1000

-...

0::

• • h1111111h1c
l!uum la 1y lt•r TP
{Uod•!i el al 199111

m
0

I-

0

P-MR

T-Gl-t S-TR W-NW W-PR W-WA W-GA W-73 W-BM W-RA

S t ions

lt'igurr 2. Total readi ve pl1os111tor11s
ec111c
e11tn1tin11( llll'illl +/- I SI() fur sh 1lions. Suggested meso t ro11llire 11tro1>hic hoauulary for TP sltnw11as dolled li11e(= 75 HJ!II).
JI)

,

Frrr A

1 ._r1;V

J

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001118
ED_ 001686C _ OOOO
1088-00019

 j

.

.

W,NWWiPR,W;.WAW~GA

P-MR

Stations
Figure,3., Inorganic nilr ogeu conceufr.ttion (meirn
tSlt.). lnor·gauic nitrc)g,en = H" + ~Ch+NOi
· Suggested mcsot-rophic:-euh~<lphic
boundary ctnu~
:entn\titmfor TN shown
ns do:ttedJine ( = lSO_Oug/1)
- ·-.

.

AMERICAN

()VERSIGHT
American Oversight v. EPA (18-cv-00364)

-~

. -· ·-.

-_

.

....
_

..

'.

---_.

.

.

. .

.

.

.

. .

---

EPA-17-0193 and EPA-17-0194-A-001119
1088-00020
ED_ 001686C _ OOOO

 .,

I
400
350
N

-

--

ns
I

.c

u

300
250
200

150

100
50
0
P-MR

T-GH

S-TR

W-NW

W-PR

W-WA

W-GA

W-73

W-BM

W-RA

Sta t ion

1rig11re4. Periphyhrn shnuli11g l"ro11as Chlm·u11h) ·U-n (1ng/1112t (nn~an t t'- ISE, n~.::3). S!1ggested
n1t.soh"o1tl1ie-eutro11hic boundary for m:ix:imum rhl-u sbm,·11us dashed line(:...::200 mg/m·.}. Suggested
1
lmnmla.-y for 1111is:11u:'.
e algal coru litions slm" '" as dmd1-dot line( ==- 150 mg!n1 ). S111n:1•stetlmesotrophice11h·o 11llic bnmu hary for 111ea11
chi-a shown as a dolled line(= 70 mg/nf •').

:'-=~:r/\.

0\/E .RSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001120
ED_ 001686C _ OOOO
1088-00021

 0
9
8

Algae
Moss

:E
I

C

'.. ·••!i
.. ··· 4

3
2

0
W--WA

Stati.01,s

fi'igure s. Peripltytnn and ~toss stand.ingct·op nsj\Ji'DI\I{ (m·g/cm2), JnC:Hll
+/.. lSE; n 3;

AM~RlGP.N

0VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001121
ED_ 001686C _ OOOO
1088-00022

 Table 3. Diatom
Dominants=,,.,
of
overall abuodance,
Cyli11d1·othecii.and

Community i\'letrics. Where: TDI = Trophic Diatom Index, 'Yo
tobl diatom ,,.alves which accounted for greater than 10% of
Siltation l11dex = %, of motile genera (l \l,n,,fr:11la
. Nit':.st.·hia
,
S11rirella).
•.

- ------------i oral

-·-----------------

t o!

Shannon- Wimer

Station
F -MR

S-TR
W •HW

W-PR
'N-WA
W-GA
'N-73
W-EM

Table 4. Aquatic macrophyte sur,·ey result! . Where : *=found e-xclusilteiy
along st.-eam ma rgins, x = no t found, R= rare, P = present, C = common and A=
abundant .

.-----------

- ----

-

_________________
_
,

Station

Aquatic Macrophytes

Undet. Moe•
Callitrlche ap. •
Eladfl• ap.
Myrlophyllum ap.
N• •tuftium ap.•

Potamog•ton ap.

23
/\

/t I'.--

'

r"

j\

'

· ..:y,i...J :l,1r1 1'•

,

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001122
ED_ 001686C _ OOOO
1088-00023

 j

!120

100

80
CJ% f..4ai:ronl:p1n
C mot l'!I e

80
t.J l-\\/C:~1r:,qe

l·.t. ;-.,: .!rtlllll1
i

r~nr.,t.-11
in1n1

40

20

0
P -UR

S-TR"

W-NW

W-PR

W -WA

W-GA

W -7 3

W-BM

W-RA

Slatioru

Figure 6. lles1tlls of field-bused rapid 11el'ipb1·1tms111
·,·•~J': Pen·emt Maermalgae C1we1·.11:•~
( menn +/- I SI(,
11:.
=3) inul Ma1im11111Marrmdg:ae Length (mm) (mean I/- I SE, II'·-·.,), \'\.,here•= moss ctnierage inrlmlecl in
marroalgae ,·cwerage .
0

EPA-17-0193 and EPA-17-0194-A-001123
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00024

 2.5

High Chi-a

z•

Low'% Canopy
Low lludnc11•

W -tl W
W -'13

PCA 2

•

T-GH

0.5 ·

•

W-RA

.--------------·----r----~-1-~-------111--,-------~
. ,.:s
0.5

-0 .!i

w -1"1

w.

•

P-MR

Low Chi -a
High ,. Canopy

High liudna••

-1 !i

•

W-GA

L

High Nutrie11ts

ltigh Conduc livity
Hi gh Melill

•

l.lJWU

PCA 1

NutritHlh!

Low Conductivity
Low Metals

'4'ignre 7. Pri11ci11alCo111111rne11t
Amtlysis ol' seletl 1,hysicochrmical 1md biological variables. Positive nnd
11egative loading rm!flieienfs greater Haan 0.70 (A1•1>cndix:
4) are shown on a1is I and axis 2. PCA I
1
e1plni11ed :14¼1of total station ,•arhun:e a_mlPCA 2 ex1ilai11ed21 'Vi,of tohtl slafion v:arianre .

25

I

. -r.,,, N
;,

/t,-..
L

, '. 1<.

.If '\

·

OVERSIG T
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001124
ED_ 001686C _ OOOO
1088-00025

 400 - · ·

300

W -PU

•

·tE
!N

•

Ghl-a f1nglrn21

1 -

! CA

I, ......
E 200
as
I
~

-Predicted

Chi-a'

(111
glm:Z)

-

,s;.

0

,.

100

0

0

20

40

60

80

Canopy (0/4 Coverage)

Ji'ig11re8. l.i11eilr l'egressio11slun,ing Ille relafionshi 11 belwer11 '¼. runnpy f"O\'er (de1,emle11t,·ariahle) a!ul
Cid-a (mg / m.!). l>i111ncu11ls
re1n-esent ~h1lin11daln aml li11e1·c11rf'srnts 1u-rdicted Clal--a (y= -4. 18-x+ 2'J2, .-- =
0. 71, P < O.OllS).
'..!6

EPA-17-0193 and EPA-17-0194-A-001125
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00026

 300

'

~-- ..

#'I'
·-...

250

........

• ___

N

__",

200

. - - ..........-

.

- - - ~-----

.....

,.

--•·-

--

.....

E 150

'-"

ftS
I

-.c

(J

100
50
0

0

1000

20

3000

4000

TRP (ug/1)
.,
Fig11re •). Helatin11s1ti11
bet,fer11 tolnl ,·ear.live 1,hos11lmr11s( ng/1) and chlorophyll -a (mg/111·) . Diamonds
re11resr11f01u~11
ca1101t)
' sfatio11s ( I to :n'Vi.
c:.rnopy eo,·er nrnge) :rnd ,u1m1res represent dosed,L"mw1,y .!lhtlions
(39 ht 58'¼1ca1m11)'cover 1·r111gc).D,1shed line rr11rt•s,~111s
rn·cdielrd Chi-a ( y = 0.021 ·I J')5, r· = 0.41,
p>0.05) HI or1e11 CIIIIO(lY siles.
27

M.:v.=-p;r \ \!

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001126
ED_ 001686C _ OOOO
1088-00027

 .--.

250

N

...._ 200
CA

I ..

........1

-.c

I

I

100

0

50

'I

0

... L

0

100

5000

lno

anic N (u

__
J,"

L

15

20000

0

I)
1

l•'ignrc Ill. llelutiu11slai1)between i11m·g~mie11itrogc~11
tng/1) and d1lor-of)hyll-a (n1g/111 ). Dh1111muh1
re11rcs1~11I
01>e11
ram,11ystaliorts ( I to ]2%, curmp)' cm ·,.·r rmage) and s,11mres r1~1uesent dosed ~;11m11y
slafio11s
(39 to 58'% canopy CllVlff ra111ge). Solid lint~ rep1·f•senis 1wedictr.d ('hi-a ( y .;:;,0.00~4x + I 92. r- :::-:
0.66,
1>< O.OS}nt n1>e11
l":mopy sites.
'.?K

EPA-17-0193 and EPA-17-0194-A-001127
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00028

 Table 5. N11trieot data for ambient reference streams in Ecoreaion 64 and
\ Vissaltickoo c:reek ~lt \'\;-RA ("''QN 115). Conceorrations represent geometric
mea11Sfur monthly sampling . The Wissahickt>n Watershed is located in three
subecoregioos (11,c, and d). \'7QN 115 is lm::aredin 64c.

Yr1. or Data

TP
N:P

Creek
Cooks CrHk
Tinicum Creek
Franch CrHk

461

Muddy Creek

133 1

76 : 1

Wi • sahickon Creek·

Table 6. \.Vissabicko11Creek periphytDo stations compared t11suggested
eutropltication criteria(nutrieot and biological) and Pa D[P \\'aler Quality
Standards for Dissolved Os:yien. A Y!!_value indicates that tbe station exceeded the
criteria, \libere: 11s = not sampled, * = 1998 NIER und 1999 DEP s:.ampliog. and••
= moss coverag,e included in 01.1croa!g~u·co,·erage.

Nutnents(ug/l)
TH > 1500, TP >15

Chi-a(mglrr. 2i
150

Coverage

ns
T-6~·~

W-PR
W-WA

W-73
W-BM

Vo/-RA

No
Yes

No
,..o
No

Yes

No
N::,

EPA-17-0193 and EPA-17-0194-A-001128
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00029

 l

'\,. \ · ·.1··111-u:0,
· 7
·.

\

J i.....,.\•1

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001129
ED_ 001686C _ OOOO
1088-00030

 ..

l1111r1111lc
Nllroa-~,

,,..,

...

. •· .i ....

, ., ..... ,, , .... ,. , 111 L ,1&

.u 1u u1nu,~u:;.11

11.11a •

---- '' ........
' ......'

ln

•t,

,t·,e,• : h lghllghled dilla • re vlalal1on1 ol Cba1>terH (Wahtr Quall! W'St1111l,ird1)'or Ghar11ar16 I fo ah; !it).
• =-Flah • nd ac1m1llclife critel'III (1mnlim1ou• I
•• = Fl• h • lld aq11allcIii• aril•ri • (con1in11c11111
•fld n111inmm)
... • mos • includad In ll\ • 1uual911 c:ovnr•c1a

I
,

\

/''R ·,'-.Jf'"'\
r- t\ ,.,\J
r

l o: .

I

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001130
ED_ 001686C _ OOOO
1088-00031

 EPA-17-0193 and EPA-17-0194-A-001131
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1088-00032

 Pheophytin; Mean, SO, CV,V & ANOVA 1998 Wisaahickon Periphyton Survey
Pheophytin I fuglcm2l
Mean
SD
CV

- -- - -

P-MR
T-GH

..

S-TR
W-NW

W-PR
W-WA
W-GA
W-73
W-BM
W-RA

Pheophytin a, P-valUfHI , <O.OSHighlighted

----

···- !

, .ooa __
,'.
____
_J
0.004

i

cc-:,

....

:,:,
,,I~

·\ l1L.
lCp'.r'/'
. ..J

.

\i ,

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001132
ED_ 001686C _ OOOO
1088-00033

 AFDM :Mean, SD, CV,V & ANOVA 1998 Wissahickon Periphy t on Survey
Aah-Fr•• Dry Il a •• tmgicm2 J algae
Mean

SO

CV

V

V-L T

P-IIR
T-GH
8-TR

W-NW
W-PR

W-WA
W-GA
W-73

W-BII
W-RA
AFDM I algae),

P-valu1 • , <D.0! Highlightad

!log tr an1fonned)

l

CQCi

34
_r,·i\ri.:::p
:r~ 11 ,,

, ' . ··-

, ..II

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001133
ED_ 001686C _ OOOO
1088-00034

 '

-- ____

~~-

Autotre>phic lodex;M~an,

,

sot CV,V

& AN.OVA

1998 Wis~ahickon Periphyton Survey
Maximum L_ength(mm)

Station
P-MR
T~GH

Mean ·SO .·

CV

$ -TR

w~w
W-PR

W-WA
W,G.A ..

W~73.
_
W-BM
W~RA

Autctrophie Index, P~vah..1es,
<0J)5 Hlghllghted {Lo.g Traniform ed) ·

!
I
I'

AivlE.RJC
·, i .

0VERSIGHT··
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001134
ED_ 001686C _ OOOO
1088-00035

 M~croalga~ (%

·
· Statiori

Coveragel !Mean; SO,cCV 1V&A.NOVA
· '-_ 1998Wissahickonlleriphyti)n$urv.ey
..
~-:
-....,

·- .

- .-·,

·--

-_

-

·.

--

'.

----~

·,

'

-

·,

MacroalgH (% Coverage)
Mean . SD
CV .

·fl.MR
-T~H
. S-TR"

W-NW
W-PR

W~WA
W;.GA
W•73

W-BM

..

W~AA
*: rnosswas included with mac ro ceiveragees:tfmate,samp
lewasnot lnctudeti

in

ANOVAand cor!-ela~!onanatvs••·

P-vah.1ea1
<fUJ6Highttgnted.

36

- .r0A·f
A ",.
{VtL-i 1, .-,..J ·•

-0VERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001135
ED_ 001686C _ OOOO
1088-00036

 Macroalgaa Maximum Length (mm) :Mean, SD, CV,V & ANOVA
1998 Wiasahickon Periphyton Survey

Stati on
P-MR
T-GH

Maximum Length (mm)
SD
CV

..

V

S-TR'"
W-HW
W-PR
W-WA
W-GA
W-73
W-BM
W-RA

Macroalgae Maximum Length (mm) . P-values , <0.05 Highlighted

i 0.332

37

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f--tr
, :\.';
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 Appe11dix 3. Duplic a te data for Chlorophyll-a, Pbeopbytin-a, and AF'Dl\il. Where
sd = stand a rd de1·iatit>n and cv = coefficien t of va riation.
Wisaahickon Pariphyton Survey - 1998

Duplicat e Oat •
Samp le ID

:
Chlorophyll a

Pheophytin a

AFDM

Chlorophyll a

Phaophytin a

AFDM

W-RA-C
W-RA-C dup
mean
ad
CV

S.ampla ID
W-PR -A
W-F'R-A dup1
W-PR-Adup2

27.7Ci
28.0{

mean
!r.!
CV

38
,

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 .

.,

.
Appendix 5. Pe~nson Product t\tloment Correlation matrix for standing crop
measurements and macroal1ae measurements. Highlighted correlations are
significant(*= p < 0.01).

•1. Macroalgaa

AFDM

M • croalgae

Cevera e

Chi-a
AFOM
% Macro Coverage
Macro Max. Length -----0--49

1

-!

----------

1.00
0.85*

1.00

·-

..i

·---·----·------'

Appendix 6. Pearson Product l\1oment Correlation matrix for selected
pbysicochemical and biological , ·ariables. Highlighted correlations tire significant(*
= p< 0.05. ** = p < 0.01 ).

· % Canopy

Avg . Diel
!0020

Cond.

Su.am ·

Width

TD!

TRP
1n,i:ug. N

Avg . Ciel 00 Sw.
!10020
Conducti v ity

•,:.Canopy Cc,varaga

· 0.84 ••

Stream Widtt1

-

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 Limnol. Oceanogr., 51(1, part 2), 2006, 671±680
q 2006, by the American Society of Limnology and Oceanography, Inc.

Eutrophication and trophic state m nvers and streams
Walter K. Dodds 1
Division of Biology, Kansas State University, Manhattan, Kansas 66506
Abstract
Many natural streams are net heterotrophic, so I propose that trophic state be divided into autotrophic and
heterotrophic state. This division allows consideration of the in- uence of external carbon sources as well as nutrients
such as nitrogen and phosphorus. Empirical results suggest that phosphorus and nitrogen are the most important
nutrients regulating autotrophic state in - owing waters and that benthic algal biomass is positively correlated to
gross primary production in streams. Reference (minimally in- uenced by human activities) nutrient concentrations
and correlations of nutrients with algal biomass are used to characterize reference distributions of stream autotrophic
state. Only when reference nutrient concentrations are in the upper one third of those expected in the United States,
is maximum benthic chlorophyll projected to exceed 100 mg m 22 (a concentration commonly used to indicate
nuisance levels) . 30% of the time. Average reference nutrient concentrations lead to sestonic chlorophyll concentrations above those considered typical of eutrophic lakes ( . 8 mg m 2 3) less than half the time. Preliminary analysis
suggests that autotrophic state is variable in small pristine streams because it is in- uenced by canopy cover (light),
but heterotrophic state is less variable because it can be based on allochthonous or autochthonous production.
Nitrogen and phosphorus enrichment can in- uence both heterotrophic and autotrophic state, and these effects could
cascade to animal communities. Stoichiometry should be considered because carbon, nitrogen, and phosphorus are
all involved in trophic state. The proposed de®nition of trophic state offers a starting conceptual framework for
such considerations.

could be found. Eventually, as the in- uence of the sewage
diminished downstream, Hynes predicted a return to the
clean water animal communities found upstream of the sewage outfall.
Enrichment by N and P were also considered in the Hynes
model. He noted a substantial increase in ammonium, phosphate, and nitrate immediately downstream from the sewage
outfall that diminished farther downstream. In the anoxic
zone, the prevalence of cyanobacteria ( Oscillatoria and
Phormidium) and Euglena, and further downstream substantial biomass of Cladophora, were predicted. A decade later,
Hynes (1970) speci(Ecally noted that nutrient enrichment
could occur in rivers and streams as a direct result of human
alteration of land use (in addition to sewage input). He described the amounts of increase in fertilizer use and made
preliminary calculations of how much fertilizer might reach
rivers and streams. At that time, however, Hynes documented a paucity of studies on the effects of nutrient enrichment
alone but predicted that planktonic algae in large rivers
would be stimulated.
There has been conceptual progress related to de::Ening
trophic state and characterizing lotic eutrophication on several fronts in the last three decades. Omernik ( 1977) proposed that various regions are expected to have distinct baseline amounts of nutrients related to geology, topography, and
land uses. He described areas of the United States that would
be expected to have relatively greater concentrations of nutrients in streams, and he de::Enedthe concept of nutrient
ecoregions. The idea that a reference baseline trophic level
occurs naturally in a region forms the basis of many current
efforts to regulate stream nutrients. Over the last three decades, numerous research programs were designed to link
nutrient enrichment to increases in autotrophic biomass in
rivers and streams by methods that included the "clay pot"
nutrient±diffusing substrata experiments, experimental

The evolution of concepts regarding enrichment in
streams
In its course from the source to the sea, the progressive eutrophication of a river water by drainage from cultivated and
inhabited districts is an almost inevitable natural process.
»Butcher 1947

Although current concerns about stream eutrophication
mainly focus on nitrogen (N) and phosphorus (P) enrichment
(e.g., Smith 2003), early water quality and nutrient enrichment studies in lotic systems focused on carbon (C) enrichment from untreated sewage. Excessive loading of biochemical oxygen demand (BOD) made rivers completely anoxic
downstream of sewage treatment plants. Hynes (1960) considered the physical, biological, and chemical effects of sewage loading to create a general conceptual model on the basis
of the research of Butcher (1946) and others. The conceptual
model of Hynes in part considered the in- uence of increased
organic C on dissolved oxygen (0 2) and subsequently on
hypoxia- and anoxia-sensitive animals. He noted that most
animals immediately downstream from a sewage outfall disappear under anoxic conditions and that, as 0 2 enters the
stream via aeration, high densities of pollution-tolerant fauna
1

Corresponding author (wkdodds@ksu.edu).

Acknowledgments
I thank Dolly Gudder for technical assistance. Conversations with
Val Smith, Jack Jones, Kirk Lohman, and Gene Welch helped formulate many of the ideas presented here. Two anonymous reviewers
and Bob Hecky provided many excellent suggestions for improving
the text.
I am thankful for support from the U.S. National Science Foundation Konza Long Term Ecological Research grant and award DEB
0111410.
This is contribution 04-301-J of the Kansas Agricultural Experiment Station, Manhattan, Kansas.

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 Dodds

672

stream channel enrichment experiments, whole-stream enrichments, and a de®:lition of nuisance amounts of algae
(Welch et al. 1988).
At a more fundamental level, there have been few attempts to de®:le the trophic state of lotic ecosystems and
provide a comprehensive de®:lition of eutrophication applicable to rivers and streams. Thus, I initially attempt to provide such a de®:lition, and under this framework, I describe
how prior research can be viewed given my de®:lition.

-

,-._

100

A

~

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I

s
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0

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0

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0

0

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.::

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0

"Cl

De'.IDningtrophic state and eutrophication

in streams

The de®:lition of tropic state I develop here is designed
to include both autotrophic and heterotrophic components;
thus, there is a "heterotrophic state" and an "autotrophic
state' ' of a stream or river. Heterotrophic state can be de®:led
as the metabolic activity of the stream (typically measured
as average 0 2 demand [respiration, R] during dark periods
and scaled to 24 h). Autotrophic state is the gross primary
production (GPP) during lighted periods (typically measured
as production and scaled to 24 h). The delineation of heterotrophic and autotrophic state in - owing waters was pioneered by Odum (1956). I propose that eutrophication in
lotic habitats be de®:led as an increase in a nutritive factor
or factors that leads to greater whole-system heterotrophic
or autotrophic metabolism.
Heterotrophic state and autotrophic state are not mutually
exclusive; a system with substantial autotrophic activity will
likely have high heterotrophic activity and certainly have
high respiration. This link between autotrophy and respiration can lead to a positive correlation between respiration
and GPP (Fig. 1). But, a system with more heterotrophic
activity does not necessarily have more autotrophic activity
(e.g., the condition obtained with high BOD loading). Thus,
GPP:R can indicate the balance between heterotrophic and
autotrophic state. Considering both autotrophic and heterotrophic components accounts for enrichment by organic C
in addition to N and P, and accounts for the observation that
lotic food webs can be based on consumption of autotrophic
or heterotrophic organisms.
My proposed de®:lition of lotic trophic state is based on
total heterotrophic and autotrophic production and in- uenced by emerging research on lakes. Although production
of lakes has often been linked to planktonic biomass (usually
expressed as chlorophyll concentrations), lakes can be net
heterotrophic and highly in- uenced by terrestrial C inputs
(e.g., Cole et al. 1994). Thus, solely emphasizing autotrophic
biomass might not accurately describe trophic structure in
lentic ecosystems. Rivers and streams are likely to be more
dominated by heterotrophic processes than lakes given their
stronger linkage to terrestrial systems as a source of organic
C and the greater likelihood that light is intercepted. In small
streams, the riparian canopy often shades the stream bottom,
turbidity greatly attenuates light in many large, well-mixed
rivers, and in some streams (blackwater streams), dissolved
organic C colors the water and retards primary production.
In many rivers and streams, much allochthonous organic
matter enters seasonally and through storm water runoff. The
net production of most streams is negative (i.e., GPP:R ,
f-\lVI

c.r 11

0

0....
0..

cro

0

0

~10

0

1-

0

0

s
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VJ
VJ

0

....

00
0

8

0

0..

0

0

0

0

0.1
1

10

100

1000

10000

Benthic chlorophyll (mg m-2)

-

100

,-._

B

I

"Cl

N

I

s
N

0

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%

0
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00

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Co

0

0

oo

<8

0

0

u

0.1
0.1

I

10

100

Gross primary production (g 02 m-2 d- 1)
Fig. 1. (A) Relationships between benthic chlorophyll and gross
primary production and (B) between gross primary production and
community respiration. Data are taken from literature compiled by
Bott et al. (1985); ranges were reported for values at one site, and
the mean of the minimum and maximum is plotted. The relationship
in (A) is signi®::ant by linear regression (p , 0.05, r 2 5 0.24) and
in (B) (p , 0.05, r 2 5 0.80).

1), even in open-canopy, shallow, clear-water streams (Mulholland et al. 2001). Thus, any de®:lition of eutrophication
in streams should consider heterotrophic activity.
Autotrophic activity can also be important in rivers and
streams. Some streams with open canopies are net autotrophic (Mulholland et al. 2001). Phytoplankton production can
supply a signi®;ant portion of the productivity in medium
to large rivers that are not highly turbid and do not com-

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Lotic eutrophication

pletely mix because they have zones with limited water replacement (e.g., Thorp et al. 1998; Wehr and Descy 1998).
Thus, allochthonous and autochthonous sources of C both
should be considered, as well as inorganic and organic forms
of nutrients such as N and P, when de::Eningtrophic status
of lotic ecosystems.
Historically, trophic state in lakes was de::Enedon the basis
of clear delineation between anoxic hypolimnia and oxygenated waters (i.e., the difference between a mesotrophic and
a eutrophic lake) and subsequent increases in the prevalence
of cyanobacterial blooms, eutrophication- resistant animals,
decreased water clarity, and taste and odor problems. Foremost, biogeochemical processes favor increased internal
loading of P, leading to a positive feedback that stabilizes
the eutrophic state with an anoxic hypolimnion (Dodds
2002). Such clear delineation of eutrophic conditions does
not occur in shallow lakes, wetlands, and lotic systems for
a variety of reasons.
Rivers and streams are relatively shallow and have considerably greater rates of atmospheric exchange compared
with lentic systems, except under very low - ow conditions
when they become similar to small, shallow lentic systems.
Thus, it is diEEtult for biota to consume all the 0 2 in the
water column without substantial inputs of BOD and adequate nutrients to support very rapid rates of heterotrophic
activity. Anoxia is rare in the water column of natural rivers
and streams, even in forested streams under deciduous canopies immediately after leaf fall. In most lotic systems, internal loading of P and N tends to be dominated by remineralization, groundwater inputs, and erosion. Subsequently,
alternative methods are required for describing trophic distributions in lotic ecosystems.
An approach that uses statistical distribution of benthic
chlorophyll and water column nutrients was proposed to
classify trophic state in streams given a lack of breakpoints
(Dodds et al. 1998). Trophic categories by statistical distributions signify the probabilities of each trophic state. However, Dodds et al. (1998) used distributions from data sets
that included affected sites; thus, the proposed categories do
not represent natural trophic distributions. Many regions of
developed countries completely lack such reference sites.
However, a broad de::Enitionof stream trophic state requires
consideration of the historical condition of streams before
substantial modi®;ation that might in- uence heterotrophic or
autotrophic state.
Which nutrients might be expected to control trophic
state in lotic systems?
Before I propose trophic categories, it is important to justify which nutrients need to be considered to classify trophic
state (i.e., if respiration and production are the response variables, what are the driver variables?). The most in- uential
limnologist in modem times, G. E. Hutchinson (1957), stated
"Phosphorus is in many ways the element most important
to the ecologist, since it is more likely to be de®;ient, and
therefore to limit the biological productivity of any region
of the earth's surface, than are the other major biological
elements.'' This has led to the view that ''Excessive con-

Af'v1cr11

centrations of P is [sic] the most common cause of eutrophication in freshwater lakes, reservoirs, streams, and in the
headwaters of estuarine systems" (Correll 1999). These assertions are not based on speciIB:cexperimental and empirical
observations of lotic ecosystems. How well do the data support the statement that P is the primary agent of autotrophic
eutrophication in rivers and streams?
One of the common methods for assessing nutrient limitation of benthic algae in - owing waters is measuring chlorophyll accumulation on nutrient-diffusing substrata (e.g.,
Pringle et al. 1986; Winterboum 1990). Francoeur (2001)
performed a meta-analysis of 23 7 nutrient enrichment studies in temperate streams and found that 16.5% indicated an
N response, 18.1% indicated a P response, 23.2% required
N and P be added together for a response, 5% had N or P
inhibition, and 43% had no response to N or P.
Tank and Dodds (2003) tested for autotrophic nutrient limitation across 10 North American streams with the use of
silica (glass ®ber ®lters) or wood (thin layers of wood veneer) substrata in nutrient-diffusing agar devices. Algae responded differently to nutrients, depending on the substrata
on which they were growing, and there was no primary positive response of algae to P enrichment alone at any site. No
response to nutrient enrichment was a common result of
these experiments, but N or N and P stimulated algal biomass at unshaded sites. The lack of nutrient response was
closely linked to sites with limited light and a large amount
of canopy cover. Tank and Dodds (2003) also presented a
literature review that closely mirrored that of Francoeur
(2001) in the percent responses to N and N 1 P treatments.
Few nutrient-releasing substrata experiments have tested
for nutrient responses other than N and P. Chessman et al.
(1992) tested for trace nutrient concentrations in eight
streams during two seasons in Australia. They found no evidence for trace nutrients (Ca, Mg, K, S, Fe, Mn, Co Cu,
Zn, thiamine, biotin, or B 12 ) stimulating algal growth in any
stream during any season. The most common response was
to N addition alone, with secondary P limitation occurring
frequently.
Whole-stream fertilization experiments are rarely conducted under natural conditions, but Stockner and Shortreed
(1978) used streamside enrichment troughs in British Columbia and demonstrated a strong P enrichment effect on
algal biomass, with a secondary N enrichment effect. Enrichment of the Nechako River in British Columbia indicated
N limitation (Perrin and Richardson 1997). Enrichment of a
tundra river with P for four consecutive summers ®-st stimulated algal biomass and productivity and eventually stimulated ®sh production (Peterson et al. 1993).
An alternative, empirical approach for determining the response of algal biomass to nutrients is to establish the statistical relationship between in-stream nutrients and algal
biomass. This approach was applied across Missouri streams
of varied nutrient enrichment, and positive relationships between water column total N and benthic chlorophyll were
found, with a similar relationship between total P and mean
benthic chlorophyll (Lohman et al. 1992). Nutrient-enriched
sites in this study had more rapid chlorophyll accrual after
a scouring - ood than nutrient-poor sites. Lohman et al.
(1992) speculated that N was more important in these

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674

Table 1. Some studies of owing waters reporting nitrogen and phosphorus enhancement of heterotrophic activities.
Location

Response variables

Shaded New Zealand
C glucose incorporation, endostream
cellulase activity
Small Appalachian streams Microbial respiration, fungal
biomass, extracellular enzyme activity
Laboratory with stream as- Leaf degradation by bacteria
semblages
and fungi
10 North American streams Fungal biomass (ergosterol)
14

Laboratory experiment
Coastal wetland soil

Leaf mass loss
Bacterial activity

Laboratory experiments on Bacterial counts
plankton from blackwater streams of North Carolina
Carolina streams
Fungal biomass (ergosterol)

Response
N and P stimulated endocellulase activity, but not glucose uptake
N and P colimitation

Tank and Winterboum 1996

N and P stimulated degradation

Gulis and Suberkropp 2002

2 streams, no effect; 2, P effect; 4, N
stimulation; 2, P stimulation
Both N and P effects found
P stimulated bacteria, whereas N stimulated macrophytes
Both N and P stimulated bacteria

Tank and Dodds 2003

Tank and Webster 1998

Blirlocher and Corkum 2003
Sundareshwar et al. 2003
Mallin et al. 2004

High N- and P-sites had greater ergoster- Padgett et al. 2000
ol accumulation

streams than P. Similar relationships were subsequently established for 13 rivers in southern Ontario (CMl:elat et al.
1999).

A cross-system analysis of temperate streams established
that total N and total P in the water column were signi®cantly related to benthic algal biomass (Dodds et al. 1997).
This relationship is relevant to trophic state because production is positively correlated with algal biomass (Fig. 1). Subsequent analysis of an expanded data set suggested that mean
and maximum algal biomass were signiIB.:cantlycorrelated
with total N and, to a lesser extent, with total P in the water
column and that the best predictive model for algal biomass
included both N and P. This analysis also suggested that in
excess of a threshold value of total N and total P, there are
no increases in mean benthic chlorophyll, thus indicating
that nutrient limitation is overcome when water column nutrient concentrations are great enough (Dodds et al. 2002).
Positive correlations also exist between planktonic chlorophyll and water column nutrients in lotic systems. An analysis of suspended chlorophyll in temperate rivers and
streams showed a positive relationship between water column total P and suspended chlorophyll (Van Nieuwenhuyse
and Jones 1996), with an apparent decrease in planktonic
chlorophyll yield per unit P when total P was in excess of
approximately 300 mg m 23 . These authors did not consider
total N, so the relative importance of N and P could not be
assessed from their data. However, Basu and Pick (1996)
studied 31 Canadian Shield rivers and found positive correlations of sestonic chlorophyll with total N in addition to
total P, but did not demonstrate any decrease in chlorophy 11
yield at high nutrient concentrations.
Nutrient enrichment experiments on heterotrophic activity
are less numerous. However, the existing laboratory and <Eeld
experiments suggest that nutrients can limit heterotrophic activity (N, P, or both can be important, Table 1). A survey of
stream metabolism across eight streams from various North
American biomes indicated that soluble reactive P concenAIVICJ"\I

Reference

trations were positively correlated with both GPP and respiration (Mulholland et al. 2001).
The forms that N and P are in might not be extremely
important determinants of heterotrophic or autotrophic state.
Algae can use organic N as a primary N source (Antia et al.
1991). In addition, heterotrophic bacteria can be strong competitors for dissolved inorganic nutrients as well as nutrients
in dissolved organic compounds (Dodds 2002).
Both N and P (in organic and inorganic forms) could be
important determinants of autotrophic and heterotrophic activity in rivers and streams. This is borne out by manipulative experimental approaches and empirical analyses. There
is little experimental support for minor nutrients stimulating
heterotrophic or autotrophic microbial activity. As discussed
in the introductory section, it is clear that C additions will
have a strong in- uence on system heterotrophic activity (0 2
consumption). It is probably unwise to assume a priori that
P is the limiting nutrient of the autotrophic state in any particular stream.
Determining boundaries of trophic state
Data presented in the previous section suggest that water
column N and P should be considered when characterizing
the autotrophic state of rivers and streams and perhaps when
determining heterotrophic state. The relative trophic state
should be based on the frequency distribution of relatively
pristine lotic waters because anthropogenic inputs change
over time, as will trophic boundaries. Whereas Dodds et al.
(1998) considered total N, total P, and benthic chlorophyll
across a wide variety of streams, they did not account for
streams that are naturally heterotrophic and did not attempt
to use only reference streams to create an expected distribution in the absence of anthropogenic effects.
Reference nutrient data can be used to establish rough
limits on the autotrophic state of streams with regard to nutrients; I present one possible approach. Reference nutrient

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Lotic eutrophication

Table 2. Lower one-thirdand upper one-thirdof the distribution
of stream total N and total P pooled across 14 ecoregionsaccording
to reference values determined for each individual ecoregion by
Smith et al. (2003), 13 ecoregionsfor total P, and 12 ecoregionsfor
total N from Dodds and Oakes (2004) and the relationship of the
boundary numbers from Smith et al. (2003) data to cumulativefrequency distribution of benthic chlorophyll (Chl) as a function of
total N or total P (Fig. 1) expressed as the percentage of benthic
chlorophyllmean or maximumvalues exceeding 100 mg m 22when
nutrient values were less than the boundary value. For example,
when seasonal mean of total N was , 714 mg m 23, then 10% of
the streamshad mean benthic chlorophyllvalues exceeding 100 mg
m22 and 29% had maximumvalues exceedingthat amount.

Nutrient
TotalN
Total P

Autotrophic
state
boundary
Lower one-third
Upper one-third
Lower one-third
Upper one-third

Concentration
Cases
(mg m23)
exceeding 100
mg m22(%)
Dodds
Smith and
Maxiet al. Oakes Mean mum
2003 2004
Chl Chl
285
714
29
71

370
659
23
48

7
10
5
13

27
29
17
25

concentrations from modeling, including a correction for atmospheric N deposition, have been proposed for 14 nutrient
ecoregions across the United States (Smith et al. 2003). I
ranked the median values (one for each ecoregion), and the
distribution was divided into the lower, middle, and upper
one third (oligotrophic, mesotrophic, and eutrophic, respectively, following limnological convention) of the reference
nutrient values (Table 2). The distribution of reference nutrient values roughly agreed with those provided by Dodds
and Oakes (2004), who corrected for anthropogenic in- uences ( as represented by human population density and land
use characteristics) on stream nutrient concentrations with
analysis of covariance across the same ecoregions (Table 2).
There is a positive correlation between autotrophic activity and benthic chlorophyll concentrations in rivers and
streams (Fig. 1). Therefore, I initially base auto trophic
boundaries on standing stocks of algal biomass, as is the
convention in lakes. To accomplish this, the reference nutrient values from Smith et al. 2003 are applied to observed
frequency distributions of seasonal mean and maximum benthic chlorophyll, plotted against water column nutrients (Fig.
2). These frequency distributions are used to calculate the
probability that a stream will have a given amount of chlorophyll at a speci®; level of nutrients (Table 2). Relationships derived from those developed by Dodds et al. (2002,
corrected for errors Dodds made when entering data from
Lohman) also can be used to calculate expected mean and
maximum values for benthic chlorophyll on the basis of the
nutrient boundaries presented in Table 2 (Table 3).
Benthic chlorophyll values . 100 mg m 22previously have
been considered a nuisance (Welch et al. 1988). This analysis
suggests that a mean value of 100 mg m 22 of chlorophy 11is
attained in , 7% of oligotrophic streams and in 10±13% of
eutrophic systems. The regression analyses also suggest that

oligotrophic systems should exhibit maximum benthic chlorophyll values . 100 mg m 22 only 27% of the time. Other
approaches are possible ( e.g., Dodds et al. 1998), but the
method presented in this paper considers the dynamic nature
of chlorophy 11in streams and is reference based.
A similar approach to determining reference trophic state
can be taken with regard to planktonic chlorophyll in rivers
and streams. A large data set (n 5 292) of lotic planktonic
chlorophyll and water column total P was assembled for
temperate rivers and streams, and associated regression
equations can be used to link nutrients and phytoplankton
biomass (Van Nieuwenhuyse and Jones 1996). A smaller
data set from 31 rivers in southern Ontario and western Quebec related total N (mg m 23) and total P to planktonic chlorophyll (mg m 23; Basu and Pick 1996). This paper presented
a regression equation for total P, but regression of their raw
data yielded the following relationship.
log 10(planktonic chlorophyll)
5 21.247 1 0.676 log 10(total N)

r 2 5 0.65

The distribution of reference values from Smith et al.
(2003) can then be used to calculate autotrophic categories
from these equations (Table 4). These data agree roughly
with both the Van Nieuwenhuyse and Jones (1996) and the
Basu and Pick (1996) equations for total P, but the total N
boundaries derived from the Basu and Pick chlorophyll±total
N relationship were substantially lower than those derived
for total P from the same data set. The data suggest that
planktonic chlorophyll only exceeds values considered typical of eutrophic lakes (8 mg m 23; Dodds 2002) when nutrients are abundant relative to the reference condition. The
data also are consistent with the idea that the amount of
planktonic chlorophyll per unit total N or total P is less in
lotic waters than in lentic waters (Suballe and Kimmel
1987).
More limited data are available for whole-stream estimates of autotrophic and heterotrophic state, but some idea
of the ranges expected for the trophic states can be gleaned
from analysis of the results of a cross-system study (Mulholland et al. 2001). Although this study and an additional
data point (P. Mulholland pers. comm.) only covers nine
streams, it has three important characteristics. First, all the
measurements were done the same way at each site with
methods likely to give the best results (two-station diel 0 2
method, corrected for groundwater in- uences). Second, all
the sites studied but one were relatively pristine small
streams, so the data can be used to determine trophic boundaries mostly in the absence of human effects. Third, the
streams were located in a variety of biomes, including one
desert, one prairie, one tropical, one arid montane, one mesic
montane, and four temperate deciduous biomes (Mulholland
et al. 2001 ). Whole-stream auto trophic state varied over 150fold in this data set (very high rates of GPP were associated
with the lighted desert stream), with the central one third of
the distribution falling between 0.4 and 1.8 g 0 2 m 22 d 21
(Table 5). Heterotrophic state was considerably less variable,
ranging about 10-fold with the central one third of the distribution falling between 6.7 and 8.3 g 0 2 m 22 d 21(Table 5).
Bott et al. (1985) reviewed studies of ; 70 streams with

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 Dodds

676
0.5
>

~

0.4

oJ:)

C

;,a
0)
0)

D

>50mgm- 2
>100 mg m-2

6

>150mg m-2

0

0)

1.0
0)

>

~
C

;,a 0.6

0.3

0)
0)

u

u

K
0)

::2
u
C

ro
0)

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oJ:)

K

0.2

0)

:2
u
0.1

K

ro

0.4
0.2

a
0..
0
... 0.0
0...

0.. 0.0
0
I-.

0...

101

J03

102

J04

J05

JOI

102

-3

0.5
0)

>

0.4

~

oJ:)

oJ:)

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;,a
0)
0)

;,a

0.3

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0)

u

K

:2
u
C

ro
0)

s

0.6

C

u
0)

J05

0.8

0)

>

J04

-3
Total N (mg m - )

Total N (mg m )

~

J03

0.4

K

0.2

0)

:2
u
K

0.1

0.2

ro

s

0..

0.. 0.0
0
....

0.0
0
....

0...

0...

10

100

1000
-3
Total P (mg m )

10000

1000
-3
Total P (mg m )

10

100

10000

Fig. 2. Relationships between seasonal mean water column nutrients (total N and total P) and proportion of instances in which seasonal
mean and maximum chlorophyll exceed 50, 100, or 150 mg m 23. Data are from literature sources compiled in Dodds et al. (2002), mostly
for shallow rivers and streams. This compilation previously had incorrect values for data reported by Lohman et al. (1992). Those values
now match the original source. n 5 250 for total P and n 5 199 for total N.
maximum rates of 48 and 50 g 0 2 m 22 d 21 for GPP and
respiration, respectively. These rates were from streams with
human effects and were several-fold higher than the maximum from more pristine streams. This indicates that both
autotrophic state and heterotrophic state can be in - uenced
by eutrophication. Maximum rates of GPP are probably lim-

ited by light under nutrient-replete conditions, whereas respiration is probably limited by 0 2 aeration rate in streams
with high loading of biochemical oxygen demand.
I speculate that light limits autotrophic state of streams
(interception by the canopy), but not heterotrophic state, because although light is intercepted by riparian vegetation, it

Table 3. Corrected regression equations for data presented in Dodds et al. (2002) and expected
autotrophic state mean and maximum benthic chlorophyll (Chi) values calculated from nutrient
concentrations in Table I with these equations. Equations are of the form log 10 (mg chlorophyll m 22)
5 Intercept 1 Bl log,o(mg m 23 total Nor total P) 1 B2 [log,o(mg m 23 total Nor total P)]2.
Expected
chlorophyll
(mg m 2)
Lower

Upper

Relationship

Intercept

B,

B2

Rl

A

A

Mean Chi versus total N
Maximum Chi versus total N
Mean Chi versus total P
Maximum Chi versus total P

22.638
0.438
20.608
0.216

2.460
0.613
1.486
1.680

20.320

0.401
0.295
0.402
0.371

30
88
36
109

60
154
65
204

20.255
20.297

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 Lotic eutrophication

Table4. Autotrophicstate boundariesfor suspendedchlorophyll
in temperate rivers and streams as calculated from the reference
nutrient concentrations from Smith et al. (2003) and regression
equationsbased on Van Nieuwenhuyseand Jones (1996) and Basu
and Pick (1996).

Table 5. Distribution of whole-stream metabolism rates from
nine small, relatively pristine streams (data from Mullhollandet al.
[2001]plus one point from Ball Creek,North Carolina[Mulholland
pers. comm.]). Respirationrates are corrected for groundwaterinput.
Metabolism(g 0 2 m22d 21)

Planktonicchlorophyll
(mg m23)

Nutrient
TotalN
Total P

Autotrophic
state
boundary
Lower one-third
Upper one-third
Lower one-third
Upper one-third

VanNieuNutrient wenhuyse
cone. and Jones Basu and
(mg m23) (1996) Pick (1996)
285
714
29
71

4.6
11.9

2.4
4.5
6.4
12.3

does not substantially in- uence rates of C input. I predict
by the riparian canopy that enters
that the amount of C <IDxed
the streams to fuel heterotrophic activity is approximately
equal to what would enter by autochthonous production in
a lighted stream without canopy cover.
Small streams in forested biomes are shaded, have substantial amounts of organic C input from nearby riparian
areas fueling heterotrophic activity, and have minimal autotrophic production ( except in deciduous seasonal forests in
which light can penetrate the canopy when leaves are not
present). Prairie, tundra, or desert streams have limited riparian canopy and substantial autotrophic production fueling
heterotrophic activity. An independent measure of total metabolic activity, N uptake rates, also varied little across the
range of biomes studied by Mulholland et al. (2001), supporting the concept of relatively constant heterotrophic activity in small pristine streams (Webster et al. 2003). Heterotrophic state might be more variable in rivers; canopy has
less of an in- uence, and turbidity could substantially interfere with riverine C production.
Although the approach taken here might provide useful in
setting boundaries for autotrophic and heterotrophic state,
more comprehensive measurements of stream metabolism
are required. Until such comprehensive measurements are
made, the values for boundaries presented here should be
used with caution. In addition, whole-river metabolism rates
are dimult to measure, and data are dimult to come by
for such rivers. Very few large rivers remain in temperate
regions that are relatively weakly in- uenced by humans, so
it might not be possible to set de'.!fuitive autotrophic and
heterotrophic state boundaries for larger lotic systems in
some regions.
Although determining trophic boundaries could be useful
in describing fundamental ecosystem processes, changes in
trophic state must be linked to other aspects of stream ecosystems for such boundaries to be relevant. Furthermore, it
is important to explore how stream eutrophication is propagated through the food web to in- uence biotic integrity and
community structure.

Effects of eutrophication
Producers D Stevenson and Pan ( 1999) reviewed the uses
of diatoms for assessing environmental conditions in rivers
Af'v1cr11

677

Distribution

Gross
primary
production

Respiration

Net primary
production

Upper one-third
Lower one-third
Minimum
Maximum

1.8
0.4
0.06
15

8.3
6.7
2.4
29

24.2
26.7
229
6.7

and streams. They traced the use of species compositions of
algae to infer amount of pollution to work by Kolkwitz and
Marsson in the early 1900s, with substantial contributions
by Ruth Patrick in the 1940s and 1950s (as cited by Stevenson and Pan 1999). Studies that use algal assemblages as
indicators of the extent of pollution rely on the concept that
predictable species shifts occur with set amounts of enrichment (e.g., Kelly 2002). Detailed work has been carried out
relating nutrients to diatom and other algal assemblages in
several places, mostly in temperate, developed countries.
The green alga Cladophora has often been associated with
eutrophication events (Hynes 1960) and is ubiquitous in nutrient-rich - owing waters (Dodds and Gudder 1992). Large
streamers of Cladophora develop under nutrient-rich conditions. These streamers potentially lead to low 0 2 events at
night, alter the community structure, snag ®sh lures, slow
water - ow in canals, and clog industrial and domestic water
intakes (Dodds and Gudder 1992).
One of the problems with predicting eutrophication effects
in streams is that variability caused by - ooding can in- uence
autotrophic state. At one extreme, algal biomass might not
accrue with ample light and nutrients if - oods always scour
biomass. On the other end of the spectrum, attached algael
jmight be able to attain impressive biomass in nutrient-poort
!water because periphyton can use the small amounts of nu-I
~rients that continuously - ow by. Biggs (2000) developed a
comprehensive model linking hydrologic regime and nutrients to accrual of algal biomass. This model was developed
with a database from New Zealand rivers and streams across
a wide range of land use practices and hydrologic patterns.
Regressions considering only dissolved inorganic nutrients
could predict algal biomass with r 2 values of approximately
30%. Consideration of the time of accrual (time since the
last scouring - ood) increased r 2 values to about 70%. The
work of Biggs (2000) supports the proposition that eutrophication effects will be stronger under stable - ow regimes.
The effects of eutrophication on macrophytes in - owing
waters have been poorly studied, and the effects of nutrient
reductions on macrophyte biomass are dimult to predict
(Chambers et al. 1999). Biomass of macrophytes declined in
the Bow River (Alberta) in response to nutrient control (particularly N) from municipal wastewater sources (Sosiak
2002). Sewage eC uent led to substantially greater macrophyte biomass in the Saskatchewan River (Saskatchewan),

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678

and this was correlated with somewhat decreased dissolved
0 2 concentration (Chambers and Prepas 1994).
In some rivers and streams with reduced water replacement times, phytoplankton blooms can become problematic,
with cyanobacterial blooms more likely in excess-nutrient
conditions (Smith 2003). Shorter water turnover time (hydraulic residence time) leads to a decreased amount of suspended chlorophyll per unit concentration of P (Suballe and
Kimmel 1987). Problems occur with phytoplankton blooms
in European and other rivers around the world (Wehr and
Descy 1998). In the Murray Darling river system in South
Australia , water withdrawals reduce - ow to a near standstill
in the river, and excess amounts of nutrients, strati<Etation,
and wann temperature stimulate algal blooms (Maier et al.
2001) . These blooms are commonly dominated by the hepatotoxic Microcystis. Other slow-- owing rivers in the world
suffer a similar fate, particularly those with limited quantities
of light-intercepting ®le sediments .
Microbial heterotrophs D Although enrichment experiments have documented that rates of microbial heterotrophic
processing of organic materials can be stimulated by nutrients (as previously discussed) , less is known about in- uences on the heterotrophic microbial community. If the primary
source of organic C to a stream or river is leaf material, N
and P need to be obtained from the water column, and nutrient enrichment will increase C utilization rates. One study
documented that nutrient enrichment causes shifts in fungal
taxa associated with decomposing leaf litter (Gulis and Suberkropp 2002). Presumably, some bacteria that decompose
organic matter are better competitors for organic nutrients
than others, leading to shifts in community structure in response to nutrient enrichment. Future studies are likely to
document this effect, given the recent expansion of molecular techniques. Clear increases in the rates of heterotrophic
microbial biogeochemical cycling (denitri:R'cation)related to
nutrient enrichment by agricultural practices have been demonstrated (Kemp and Dodds 2002) .
Food web effects U Effects of C and, particularly, N and
P loading on animals in streams are less clear. The effects
of C on the animal community are obvious, with greater
rates of organic C loading leading to dominance by pollution-tolerant invertebrates (such as Tubifex, Limnodrilus ,
Chironomus) , decreases in diversity , and increases in raw
abundance (Hynes 1960). With the advent of BOD treatment
in sewage and industrial eC uents in developed nations, less
attention has been paid to the effects of BOD loading.
Enrichment effects related to N and P are less well established . Macroinvertebrate assemblage structure has been correlated statistically with P concentration (Miltner and Rankin
1998) . Nutrient enrichment can cause increases in invertebrate abundance and alters assemblage structure (Bourassa
and Cattaneo 1998). The clearest study to date on the importance of sustained nutrient loading to the food web occurred on the Lawrence River downstream of Montreal ,
Quebec . This study used the distinctive isotopic signal of
15
N to establish that nutrients from the sewage outfall signi<Etantly enriched macroinvertebrates and production of
both macroinvertebrates and <Rshes(deBruyn et al. 2003).
f-\lVI

rr

The sewage was treated for BOD, but stimulated secondary
production over ®.refold in spite of the small amount of N
and P that entered the food web in the sewage plume 10 kn1
down from the sewage outfall.
Control of cultural eutrophication D Given the dt®.1ition
of the trophic state proposed, and the potential effects of
autotrophic and heterotrophic eutrophication, what considerations are important in controlling eutrophication? Mechanistic methods are only beginning to be established for linking in-stream nutrient concentrations to watershed activities .
Empirical methods have prevailed (e.g., Dodds et al. 1997)
until recently. Modeling efforts are beginning to rt®.le nutrient concentration and loading estimates for rivers, but
there still is some diJ@culty in linking models created for
small streams with larger river systems ( e.g., Alexander et
al. 2002). Ultimately, linking land use practices, including
both point and nonpoint sources of nutrients, to instream
nutrient concentrations will be necessary to control cultural
eutrophication that in- uences autotrophic state, and potentially in- uences heterotrophic state.
Nutrient control is, on one level, simple. Agricultural
practices, atmospheric loading, and human sewage outfall
increase inorganic and organic nutrients in rivers and
streams. Technology is available to decrease that input (but
nonpoint sources of nutrients such as atmospheric deposition
and runoff from cropland remain diJ@cult to control). Best
management practices of cropland include riparian buffer
strips, cropland terracing, and the use of only the necessary
amounts of fertilizer. EC uent from human sewage and livestock-handling facilities can be treated with existing tertiary
treatment methods (e.g., denitri<Ecation facilities , P precipitation) to reduce N and P loads to lotic waters. The effective
reduction of BOD into the waters of most developed countries exemplm:es the technical ability of water treatment engineers and managers to remove potentially harmful pollutants at acceptable costs. The challenge now is to determine
what lengths are necessary to control point and nonpoint
source pollution, and to what degree the benes:ts of nutrient
control justify the costs. Detem1ining the reference trophic
state provides a starting point for cost±:benes:tand feasibility
analyses of eutrophication control schemes.
Nutrient cycles do not occur in isolation, and colimitation
of algal and heterotrophic activity is commonly seen in bioassays (Tank and Dodds 2003). We are only beginning to
understand the implications of the effects of humans on the
stoichiometry of nutrient loading (Turner 2002). Stoichiometric changes could alter algal assemblages and relative
rates of material - ux (e.g., Woodruff et al. 1999). Changes
in stoichiometry could then cascade to higher trophic levels
(Frost et al. 2002).
Given the broad dt®.1ition of eutrophication presented
herein, organic C enrichment should be considered , as well
as anthropogenic processes causing shifts in the relative heterotrophic and autotrophic states. For example, increased
BOD from sewage has dt®.lite in- uences on stream heterotrophic state. In addition , shifts in riparian vegetation , such
as loss of riparian forests, might increase the autotrophic
state and decrease the heterotrophic state. In systems such
as tallgrass prairies, historically dominated by little riparian

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 Lotic eutrophication

vegetation, increases in riparian vegetation could alter the
fundamental ecosystem and community strncture (Dodds et
al. 2004). Finally, organic C enrichment might interact with
N and P enrichment. The highest rates of C consumption
and the greatest biomass of heterotrophic organisms are expected when loading ofN, P,and Care simultaneously high.
Water retention times might alter nutrient stoichiometry
and heterotrophic and autotrophic states by in- uencing deposition and nutrient processing rates. Small and large impoundments that were not historically present are now a
ubiquitous feature on many river networks. Such impoundments could also alter the balance between heterotrophic and
autotrophic states because many recalcitrant C-rich particulate organic materials can settle in the reservoir, and plankton with relatively low values of C:N and C:P could dominate reservoir tail waters (Whiles and Dodds 2002).
Humans will affect ever more river miles with hydrologic
modi®;ation, alter the inputs of organic C and its form to
lotic waters through alteration of riparian vegetation and input of BOD in sewage from humans and livestock. Increased
fertilizer to grow the crops necessary to feed an expanding
human population and increases in industrial livestock operations resulting in vast production of animal waste will
cause further eutrophication of already affected rivers and
streams. These effects will continue to spread into the few
relatively pristine watersheds that remain on earth, altering
water quality and in- uencing the biotic integrity of these
waters. Understanding the full implications of these effects
will require further knowledge of the native trophic state of
streams as a baseline. More complete comprehension of how
nutrient interactions in- uence trophic state, and determination of trophic states of medium to large rivers will improve
the scienti®; basis for managing eutrophication of lotic waters.
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SUNDARESHWAR,
P.V.,J. T.MORRIS, E. K. KOEPFLER,ANDB. FoRWALT. 2003. Phosphorus limitation of coastal ecosystem processes. Science 299: 563±565.
W.K. DODDS.2003. Nutrient limitation ofepilithic
TANK,J. L .4--ND
and epixylic bioIDlms in 10 North American streams. Freshw.
Biol. 48: 1031±1049.
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AND J. R. WEBSTER. 1998. Interaction of substrate and
nutrient availability on wood bioIDlm processes in streams.
Ecology 79: 2168±2179.
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AND M. J. WINTERBOURN.1996. Microbial activity and
invertebrate colonisation of wood in a New Zealand forest
stream. N. Z. J. Mar. Freshw. Res. 30: 271±280.
ANDA. F.CASPER.
THORP,J. H., M. D. DELONG,K. s. <iiEENWOOD,
1998. Isotopic analysis of three food web theories in constricted and - oodplain regions of large river. Oecologia 117: 551±
563.
TURNER,R. E. 2002. Element ratios and aquatic food webs. Estuaries 25: 694±703.
VAN NIEUWENHUYSE,
E. E., AND J. R. JONES. 1996. Phosphoruschlorophyll relationship in temperate streams and its variation
with stream catchment area. Can. J. Fish. Aquat. Sci. 53: 99±
105.
WEBSTER,J. R., AND OTHERS.2003. Factors affecting ammonium
uptake in streamsDan inter-biome perspective. Freshw. Biol.
48: 1329±1352.
WEHR, J. D., ANDJ.-P.DESCY. 1998. Use of phytoplankton in large
river management. J. Phycol. 34: 741±749.
WELCH,E. B., J. M. JACOBY'R. R. HORNER,ANDM. R. SEELEY.
1988. Nuisance biomass levels of periphytic algae in streams.
Hydrobiologia 157: 161±168.
WHILES,M. R., AND W. K. DODDS. 2002. Relationships between
stream size, suspended particles, and ®lter-feeding macroinvertebrates in a Great Plains drainage network. J. Environ.
Qual. 31: 1589±1600.
WINTERBOURN,
M. J. 1990. Interactions among nutrients, algae, and
invertebrates in a New Zealand mountain stream. Freshw. Biol.
23: 463±474.
WOODRUFF,S. L., W. A. HOUSE, M. E. CALLOW,AND B. S. C.
LEADBEATER.1999. The effects of a developing bioIDlm on
chemical changes across the sediment±water interface in a
freshwater environment. Int. Rev. Hydrobiol. 84: 509±532.

Received: 26 July 2004
Accepted: 4 November 2004
Amended: 19 November 2004

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001149
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1089-00010

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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The Honorable E. Scott Pruitt
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Subject: SAB Review of Lake Erie Nutrient Load Reduction Models and Targets
Dear Administrator Pruitt:
The enclosed report provides the SAB 's consensus advice and recommendations on the development of
nutrient-load reduction targets for Lake Erie. At the EPA's request, the SAB has reviewed the modeling
approach and results used to develop nutrient-load reduction targets for Lake Erie and provides advice
on an adaptive management approach to implementing nutrient reduction goals.
EPA Region 5 is co-leading a binational workgroup established under the Great Lakes Water Quality
Agreement to develop phosphorus load-reduction targets, strategies and action plans for Lake Erie. In
December 2014, the EPA received early advice from the SAB on a modeling approach to develop the
phosphorus-reduction targets. A binational workgroup of scientists (Modeling Subgroup) then used a
suite of models to generate a series of load-response curves to simulate the impact of phosphorus loads
on eutrophication indicators in Lake Erie. The load-response curves were used by the Great Lakes Water
Quality Agreement Annex 4 Objectives and Targets Task Team (Task Team) to identify phosphorus
reductions needed to meet indicator thresholds associated with desired ecological conditions. Two
documents were submitted to the SAB for review: (1) a report titled Annex 4 Ensemble Modeling Report
(May 2016 Peer Review Draft) and (2) a report titled Recommended Phosphorus Loading Targets for
Lake Erie, Annex 4 Objectives and Targets Task Team Final Report to the Nutrients Annex
Subcommittee (May 11, 2015).
The SAB was asked to respond to six charge questions that focused on: (1) the adequacy of the
evaluation of the models used to develop load-response curves; (2) whether the recommended
phosphorus load-reduction targets are based on the best available information; (3) whether scientifically
sound phosphorus load reductions can be developed to address growth of a nuisance alga, Cladophora;
(4) whether nitrogen control, in addition to phosphorus, is warranted in Lake Erie; (5) recommended
approaches to assess progress in reducing loadings of phosphorus; and (6) recommendations for an
adaptive management approach to implement nutrient reduction goals for Lake Erie.
The SAB commends the EPA for its efforts to determine whether the models used to simulate and
evaluate the impact of phosphorus loads to Lake Erie meet standards that provide confidence in the
accuracy and reliability ofresults. The models used for the simulations are limited by the data available
for calibration and validation, and this affects the ability to rigorously evaluate model quality. The
Modeling Subgroup applied and evaluated the suite of models independently, rather than as part of an
ensemble approach; some models were accepted for use despite deficiencies relative to model evaluation
criteria. The SAB's major comments and recommendations are as follows:

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001150
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The models evaluated and used by the Modeling Subgroup are not of equal reliability. Assessment
of the response to phosphorus loads could be improved by giving greater weight to the loadresponse curves generated by the models deemed most reliable. Given the limitations of some of the
models evaluated, and the practical limits of funding, the number of models considered should be
reduced. It might prove most efficient to choose a single model and to further develop that model
using the insights and demonstrated capabilities provided by the other models and the results of
ongoing process research and monitoring. Consideration should be given to making Western Lake
Erie Ecosystem Model the consensus model for this purpose, with a goal of extending this model to
all of Lake Erie.

•

The SAB finds that the 40% reduction in total phosphorus load to the Western and Central Basins
of Lake Erie recommended by the Task Team will improve Lake Erie water quality and reduce
harmful algal blooms. However, even with this reduction, blooms may still occur with some
frequency, perhaps even routinely, in Maumee Bay in the Western Basin of Lake Erie. Ultimately,
greater load reductions may be necessary to achieve the desired thresholds in the eutrophication response indicators. Uncertainties in predictions of hypoxia are considerably larger than
uncertainties associated with predictions of algal blooms. Continued lake and tributary monitoring
and research will be needed to support adaptive management and the models used to simulate load
reductions.

•

Scientifically sound phosphorus load reduction recommendations to reduce Cladophora growth in
the Eastern Basin of Lake Erie cannot be developed at this time. The SAB finds that there is
insufficient information available to understand and weigh the relative importance of environmental
factors that might have causal links to Cladophora growth. The Great Lakes Cladophora Model can
be used to evaluate Cladophora occurrence and provide initial predictions of Cladophora biomass.
However, knowledge gaps must be filled before phosphorus load-reduction recommendations to
reduce Cladophora growth can be developed with an adequate level of certainty and scientific
confidence.

•

While phosphorus has always been considered the limiting nutrient for Lake Erie and most other
lakes, there is increasing evidence of the possible need for nitrogen control as well. In order to
evaluate the importance of nitrogen control in Lake Erie, research should be conducted to answer a
number of key questions and understand important relationships. These issues are identified and
discussed in the enclosed report.

•

Tracking flow-weighted mean concentrations of phosphorus in Lake Erie tributaries, as
recommended by the Task Team, is a useful approach for measuring progress in load reduction.
This approach accounts for variability in hydrology. However, the SAB recommends that all
available monitoring data (discharge, flow, concentrations and loads) from significant tributaries
and multiple assessment approaches be reviewed and used to evaluate efforts to reduce nutrient
loadings. The SAB also recommends that the uncertainty in values derived using flow-weighted or
flow-adjusted assessment approaches be explicitly quantified and presented, and that detailed
information on the implementation of phosphorus reduction strategies be collected to help identify
the reasons for observed changes in phosphorus loads delivered to Lake Erie.

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001151
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1090-00002

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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The SAB strongly endorses development of an adaptive management program to implement and
evaluate nutrient reduction goals for Lake Erie and recommends that the EPA formally appoint a
standing committee to develop and coordinate the program. The adaptive management program
should include long-term monitoring and application of process-based eutrophication models to
make annual predictions of eutrophication response indicators. The program should assess
empirical data against model results and test alternative hypotheses and conceptual models to help
explain discrepancies and use new knowledge to adjust management operations. The results of
these assessments and hypothesis and model testing will also guide future monitoring and modeling
efforts. In the enclosed report the SAB suggests a number of important research, monitoring, and
modeling tasks to provide information needed for nutrient-load reduction and management of
harmful algal blooms and hypoxia.

The SAB appreciates the opportunity to provide the EPA with advice on this important subject. We look
forward to receiving the agency's response.

Sincerely,

Enclosure

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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This report has been written as part of the activities of the EPA Science Advisory Board (SAB ), a public
advisory group providing extramural scientific information and advice to the Administrator and other
officials of the Environmental Protection Agency. The SAB is structured to provide balanced, expert
assessment of scientific matters related to problems facing the Agency. This report has not been
reviewed for approval by the Agency and, hence, the contents of this report do not necessarily represent
the views and policies of the Environmental Protection Agency, nor of other agencies in the Executive
Branch of the Federal government, nor does mention of trade names of commercial products constitute a
recommendation for use. Reports of the SAB are posted on the EPA Web site at
http://www.epa.gov/sab.

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EPA-17-0193 and EPA-17-0194-A-001153
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1090-00004

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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U.S. Environmental Protection Agency
Science Advisory Board
Lake Erie Phosphorus Objectives Review Panel

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CHAIR
Dr. William H. Schlesinger, President Emeritus, Cary Institute of Ecosystem Studies, Millbrook, NY

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MEMBERS
Dr. Merryl Alber, Professor, Department of Marine Sciences, University of Georgia, Athens, GA
Dr. James Ammerman, Long Island Sound Study Science Coordinator, New England Interstate Water
Pollution Control Commission, Stamford, CT

Dr. Steven Bartell, Principal, Vice President, and Technical Director, Cardno ENTRIX, Greenback, TN
Dr. Hunter Carrick, Professor, Biology, Central Michigan University, Mount Pleasant, MI
Dr. Celia Chen, Research Professor, Department of Biological Sciences, Dartmouth College, Hanover,
NH

Dr. John P. Connolly, Principal, Anchor QEA, LLC, Woodcliff Lake, NJ
Dr. Richard Di Giulio, Professor, Nicholas School of the Environment, Duke University, Durham, NC

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Dr. Robert Diaz, Professor Emeritus, Department of Biological Sciences, Virginia Institute of Marine
Science, College of William and Mary, Gloucester Pt., VA

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Mr. Douglas Endicott, P.E., Great Lakes Environmental Center, Traverse City, MI
Mr. James J. Fitzpatrick, Project Principal Engineer, HDR Engineering, Mahwah, NJ
Dr. Robert T. Heath, Professor Emeritus, Department of Biological Sciences, Kent State University,
Kent, OH

Dr. Lucinda Johnson, Associate Director, Natural Resources Research Institute, University of
Minnesota Duluth, Duluth, MN
Dr. J. Val Klump, Professor and Dean, School of Freshwater Sciences, Great Lakes Water Institute,
University of Wisconsin-Milwaukee,

Milwaukee, WI

Dr. Thomas W. La Point, Professor Emeritus, Department of Biological Sciences, University of North
Texas, Denton, TX

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American Oversight v. EPA (18-cv-00364)

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Dr. Douglas McLaughlin, Principal Research Scientist, Northern Regional Center, National Council
for Air and Stream Improvement, Mattawan, MI

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Dr. Ramesh Reddy, Graduate Research Professor, Soil and Water Science, University of Florida,
Gainesville, FL

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Dr. Emma Rosi-Marshall, Senior Scientist, Cary Institute of Ecosystem Studies, Millbrook, NY

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Dr. Eric P. Smith, Professor, Department of Statistics, Virginia Tech, Blacksburg, VA
Dr. William Stubblefield, Senior Research Professor, Department of Molecular and Environmental
Toxicology, Oregon State University, Corvallis, OR

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Dr. Maurice Valett, Professor of Systems Ecology, Division of Biological Sciences, University of
Montana, Missoula, MT

SCIENCE ADVISORY BOARD STAFF
Dr. Thomas Armitage, Designated Federal Officer, U.S. Environmental Protection Agency,
Washington, DC

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001155
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1090-00006

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Science Advisory Board
CHAIR
Dr. Peter S. Thorne, Professor and Head, Department of Occupational & Environmental Health,
College of Public Health, University of Iowa, Iowa City, IA

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Dr. Joseph Arvai, Max McGraw Professor of Sustainable Enterprise and Director, Erb Institute, School
of Natural Resources & Environment, University of Michigan, Ann Arbor, MI
Dr. Deborah Hall Bennett, Professor and Interim Chief, Environmental and Occupational Health
Division, Department of Public Health Sciences, School of Medicine, University of California, Davis,
Davis, CA
Dr. Kiros T. Berhane, Professor, Preventive Medicine, Keck School of Medicine, University of
Southern California, Los Angeles, CA
Dr. Sylvie M. Brouder, Professor and Wickersham Chair of Excellence in Agricultural Research,
Department of Agronomy, Purdue University, West Lafayette, IN
Dr. Joel G. Burken, Curator's Professor and Chair, Civil, Architectural, and Environmental
Engineering, College of Engineering and Computing, Missouri University of Science and Technology,
Rolla, MO
Dr. Janice E. Chambers, William L. Giles Distinguished Professor and Director of the Center for
Environmental Health and Sciences, College of Veterinary Medicine, Mississippi State University,
Starksville, MS
Dr. Alison C. Cullen, Professor, Daniel J. Evans School of Public Policy and Governance, University
of Washington, Seattle, WA
Dr. Ana V. Diez Roux, Dean, School of Public Health, Drexel University, Philadelphia, PA
Dr. Otto C. Doering III, Professor, Department of Agricultural Economics, Purdue University, W.
Lafayette, IN
Dr. Michael Dourson, Director, Toxicology Excellence for Risk Assessment Center, and Professor of
Environmental Health, College of Medicine, University of Cincinnati, Cincinnati, OH
Dr. Joel J. Ducoste, Professor, Department of Civil, Construction, and Environmental Engineering,
College of Engineering, North Carolina State University, Raleigh, NC
Dr. Susan P. Felter, Research Fellow, Global Product Stewardship, Procter & Gamble, Mason, OH

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001156
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1090-00007

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Dr. R. William Field, Professor, Department of Occupational and Environmental Health, and
Department of Epidemiology, College of Public Health, University of Iowa, Iowa City, IA
Dr. H. Christopher Frey, Glenn E. Futrell Distinguished University Professor, Department of Civil,
Construction and Environmental Engineering, College of Engineering, North Carolina State University,
Raleigh, NC

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Dr. Joseph A. Gardella, SUNY Distinguished Professor and John and Frances Larkin Professor of
Chemistry, Department of Chemistry, College of Arts and Sciences, University at Buffalo, Buffalo, NY
Dr. Steven P. Hamburg, Chief Scientist, Environmental Defense Fund, Boston, MA
Dr. Cynthia M. Harris, Director and Professor, Institute of Public Health, Florida A&M University,
Tallahassee, FL
Dr. Robert J. Johnston, Director of the George Perkins Marsh Institute and Professor, Department of
Economics, Clark University, Worcester, MA
Dr. Kimberly L. Jones, Professor and Chair, Department of Civil and Environmental Engineering,
Howard University, Washington, DC
Dr. Catherine J. Karr, Associate Professor - Pediatrics and Environmental and Occupational Health
Sciences and Director - NW Pediatric Environmental Health Specialty Unit, University of Washington,
Seattle, WA
Dr. Madhu Khanna, ACES Distinguished Professor in Environmental Economics, Director of
Graduate Admissions, and Associate Director, Institute of Sustainability, Energy, and Environment,
Department of Agricultural and Consumer Economics, University of Illinois at Urbana-Champaign,
Urbana, IL
Dr. Francine Laden, Professor of Environmental Epidemiology, Harvard T.H. Chan School of Public
Health, Associate Professor of Medicine, Channing Division of Network Medicine, Brigham and
Women's Hospital and Harvard Medical School, Boston, MA
Dr. Robert E. Mace, Deputy Executive Administrator, Water Science & Conservation, Texas Water
Development Board, Austin, TX
Dr. Clyde F. Martin, Hom Professor of Mathematics, Emeritus, Department of Mathematics and
Statistics, Texas Tech University, Crofton, MD
Dr. Sue Marty, Senior Toxicology Leader, Toxicology & Environmental Research, The Dow Chemical
Company, Midland, MI
Dr. Denise Mauzerall, Professor, Woodrow Wilson School of Public and International Affairs, and
Department of Civil and Environmental Engineering, Princeton University, Princeton, NJ

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001157
ED_ 001686C _ OOOO
1090-00008

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Dr. Kristina D. Mena, Associate Professor, Epidemiology, Human Genetics, and Environmental
Sciences, School of Public Health, University of Texas Health Science Center at Houston, El Paso, TX
Dr. Surabi Menon, Director of Research, Climate Works Foundation, San Francisco, CA
Dr. Kari Nadeau, Naddisy Family Foundation Professor of Medicine, Director, FARE Center of
Excellence at Stanford University, and Sean N. Parker Center for Allergy and Asthma Research at
Stanford University School of Medicine, Stanford, CA

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Economics, College of the Environment and Life Sciences, University of Rhode Island, Kingston, RI
Dr. Thomas F. Parkerton, Senior Environmental Associate, Toxicology & Environmental Science
Division, ExxonMobil Biomedical Science, Houston, TX
Mr. Richard L. Poirot, Independent Consultant, Burlington, VT
Dr. Kenneth M. Portier, Vice President, Department of Statistics & Evaluation Center, American
Cancer Society, Atlanta, GA
Dr. Kenneth Ramos, Associate Vice President of Precision Health Sciences and Professor of Medicine,
Arizona Health Sciences Center, University of Arizona, Tucson, AZ
Dr. David B. Richardson, Associate Professor, Department of Epidemiology, School of Public Health,
University of North Carolina, Chapel Hill, NC

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Dr. Tara L. Sabo-Attwood, Associate Professor and Chair, Department of Environmental and Global
Health, College of Public Health and Health Professionals, University of Florida, Gainesville, FL

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Dr. William Schlesinger, President Emeritus, Cary Institute of Ecosystem Studies, Millbrook, NY
Dr. Gina Solomon, Deputy Secretary for Science and Health, Office of the Secretary, California
Environmental Protection Agency, Sacramento, CA
Dr. Daniel 0. Stram, Professor, Department of Preventive Medicine, Division of Biostatistics,
University of Southern California, Los Angeles, CA
Dr. Jay Turner, Associate Professor and Vice Dean for Education, Department of Energy,
Environmental and Chemical Engineering, School of Engineering & Applied Science, Washington
University, St. Louis, MO
Dr. Edwin van Wijngaarden, Associate Professor, Department of Public Health Sciences, School of
Medicine and Dentistry, University of Rochester, Rochester, NY
Dr. Jeanne M. VanBriesen, Duquesne Light Company Professor of Civil and Environmental
Engineering, and Director, Center for Water Quality in Urban Environmental Systems (Water-QUEST),
Department of Civil and Environmental Engineering, Carnegie Mellon University, Pittsburgh, PA
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EPA-17-0193 and EPA-17-0194-A-001158
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1090-00009

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Dr. Elke Weber, Gerhard R. Andlinger Professor in Energy and the Environment, Professor of
Psychology and Public Affairs, Woodrow Wilson School of Public and International Affairs, Princeton
University, Princeton, NJ
Dr. Charles Werth, Professor and Bettie Margaret Smith Chair in Environmental Health Engineering,
Department of Civil, Architectural and Environmental Engineering, Cockrell School of Engineering,
University of Texas at Austin, Austin, TX

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Dr. Peter J. Wilcoxen, Laura J. and L. Douglas Meredith Professor for Teaching Excellence, and
Director, Center for Environmental Policy and Administration, The Maxwell School, Syracuse
University, Syracuse, NY

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Dr. Robyn S. Wilson, Associate Professor, School of Environment and Natural Resources, Ohio State
University, Columbus, OH

SCIENCE ADVISORY BOARD STAFF
Mr. Thomas Carpenter, Designated Federal Officer, U.S. Environmental Protection Agency,
Washington, DC

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American Oversight v. EPA (18-cv-00364)

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Table of Contents

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ACRONYMS AND ABBREVIATIONS ............................................................................................... .ix

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1. EXECUTIVE SUMMARY .................................................................................................................

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2. INTRODUCTION ................................................................................................................................

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3. RESPONSES TO EPA'S CHARGE QUESTIONS .......................................................................... 7

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3.1. Approach for Developing Lake Erie Phosphorus Load Reduction Targets ................................ 7
3 .1.1. Evaluation of the Models to Inform Interpretation of Results ..................................................... 7
3.1.2. Phosphorus Loading Targets ......................................................................................................
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3.2. Cladophora Growth ........................................................................................................................ 17
3 .2.1. Development of Recommendations to Address Nuisance Levels of Cladophora Growth ....... 17

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3.3. Nitrogen Control .............................................................................................................................
3 .3 .1. Determining Whether Nitrogen Control is Warranted .............................................................

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3.4. Evaluation of Nutrient Reduction Targets ................................................................................... 24
3 .4 .1. Assessing Progress in Reducing Tributary Loadings of Phosphorus ........................................ 24
3.4.2. Adaptive Management Program ................................................................................................
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REFERENCES ........................................................................................................................................

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APPENDIX A: THE EPA'S CHARGE QUESTIONS ...................................................................... A-l

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Acronyms and Abbreviations
NH4+
ANAMMOX
BMP
CAEDYM
cm
DIN
DOC
DOP
DNRA
EcoLE
ELCOM
ELCM
ERI
FAC
FWMC
GLCM
GLWQA
HAB
MT
m
µg
mg/L
N
NO2NO3p
POC
ppb
P-Quota
SOD
SRP
TKN
TN
TP
TSS
USDA
WLEEM
WHO

Ammonium
Anaerobic Ammonium Oxidation
Best Management Practice
Computational Aquatic Ecosystem Dynamics Model
Centimeter
Dissolved Inorganic Nitrogen
Dissolved Organic Carbon
Dissolved Organic Phosphorus
Dissimilatory Nitrate Reduction to Ammonium
Ecological Model of Lake Erie
Estuary, Lake and Coastal Ocean Model
Estuary and Lake Computer Model
Eutrophication Response Indicator
Flow Adjusted Concentration
Flow Weighted Mean Concentration
Great Lakes Cladophora Model
Great Lakes Water Quality Agreement
Harmful Algal Bloom
Metric Ton
meter
Microgram
Milligrams Per Liter
Nitrogen
Nitrite
Nitrate
Phosphorus
Particulate Organic Carbon
Parts Per Billion
Cellular Phosphorus Concentration
Sediment Oxygen Demand
Soluble Reactive Phosphorus
Total Kjeldahl Nitrogen
Total Nitrogen
Total Phosphorus
Total Suspended Solids
U.S. Department of Agriculture
Western Lake Erie Ecosystem Model
World Health Organization

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001161
ED_ 001686C _ OOOO
1090-00012

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

1. EXECUTIVE SUMMARY

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EPA Region 5 is co-leading a binational workgroup to develop and implement the Nutrients Annex
("Annex 4") of the 2012 Great Lakes Water Quality Agreement (GLWQA). Under Annex 4 the U.S.
and Canada committed to address eutrophication issues in Lake Erie by first establishing phosphorus (P)
objectives, loading targets and allocations for nearshore and offshore waters and subsequently
developing P-reduction strategies and domestic action plans. In December 2014, the EPA received early
advice from the SAB on a modeling approach to develop P-reduction targets. A binational workgroup of
scientists (The Annex 4 Objectives and Targets Task Team Modeling Subgroup) then used a suite of
models to generate a series ofload-response curves to simulate the impact of P loads on cyanobacteria
biomass, hypoxia and nuisance Cladophora growth. These load-response curves were used by the Great
Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team (Task Team) to identify P
load reductions needed to produce desired ecological conditions for Lake Erie.
The EPA requested that the SAB review the modeling approach and results used to develop the P load
reduction targets for Lake Erie. The SAB was also asked to provide advice on how to periodically
evaluate the nutrient reduction targets. The EPA submitted two documents to the SAB for review: (1) a
report titled Annex 4 Ensemble Modeling Report (May 2016 Peer Review Draft) and (2) a report titled
Recommended Phosphorus Loading Targets for Lake Erie, Annex 4 Objectives and Targets Task Team
Final Report to the Nutrients Annex Subcommittee (May 11, 2015). The SAB was asked to respond to
six charge questions that focused on: ( 1) the adequacy of the evaluation of the models used to develop
load-response curves; (2) whether the recommended P load reduction targets are based on the best
available information on drivers of cyanobacteria growth and seasonal hypoxia in Lake Erie; (3) whether
scientifically-sound P load reductions can be developed to address the problem of Cladophora growth in
Lake Erie; (4) whether nitrogen (N) control, in addition to P, is warranted in Lake Erie to prevent
harmful algal blooms and manage hypoxia; (5) how to account for inter-annual variability in hydrology
when assessing progress in reducing loadings of P to Lake Erie; and (6) recommendations for an
adaptive management approach to implement nutrient reduction goals for Lake Erie. This executive
summary highlights the findings and recommendations of the SAB in response to the charge questions
provided in Appendix A.

Evaluation of the Models to Inform Interpretation of Results
The SAB was asked to comment on: ( 1) whether the evaluation of the models was adequate to inform
how model results should be interpreted, and (2) any additional analyses that may be needed to improve
future development and interpretation of the load-response curves for the eutrophication response
indicators. The Modeling Subgroup applied and evaluated the suite of models independently, rather than
as part of an ensemble approach; some models were accepted for use despite deficiencies relative to
model evaluation criteria. The SAB recognizes that the models are limited by the data available for
calibration and validation and this affects the ability to rigorously evaluate model quality. A better
understanding of the limitations of the data and the data requirements needed to produce higher certainty
in estimates should be sought. The model evaluations did not attempt to characterize the relative
strengths of each model or the consistency of descriptions of underlying key processes. Furthermore, all
of the load-response curves were treated as equally likely, despite differences in estimated load and
model uncertainty. The SAB finds that the models are not of equal reliability, and the assessment of
load-responses would have benefited by giving greater weight to response curves generated by the
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001162
ED_ 001686C _ OOOO
1090-00013

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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models that appear to be most reliable on the basis of the model evaluation. Although the model
evaluation included efforts to characterize uncertainty, the approaches used to quantify uncertainty
differed among the models. Therefore, assessed uncertainties cannot be compared across models and
uncertainties were not used to evaluate the likelihood that loading targets would achieve desired
threshold values of the selected ecosystem response.

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The number of models considered for use should be reduced. Priority should be given to the processbased models that have the capability to account for the response to load reductions, climate changes
and relevant ecological processes such as the internal storage and recycling of nutrients. Given practical
limits of funding and the limitations of some of the models evaluated, consideration should be given to
further developing one process-based model using the insights and demonstrated capabilities provided
by the other models; the Western Lake Erie Ecosystem Model (WLEEM) could be the consensus model
for this purpose.
The SAB also recommends that synoptic sampling of key variables be conducted on an ongoing basis to
support continued model evaluation and refinement for Lake Erie. It is important to monitor flow,
nutrient concentration and total suspended solids in the significant tributaries to Lake Erie at sufficient
frequencies to make accurate estimates ofloading. Estimates ofloading could be further improved by
linking land-use models with loading models. If multiple models are used to derive load-response
information, consideration should be given to combining model estimates using either likelihood based
methods or Bayesian model averaging to produce a weighted quantitative characterization of the loading
curve and associated uncertainty.

Phosphorus Loading Targets
In order to meet ecosystem objectives 1, the Great Lakes Water Quality Agreement Annex 4 Objectives
and Targets Task Team (Task Team) recommended a 40% reduction in the total P load to the Central
and Western Basins of Lake Erie. The SAB was asked to comment on whether the recommended
loading target reflects the best available information on the key drivers of cyanobacteria growth in the
Western Basin, and the potential link with seasonal hypoxia in the Central Basin. Based upon coupling
of the suite of models to the relatively long term observational record, the SAB finds a 40% reduction in
total P load will improve water quality and reduce the magnitude and extent of harmful algal blooms in
keeping with the stated goals in the Task Team report. In addition, the SAB recognizes that the focus of
abatement programs should be on reducing those nutrient components that readily support growth of
phytoplankton communities. This implies that a focus should be placed on reduction of soluble reactive
P (SRP), which is generally regarded as completely bioavailable, as well as those fractions of total P
(TP) that may be partially available to phytoplankton (e.g., certain particulate P and dissolved organic P
(DOP) fractions. However, even with this reduction, blooms may still occur with some frequency,
perhaps even routinely, in Maumee Bay in the Western Basin of Lake Erie. Ultimately, further load
reductions may be necessary to achieve the desired thresholds of the eutrophication response indicators.
Uncertainties in predictions of hypoxia are considerably larger than uncertainties associated with
predictions of algal blooms; the link between algal blooms and hypoxia in the Western Basin is not well
understood. A current weakness of the hypoxia evaluation is that multiple year runs of the process
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The desired thresholds identified for eutrophication response indicators in Lake Erie were: (1) Western Basin cyanobacteria
bloom biomass no less than that observed in 2004 or 2012, nine years out often, and/or reduced risk ofnearshore localized
blooms; and (2) Central Basin hypoxia August- September average hypolimnetic dissolved oxygen concentration of 2.0
mg/Lor more (Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015).

2

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001163
ED_ 001686C _ OOOO
1090-00014

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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models have not been conducted. Therefore, the development of a forwarded residual of P or organic
matter over time has not been simulated.
As previously indicated, continued lake and tributary monitoring will be needed to support further
development of the modeling and adaptive management programs. Additional information (e.g.,
resuspension fluxes and sediment-water interactions, changes in the response of algal species to P over
time, N limitation information) will be needed in order to incorporate currently missing components in
the models. These components include: temporal variability in hydrodynamics; factors affecting P
uptake by algae; the role of Nin mediating algal growth; controls of algal toxin production; internal P
loading; the role of dreissenid mussels; seasonality in the timing of nutrient loads; winter-spring diatom
blooms under ice; and the effects of climate change.

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Development of Recommendations to Address Nuisance Levels of Cladophora Growth

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The SAB was asked to comment on whether scientifically sound P-load reduction recommendations
could be developed to reduce nuisance Cladophora growth in the Eastern Basin of Lake Erie.
Cladophora is a green alga that grows attached to hard benthic substrates. The nuisance attribute of
Cladophora is that expansive growths of this alga can cover large nearshore regions leading to the
formation of "beach muck" and problems that arise from it. The SAB finds that recommendations to
reduce the P loadings to control Cladophora growth cannot be developed at this time. There is
insufficient information available to understand and weigh the relative importance of environmental
factors (including P inputs) that might cause Cladophora growth and senescence. There are limited
observations of the spatial extent of the Cladophora problem along the shore of the Eastern Basin of
Lake Erie. However, available information does point to a developing basin-wide problem of significant
magnitude that warrants immediate action.

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The Great Lakes Cladophora Model (GLCM) provides a first-order evaluation of Cladophora
occurrence and initial predictions regarding the reduction of Cladophora biomass. However, knowledge
gaps must be filled before P-load reduction recommendations to control Cladophora growth can be
developed with an adequate level of certainty and scientific confidence. These knowledge gaps include
the needs to: calibrate the GLCM for use in the Eastern Basin of Lake Erie, understand the importance
of P loads from different tributaries and the effect of local hydrodynamics on Cladophora growth,
understand processes that lead to sloughing of Cladophora and its decay to "beach muck," and include
the GLCM in a broader whole lake model to forecast the likelihood of Cladophora growth. The GLCM
would be more useful if it could be further developed to understand the growth of other nuisance benthic
algae (e.g., Chara, Lyngbya, and Spirogyra) that cause problems similar to those associated with
Cladophora. It is particularly important to link the data needs of the GLCM with the data collection
process. The EPA should evaluate what data are needed to reduce uncertainty in the model and better
predict algal growth and presence.

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Determination of Whether Nitrogen Control is Warranted
The SAB was asked to provide recommendations to help determine whether consideration ofN control,
in addition to P, is warranted to reduce eutrophication in Lake Erie. In particular, the SAB was asked to
identify questions, relationships, and research priorities related to N loading and cycling that must be
addressed. As further discussed in this report, there is increasing evidence that N control, as well as P
control, may be needed to reduce eutrophication in Lake Erie. The toxic cyanobacterium, Microcystis,
3

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001164
ED_ 001686C _ OOOO
1090-00015

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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the major concern in western Lake Erie, does not fix N and therefore requires a fixed N source.
Microcystis becomes more toxic when nitrate is abundant in lake water, but it can become N-limited in
western Lake Erie in late summer. Furthermore, the growth of nuisance benthic algae in the Lake is
fueled by loading of both N and P.
In order to evaluate the importance of N control in Lake Erie, future research should answer some key
questions and clarify important relationships. Key research questions include: (1) What are the total N
loadings entering Lake Erie over time and space (including all of the major species ofN)? (2) What is
the N budget for Lake Erie? (3) How much external N loading can be removed by internal processes like
denitrification, ammonia volatilization and burial, and transformed by dissimilatory nitrate reduction to
ammonium (DNRA)? 2 (4) What are the consequences of legacy N and Pin the sediments and the
differences in internal P and N cycling? (5) What are the downstream consequences of not following a
dual nutrient strategy? (6) What is the importance of concentrations and ratios ofN to other nutrients in
directing or controlling ecosystem functions? (7) What is the ratio ofN to P that would be best for
ecosystem functioning? (8) How reliable are current models for assessing the role of Nin Lake Erie
eutrophication and how can the models be improved to model the effects ofN? In addition, the SAB
recommends that best management practices (BMPs) be developed or applied to achieve N reduction in
Lake Erie, and "lessons-learned" case studies of nutrient reduction strategies for the Baltic Sea, Gulf of
Mexico, and other areas be applied to Lake Erie. Agricultural BMPs for P may help to control N but
may not be sufficient to attain the degree of N control that could be necessary.

Assessing Progress in Reducing Tributary Loadings of Phosphorus
The SAB was asked to comment on the use of flow-weighted mean concentrations (FWMC) and other
approaches that should be considered to account for inter-annual variability in hydrology when assessing
progress in reducing tributary loadings of P to Lake Erie. The FWMC is the preferred approach for
calculating average concentrations in tributaries with variable flows. To determine FWMC, the
concentration in each sample is weighted by both the accompanying time interval and the flow. The
Task Team has recommended using FWMCs of Pin Lake Erie tributaries as a benchmark to track
progress in load reduction. A flow-weighted mean concentration normalizes loadings with respect to
flow so that year-to-year progress in nutrient control is not confounded by variability in inter-annual
hydrology. This is a useful approach but the SAB recommends that all available monitoring data
(discharge, flow, concentrations and loads) from significant tributaries and multiple assessment
approaches (including FWMC and flow adjusted concentrations) be reviewed and used to evaluate
controls on nutrient loadings. FWMC analysis alone may mask elevated concentrations of nutrients that
can result in algal blooms. Nutrient concentration (affected by nutrient loading) controls organism
responses, and the effect of temporal variability in nutrient concentration is an important consideration
in the management of harmful algal blooms, particularly for organisms that have rapid life cycles and a
rapid response to shifts in nutrient concentrations. The SAB notes that flow adjusted concentrations
(relating nutrient concentration to discharge flow) have been used to remove seasonality from tributary
monitoring data and more clearly identify annual trends.
The SAB recommends that the uncertainty in values derived using flow-weighted or flow-adjusted
assessment approaches be explicitly quantified and presented, and that detailed information on the
implementation of P reduction strategies be collected. Without this information, it will not be possible to
2

DNRA is dissimilatory nitrate reduction to airunonium, N03- to NH4+. It is a transformation (not a removal) process

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001165
ED_ 001686C _ OOOO
1090-00016

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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identify the primary reasons for observed changes in P loads delivered to the Lake. If control of nutrients
other than P (e.g., N, silica, or other micronutrients) is considered, the SAB recommends that the same
assessment approaches be applied to tributary monitoring for those nutrients in order to evaluate efforts
to control sources of loadings.

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Adaptive Management Program

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The SAB was asked to comment on the key elements that should be included in an adaptive
management program to implement and evaluate nutrient reduction goals for Lake Erie. The SAB was
also asked to comment on the value of using existing eutrophication models to periodically evaluate P
loading targets and key response indicators. The SAB strongly endorses development of an adaptive
management program to implement and evaluate nutrient reduction goals for Lake Erie and recommends
that the EPA formally appoint a standing committee to develop and coordinate adaptive management.
The program should test alternative hypotheses and associated conceptual models that can be used to
adjust management operations and guide future monitoring and modeling. It is beyond the scope of this
report to develop a comprehensive list of alternative hypotheses for Lake Erie eutrophication. However,
the SAB suggests a number ofresearch, monitoring and modeling tasks that focus on nutrient-load
reduction, control of cyanobacteria and Cladophora blooms and evaluating processes that influence
hypolimnetic dissolved oxygen.
The adaptive management program should include long-term monitoring to assess whether loading and
eutrophication response targets are being met. Long-term monitoring should involve: assessing P and N
loading information and developing standardized protocols for loading estimates; maintaining and
expanding current tributary monitoring; considering the potential for monitoring additional
eutrophication response indicators; and collecting appropriate data to calibrate and validate models. The
adaptive management committee should be tasked with evaluating alternative management strategies for
Lake Erie eutrophication and evaluating future scenarios.
The SAB recommends that process-based eutrophication models be used as part of the adaptive
management process (as previously indicated, consideration should be given to developing one processbased model). These models can be used to make annual predictions of eutrophication response
indicators and to test alternative hypotheses. The SAB recommends that: the models be refined based on
changing loadings and other new data; future scenarios be evaluated to understand the effects of climate
variability, estimates of uncertainty be improved in the models; lake models be linked to upstream
source functions through watershed modeling; and that cases where models do not perform well be used
to develop alternative hypotheses.

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001166
ED_ 001686C _ OOOO
1090-00017

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

2. INTRODUCTION

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EPA Region 5 is co-leading a binational workgroup to develop and implement the Nutrients Annex
("Annex 4") of the 2012 Great Lakes Water Quality Agreement (GLWQA). Under Annex 4 the U.S.
and Canada committed to address eutrophication issues in Lake Erie by first establishing phosphorus (P)
objectives, loading targets and allocations for nearshore and offshore waters and subsequently
developing P reduction strategies and domestic action plans. In December 2014, the EPA received early
advice from the SAB on a modeling approach to develop P reduction targets (U.S. EPA Science
Advisory Board 2015). A binational workgroup of scientists (The Annex 4 Objectives and Targets Task
Team Modeling Subgroup) then used a suite of models to generate a series of load-response curves to
simulate the impact of P loads on cyanobacteria biomass, hypoxia and Cladophora growth. An ensemble
modeling approach was considered for this analysis but the load-response curves were generated by
nmning the models individually. These load-response curves were used by the Great Lakes Water
Quality Agreement Annex 4 Objectives and Targets Task Team (Task Team) to identify P reductions
needed to meet indicator thresholds that reflected desired ecological conditions for Lake Erie.

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The SAB provided early advice to the EPA on the proposed ensemble modeling approach for
developing P targets for Lake Erie (U.S. EPA Science Advisory Board 2015). The EPA then requested
that the SAB review the modeling results and process used to develop P load reduction targets for the
Lake. In addition, the EPA requested advice on an adaptive management approach to periodically
evaluate the nutrient reduction targets. The agency submitted two documents to the SAB for review: (1)
a report titled Annex 4 Ensemble Modeling Report (May 2016 Peer Review Draft), and (2) a report titled
Recommended Phosphorus Loading Targets for Lake Erie, Objectives and Targets Task Team Final
Report to the Nutrients Annex Subcommittee (May 11, 2015).

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The SAB was asked to respond to six charge questions that focused on: (1) the adequacy of the
evaluation of the models used to develop load-response curves; (2) whether the recommended P load
reduction targets are based on the best available information on drivers of cyanobacteria growth and
seasonal hypoxia in Lake Erie; (3) whether scientifically-sound P load reductions can be developed to
address the problem of Cladophora growth in Lake Erie; (4) whether nitrogen (N) control, in addition
to P, is warranted in Lake Erie to prevent harmful algal blooms and manage hypoxia; (5) approaches to
account for inter-annual variability in hydrology when assessing progress in reducing loadings of P to
Lake Erie; and (6) an adaptive management approach to implement nutrient reduction goals for Lake
Erie. In response to the EPA's request the SAB convened its Lake Erie Phosphorus Objectives Review
Panel to conduct the review. The Panel held a public meeting on June 21-22, 2016 and teleconference
meetings on October 12 and 13, 2016 to deliberate on responses to the charge questions and develop a
consensus report of its findings and recommendations. The Panel's draft report was reviewed and
discussed by the chartered SAB at a teleconference on <<insert date>>. This SAB report provides the
findings and recommendations of the SAB in response to the EPA charge questions (Appendix A). Key
recommendations are highlighted at the end of each section of the report. The key recommendations are
grouped to provide a relative indication of whether it may be most appropriate to implement them in the
short, intermediate, or long term. This listing is intended to offer suggestions that may be helpful to the
EPA in deciding how and when to allocate resources to support this work.

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001167
ED_ 001686C _ OOOO
1090-00018

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

3. RESPONSES TO EPA'S CHARGE QUESTIONS

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3.1. Approach for Developing Lake Erie Phosphorus Load Reduction Targets
The Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team Modeling
Subgroup (Modeling Subgroup) evaluated nine models to predict the response of selected eutrophication
response indicators (ERis) to different P load scenarios. Four response indicators were considered and
evaluated: (1) overall phytoplankton biomass, as represented by chlorophyll a; (2) cyanobacteria blooms
in the Western Basin; (3) hypoxia in the hypolimnion in the Central Basin; and (4) Cladophora in the
nearshore areas of the Eastern Basin.
The document, Ensemble Modeling Report (May 2016 Peer Review Draft) (Great Lakes Water Quality
Agreement Annex 4 Objectives and Targets Task Team Modeling Subgroup 2016) describes evaluation
of the models and development of load-response curves for the selected ecosystem response indicators
(ERis) for Lake Erie. These load-response curves were used to develop P reduction targets to meet
thresholds of desired ecological conditions for Lake Erie (Great Lakes Water Quality Agreement Annex
4 Objectives and Targets Task Team 2015). The SAB was asked to comment on: whether the evaluation
of the models by the Modeling Subgroup was adequate to inform interpretation of model results;
whether additional analyses were needed to improve development and interpretation of load-response
curves; whether the recommended targets reflect the best information on the drivers of cyanobacteria
growth and seasonal hypoxia; and whether the recommended targets are appropriate to meet the nutrient
objectives defined in the Great Lakes Water Quality Agreement.

3.1.1. Evaluation of the Models to Inform Interpretation of Results
Charge Question 1. Please comment on whether the evaluation of the models was adequate to
inform how model results should be interpreted, given differences in model complexity and scale.
Please identify any additional analyses that may be needed to improve future development and
interpretation of the load-response curves for the eutrophication response indicators.
The SAB broke the response to this charge question into two sub-questions:
1. Was the evaluation of the models adequate to inform how the model results should be
interpreted?
2. What additional analyses may be needed to improve future development and interpretation of the
load-response curves?

Model Evaluations
The original approach for developing Lake Erie P load reduction targets, as described by the EPA in a
2014 consultation with the SAB (U.S. EPA Science Advisory Board 2015), was to estimate loadresponse curves from multiple models and combine these into a single model or ensemble estimate.
However, the models were applied and evaluated independently and were not used to develop an
ensemble estimate. The independent model evaluations were intended to ensure that the results of each
model met standards that would provide confidence that the model-generated load-response curves
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001168
ED_ 001686C _ OOOO
1090-00019

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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could be regarded as reasonably accurate and reliable. While adequate in concept, the criteria 1 used for
the model evaluations were only loosely applied and models were accepted despite deficiencies relative
to the criteria. For example, the Estuary, Lake and Coastal Ocean Model (ELCOM) was accepted and
used to develop a load-response curve for Lake Erie Central Basin hypoxia despite having not been
calibrated to Central Basin dissolved oxygen. A sensitivity analysis was not performed for the ELCOM.
The Modeling Subgroup's use of a common set of metrics to evaluate model fit is admirable; however,
these metrics were not uniformly applied across the suite of models. In addition, if prediction is a goal of
management, the evaluation should have included a predictive measure of fit. The standard measures of
goodness of model fit are not predictive, 2 and Modeling Subgroup assessments of the quality of the fit
may be optimistic for purposes of nutrient management.

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The model evaluations had other limitations: these evaluations did not characterize the relative strengths
of each model or the consistency of descriptions of underlying key processes; and the suite of loadresponse curves were treated as equally likely, despite significant differences in estimated load and
uncertainty. The SAB finds that the assessed models are not of equal reliability and that the assessment
of load-responses would have benefited by giving greater weight to response curves generated by the
models deemed most reliable.
The overall model evaluation included efforts to characterize model uncertainty. The approaches used to
quantify model uncertainty differed among the models and, as a result, the assessed uncertainties cannot
be readily compared across models. Perhaps most importantly, the model uncertainties were not used to
evaluate the likelihood that the chosen loading targets would achieve the desired thresholds of
ecosystem response. While it is clear that meeting the loading targets would lead to improved values of
the selected ecosystem response indicators, other important outcomes are less clear. These include the
likelihood that the desired threshold levels would be achieved; how long it would take for improvements
to occur after the loading is reduced; and the effect of variations in hydro-meteorological forcing and
timing of loading on responses to load reduction.

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Improving Future Development of the Load-Response Curves

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Given the limitations of a number of the models used in the analysis and the practical limits of funding,
the SAB recommends reducing the number of models considered. Priority should be given to the
process-based models that can account for the response of key environmental processes to changes
driven by load reductions, climate changes and internal storage and recycling of nutrients. This
recommendation comes with the recognition that such models should have process descriptions
consistent with current technical ability to measure and model those processes. That is, the models
should not have process resolution that cannot be parameterized based on measurements. It might prove
most efficient to choose a single model and to further develop that model using the insights and
demonstrated capabilities provided by the other models and the results of ongoing process research and

1

The Task Team Modeling Subgroup applied the following criteria to evaluate the models: 1) ability to develop load
response curves or provide other output for quantitative understanding of relevant questions; 2) applicability to objectives and
metrics of interest; 3) extent and quality of calibration and confirmation; 4) extent of model documentation; and 5) level of
uncertainty analysis available.
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Goodness of fit is a measure of how well the model fits the data already used to estimate its parameters; predictive fit is a
measure of the model's accuracy in predicting future data.

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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monitoring. Consideration should be given to making Wes tern Lake Erie Ecosystem Model (WLEEM)
the consensus model for this purpose, with a goal of extending this model to all of Lake Erie.
Analyses of the ability of the chosen model( s) to predict responses to changing conditions should be
conducted on an ongoing basis. Research and model development work should be funded to improve
model accuracy and reliability within the overall nutrient-loadings management and decision-making
framework. This continued model evaluation and refinement would facilitate making the mode 1 or
models useful operational tools as part of an ongoing adaptive management process.

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The models are limited by the data available for calibration and validation, which affect the ability to
rigorously evaluate model quality. The EPA should seek a better understanding of the limitations of the
data and the data requirements needed to produce higher certainty in estimates. Additional in-lake
synoptic sampling of key variables such as vertically averaged cyanobacteria abundance, water column
and surface sediment nutrients (e.g., N and P), total suspended solids (TSS), and dreissenid mussel
biomass) should be conducted on an ongoing basis to support model evaluations and refinements.
Measurements of flow, TSS and nutrient concentrations in all the significant tributaries to Lake Erie
should be made at sufficient frequency each year to make accurate estimates of loading, particularly
during the March to July period. While there is adequate information available on historical loading
from major tributaries (e.g., the Detroit River and the Maumee River), there is inadequate information
available on small 3 tributaries. It would be useful to develop a model of nutrient and TSS loading that
includes inputs from small tributaries. This would most likely be a hierarchical or Bayesian hierarchical
model that accounts for multiple factors. Additional monitoring might be required for adequate
estimation of model parameters and subsequent estimates of nutrient loadings from the small tributaries.
It seems worthwhile to improve the estimates of loading by linking land use models with loading models
to achieve a realistic picture of the landscape-level interactions that are likely to produce in-lake changes
(e.g., algal blooms, hypoxia, and Cladophora growth). Correspondingly, there might be an opportunity
to collaborate with farmers who are practicing precision agriculture in the Lake Erie watershed to better
estimate optimal fertilizer application rates as a way to reduce nutrient loading. The EPA should seek
opportunities to collaborate with the U.S. Department of Agriculture (USDA) to increase local farmers'
use of agricultural technologies aimed at more efficient use of fertilizers and reducing nutrient loadings
to Lake Erie.

If multiple models are retained for use in the analysis, model estimates should be combined using either
likelihood-based methods or Bayesian model averaging to produce a combined model-weighted
quantitative characterization of the loading curve and associated uncertainty.

3
For the time period 2011-2013, flows from the Detroit River contributed 94% of the flow into the Western Basin of Lake
Erie and flows from the Maumee River contributed 4% of the flow into the Western Basin (Great Lakes Water Quality
Agreement Annex 4 Objectives and Targets Task Team 2015). Small tributaries do not contribute significantly to the total
discharge but they may have high concentrations of phosphorus. Maccoux et al. (2016) have estimated phosphorus loading
for Lake Erie tributaries.

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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Key Recommendations
Short Term:
•

Because the models used in the analysis are not of equal reliability, the SAB recommends that the
assessment of load-responses be improved by giving greater weight to response curves generated by
the models deemed most reliable.

•

Given the limitations of some models used in the analysis and the practical limits of funding, the
number of models considered should be reduced and priority should be given to the process-based
models that have the capability to account for the response of key processes. It might prove most
efficient to choose a single model and to further develop that model using the insights and
demonstrated capabilities provided by the other models and the results of ongoing process research
and monitoring. Consideration should be given to making the Wes tern Lake Erie Ecosystem Model
(WLEEM) the consensus model for this purpose, with a goal of extending this model to all of Lake
Erie.

•

Research and model development work should be funded to improve model accuracy and reliability
within the overall nutrient loadings management and decision-making framework.

•

The EPA should investigate when and where data collection is needed to best inform the models and
reduce model and estimation uncertainty. Additional in-lake synoptic sampling of key variables such
as vertically averaged cyanobacteria abundance, water column and surface sediment nutrients (e.g.,
N, P), TSS and dreissenid mussel biomass should be conducted on an ongoing basis to support
model evaluations and refinements.

•

Measurements of flow, TSS and nutrient concentrations in all the significant tributaries to Lake Erie
should be made at sufficient frequency each year to determine accurate estimates of loading,
particularly during the March to July period.

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Estimates of loading should be improved by linking land use models with loading models.

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Intermediate Term:
•

Analyses of the ability of the chosen model(s) to predict responses to changing conditions should be
conducted on an ongoing basis.

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If multiple models are retained for use in the analysis, model estimates should be combined using
either likelihood based methods or Bayesian model averaging to produce a combined-model
weighted quantitative characterization of the loading curve and associated uncertainty.

Long Term:
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A model of nutrient and TSS loading that includes inputs from small tributaries should be developed.

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EPA-17-0193 and EPA-17-0194-A-001171
ED_ 001686C _ OOOO
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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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3.1.2. Phosphorus Loading Targets
Charge Question 2. Please comment on whether the recommended targets reflect the best
available information on the drivers of cyanobacteria growth and seasonal hypoxia in Lake Erie
and are appropriate to meet the nutrient Lake Ecosystem Objectives defined in the GLWQA (as
reflected in Table 1 on page 7 of the document titled Recommended Phosphorus Loading Targets
for Lake Erie).
The Annex 4 Objectives and Targets Task Team (Task Team) recommended a target of 40% reduction
in the total P (TP) load to the Central and Western Basins of Lake Erie ( Great Lakes Water Quality
Agreement Annex 4 Objectives and Targets Task Team 2015). This is based upon the results from the
suite of models that compute load-response relationships between metrics of eutrophication response
indicators, namely harmful algal blooms (HABs) and hypoxia, and loads leading to values for those
metrics. The principal issues considered by the SAB were: (1) whether this target of a 40% reduction
(from a 2008 baseline which is essentially equivalent to the current target load of 11,000 MT) is based
on and results from a rigorous analysis and modeling framework (reflecting the drivers of cyanobacterial
growth and seasonal hypoxia), and (2) whether such a reduction will meet the Lake Erie Ecosystem
objectives 4 .
In general, the SAB finds that, while the models used in the analysis vary in complexity and assessment
of uncertainty, and not all incorporate the same level of process dynamics, their congruence provides
sufficient confidence in the stated recommended target P load. A 40% reduction represents a major and
substantial decrease in P inputs, but is in keeping with reductions deemed necessary in other aquatic
environments suffering similar ecosystem impairments (e.g., Chesapeake Bay, Tampa Bay, and the Gulf
of Mexico); therefore, by comparison, the recommended magnitude of the load reduction target does not
seem unreasonable. However, it should also be recognized that the P load-response curves were
generated from models that have been developed over the past 40 years. There are compelling reasons to
believe that the lake ecosystem has changed since 1995 and these models may no longer provide reliable
responses to P load reductions. In general, the models disregard the potential role of "legacy P" in
sediments and the role of other elements ( e.g., N and Si) in controlling blooms of phytoplankton
populations, which may compromise the rate and extent ofERI responses to external P load reductions.

Drivers ofCyanobacteria Growth and Seasonal Hypoxia
The principal driver for the models used in the analysis and their results is stimulation of primary
production by P loading which leads to excessive algal growth, harmful algal blooms and the production
of cyanobacterial toxins, principally microcystin- for which the World Health Organization (WHO)
drinking water limit is 1 part per billion (ppb) free plus cell bound (WHO 2003). Concentrations of
microcystin have exceeded 1,200 ppb in the Western Basin of Lake Erie. While the target load
reductions appear adequate to reduce cyanobacterial blooms, they do not ensure that toxin levels will be
reduced to levels that no longer pose health threats. The controls on toxin production are not well
understood and represent an important research need.
4
The desired thresholds identified for eutrophication response indicators in Lake Erie were: (1) Western Basin cyanobacteria
bloom biomass no less than that observed in 2004 or 2012, nine years out often, and/or reduced risk ofnearshore localized
blooms; and (2) Central Basin hypoxia August-September average hypolimnetic dissolved oxygen concentration of 2.0 mg/L
or more (Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015).

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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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A secondary effect of excessive algal growth is the rapid deposition of algal-derived, labile detrital
organic matter that enhances consumption of dissolved oxygen leading to the formation of extensive
zones of hypoxic hypolimnetic waters in the Central Basin of the Lake during thermally stratified
summertime conditions.

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The relationships developed between P loads and ERis are inherently approximate, variable and
relatively uncertain. This is in part due to the relative simplicity of the models in attempting to reproduce
a very complex ecosystem having a very large degree of natural biological and hydrodynamic
variability. Clearly not all processes are modeled, and the process modeling is not always conducted at a
level of temporal and spatial resolution that would resolve all the active dynamics. As further discussed
below, some processes and dynamics are missing. However, the basic relationship between P loading
and algal production, though highly variable and likely influenced by other biogeochemical processes, is
deemed central and definitive for Lake Erie. Most telling in this regard is the simple observation of a
direct relationship between extent of cyanobacterial blooms and the spring P loading to the Western
Basin (see Stumpf et al. 2012; Great Lakes Water Quality Agreement Annex 4 Objectives and Targets
Task Team 2015). A notable example is the dramatic difference between the 2011 and 2012 blooms.
The 2011 bloom was the largest on record until 2015. In 2012, the spring P load was approximately one
sixth of the 2011 P load, and the corresponding 2012 bloom was only about 10% of the 2011
observation. The Lake Erie system clearly appears to respond to changes in P loading with a strong
correlation generally captured by the models. It must be recognized that other biogeochemical processes,
including N and silica cycling, are important. However, the SAB finds that setting P loading as the
initial driver in the Lake Erie system is appropriate and is consistent with the evidence.
The SAB recognizes that the focus of abatement programs should be on reducing those components that
readily support growth of phytoplankton communities. This implies that a focus should be placed on
reduction of soluble reactive P (SRP) that is generally regarded as completely available, as well as those
fractions of total P (TP) that may be partially available to phytoplankton (e.g., certain particulate P and
dissolved organic P [DOP] fractions). For example, in the Maumee River on average in 2002-2013 only
about 45% of the TP load was actually bioavailable, and although SRP makes up only 21 % of the
average TP load, SRP makes up about 46% of the average bioavailable load. 5 The mineralization of
organic phosphorus to orthophosphate is a pathway to bioavailability for part of the nonreactive
phosphorus component of total dissolved phosphorus. However, Baker et al. (2014a) found that in the
Maumee River at Waterville, Ohio, the conversion of dissolved organic phosphorus to orthophosphate
added little to the bioavailable P loads entering the Lake. Gradient driven desorption of orthophosphate
from particulate phosphorus provides a pathway to bioavailability for particulate phosphorus. However,
the portion of the particulate phosphorus that is chemically or physically bioavailable may not support
algal growth if that sediment is deposited or buried prior to orthophosphate release to the water column.
A study of storm water movement through the lower Maumee River and Maumee Bay showed
substantial deposition of sediment between the Waterville, Ohio sampling station and Maumee Bay
(Baker et al, 2014b ). These observations of sediment deposition underscore the relative importance of
SRP loading as a driver of cyanobacterial blooms. Moreover, a recent study indicates that changes in
agricultural practices, including some conservation practices designed to reduce erosion and particulate

5

Comments to the Science Advisory Board from Dr. David. Baker, October 24. 2016, available at:
https:/ /yosemite.epa.gov /sab/sabproduct.nsf/ AF08F l 4F263 l 43 7D8525805 7007 053C8/$File/Comments+from+David+Baker,
+Heidelberg+University.pdf

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EPA-17-0193 and EPA-17-0194-A-001173
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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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P transport, may have had unintended, cumulative, and converging impacts contributing to increased
SRP loads to Lake Erie during the past 20 years (Jarvie et al. 2017).
The SAB notes that some of the process models do include other nutrients (N and silica) and other algal
speciation and as such do not totally rely on P loading to drive the system. In fact, nitrate concentrations
in the Maumee River have actually been decreasing and the relationship between P and N is not one of
simple stoichiometry. As discussed in Section 3.3.1 of this report, taking a dual nutrient management
approach in Lake Erie clearly warrants investigation, and is currently limited by a lack of data, primarily
on N cycling. The algal community in Lake Erie should be characterized to better understand the
relative contribution ofN-fixers versus non-fixers. The role of both N-fixation and denitrification in N
cycling and N budgets in the system should also be assessed. This will provide information about the
importance ofN limitation and the potential impact ofN reduction strategies (i.e., if N is low, it might
stimulate N-fixing species).
The forms of P coming off the landscape are also critical to changes within the Lake Erie system . While
TP load has not changed significantly (i.e., there has been no long term trend up or down, even though
year to year variation has been high), the fraction of this TP that is "bioavailable" has increased
significantly in the last 20 years. This appears to be one of the drivers of cyanobacterial growth,
although it should be noted that "turning off' SRP in the models does not reduce cyanobacteria growth
enough to reach the maximum allowable cyanobacterial mass in established objectives (i.e., particulate P
also plays a role in cyanobacterial growth).
The timing of nutrient inputs is also important to cyanobacterial blooms. It would be useful to evaluate
whether there has been an increase in frequency and magnitude of blooms in response to nutrient inputs
over time and to recognize how the critical spring period may change or shift in the future.
Uncertainties in predictions of hypoxia are considerably larger than uncertainties associated with
predictions of algal blooms. This is due to the fact that the extent and dynamics of hypoxia are
confounded by many factors including physical processes, as well as biological processes such as the
extent of the winter bloom. Furthermore, whereas the connection between P loads and algal production
is relatively direct, the connection between P loading and Central Basin hypoxia is not. Hypoxia is
propagated through several functions from P loading to algal production, to rapid deposition of algal
detritus, to benthic metabolism and respiration, to oxygen depletion and hypoxia and the potential flux
of SRP and dissolved inorganic N (DIN) from the sediment bed during hypoxic events. These functions,
in tum, are heavily modified by thermal stratification driven by both short term physical mixing and
long term regional climate change. Hence, the lack of a direct relationship between P loading and
hypoxia is to be expected, since (in the words of Professor Clifford Mortimer of the Center for Great
Lakes Studies at the University of Wisconsin-Milwaukee) "many other spoons stir the pot." These
processes may influence whether hypoxia targets (see footnote 3 of this report) are achievable, and
certainly impact the ability of the models to capture the dynamics of hypoxia and predict a robust
relationship between P loading and oxygen depletion in the Central Basin. Better parameterization of
benthic metabolism and sediment oxygen demand is necessary as well, through inclusion of explicit submodels of sediment diagenesis.
One current weakness of the evaluation of the hypoxia simulation models derives from the fact that
these process models, which can be run for multiple years, have only been run as one year simulations
using the same initial boundary or starting conditions in each case. This means that the development or
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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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accumulation of a forwarded residual of "legacy" P or organic matter over time is not currently
simulated. This accumulating residual, which would affect the response time of the system to a
reduction in loading, is present in both the Western and Central Basins of Lake Erie (Carrick et al.
2005). This response time is probably related to the residence time of metabolizable material and the
build-up of reduced chemical species in the sediments that may prolong hypoxia. In some systems this
has resulted in a lag in response to loading reductions on the order of years (Jeppesen et al. 2005;
Matzinger et al. 2010).

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The rationale for an August-September hypolimnetic oxygen tolerance of 2 mg/L, as opposed to a more
stringent 4 mg/L which would require a greater P load reduction, is described in the document
Recommended Phosphorus Loading Targets for Lake Erie (Great Lakes Water Quality Agreement
Annex 4 Objectives and Targets Task Team 2015). Given the uncertainties in the hypoxia simulations,
the SAB finds that 2 mg/L is a reasonable initial target. It should be noted, however, that even with a
40% reduction in P loading, the dissolved oxygen water quality standard of 5 mg/L will, almost
certainly, not be met in Central Basin bottom waters and the predicted hypoxic area will range from
approximately 2,000 to nearly 6,000 km 2 for periods in excess of a month. The WLEEM is a processbased model that can provide information on the relationship between loadings of water, sediments, and
nutrients and the responses of algal biomass and turbidity/sedimentation. The SAB recommends that the
WLEEM be deployed for the whole lake in order to provide information to better understand how load
reductions impact hypoxia development.
Missing Components of the Models

The Modeling Subgroup acknowledged that some of the simulation models used to develop loadresponse curves had missing components (Great Lakes Water Quality Agreement Annex 4 Objectives
and Targets Task Team Modeling Subgroup 2016). Undoubtedly missing components reflect a variety
of processes that are absent or minimally incorporated into the models, although some models are
capable of including these processes in future renditions. Such missing components include:
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Temporal variability in the underlying hydrodynamics (e.g., strength and propagation of the Detroit
River plume in controlling the water residence time and flushing of the western basin);
Variations and the vagaries of weather for which the models have no simple means of inclusion;
The role ofN limitation, denitrification and N fixation;
The controls of algal toxin production (not all Microcystis produces toxin, and there is some
indication that N may play a role);
The internal P loading and resuspension and sediment-water interactions in general- although the
WLEEM does include a diagenetic sub-model based on a 10-cm thick sediment mixed layer (The
SAB finds that a 10-cm thick sediment mixed layer may be too deep; approximately 5 cm would
seem to be more appropriate and in agreement with radionuclide chronologies) (Klump et al.
unpublished data 2006 6 ; Robbins et al. 1977).
Role of dreissenid mussels, the populations of which are likely not in steady state;
Changes in seasonality (e.g., the timing and the biogeochemical composition of Pin load delivery
and how that is tied to activities in the watershed such as fertilizer application and tillage;

Klump, J.V. Great Lakes Water Institute, University of Wisconsin-Milwaukee, Milwaukee, WI.

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EPA-17-0193 and EPA-17-0194-A-001175
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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Changes in the P-uptake response of cyanobacteria and other algal species to TP and other forms of
P (e.g., bioavailable forms) over time (there is clear evidence that the system continues to shift and
that recent blooms are fundamentally different from those experienced in the 1970s ); and
Incorporation of winter-spring diatom blooms under the ice.

All of these issues were discussed to varying degrees by the experts who attended the SAB Lake Erie
Phosphorns Objectives Review Panel meeting on June 21-22, 2016. Model predictions could be
improved by undertaking work to incorporate these missing components. In particular, the SAB notes
the importance of extending mechanistic models to include sediment diagenesis and nutrient flux (and
refine the depths of the active layer) and incorporating the influence of winter blooms into the models.
Consideration should also be given to embedding a Cladophora model within the whole lake WLEEM
(the SAB's findings and recommendations concerning Cladophora growth are discussed in the response
to Charge Question 3).

Importance of Climate Change
It has also been well recognized that, because of climate change, management practices put in place
today may not result in the same ecosystem outcomes in the future (Great Lakes Water Quality
Agreement Annex 4 Objectives and Targets Task Team 2015; Great Lakes Water Quality Agreement
Annex 4 Objectives and Targets Task Team Modeling Subgroup 2016). The Task Team has indicated
that achieving flow weighted mean concentration (FWMC) objectives for TP and SRP is expected to
result in P loads below targets 90% of the time (i.e., 9 out of 10 years) "if precipitation patterns do not
change" (Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015). The
Lake Erie region is projected to be both warmer and wetter in the future. As outlined by Bosch et al.
(2014), projections of climate change scenarios include:

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Increased precipitation (-10-20% );
Increases in the frequency of intense precipitation events (important in a system that is event driven,
where perhaps 70% or more of the loading from the watershed occurs over 10-15 days of the year,
and where high precipitation after fertilizer application is likely to be important);
Expanded summertime conditions and a longer growing season;
Prolonged thermal stratification and hypolimnetic sequestration;
Changes in regional climatology and wind fields;
Changing lake levels, which in Lake Erie have the potential to significantly change the thickness of
the hypolimnion and its oxygen carrying capacity;
Changes in ice cover - including extent, duration and timing; and
Watershed changes (e.g., increases in crop production due to variables such as increased
precipitation and atmospheric CO2; increases in evapotranspiration rates, which in some systems
actually is projected to decrease rnnoff; and changes in soil microbial activity).

The SAB notes that some of the models used by the Task Team to predict the response of selected
eutrophication response indicators to P loading (e.g., WLEEM) are capable of incorporating elements of
climate change scenarios.

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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Effects of Phosphorus Load Reductions on Fish Production
Experts who attended the SAB Lake Erie Phosphorus Objectives Review Panel meeting on June 21-22,
2016 noted the concern of some resource managers that P load reductions could have a detrimental
effect on fish production. To the contrary, reductions in P loading could shift algal speciation in favor of
more species that are more palatable to primary consumers and may in fact enhance the food web by
restoring a trophic pathway to secondary and tertiary production (Yurk and Ney 1989; Ludsin et al.
2001). Cyanobacteria have long been considered a poor quality food for key zooplankton grazers that
link phytoplankton to higher trophic levels (Ali Ger et al. 2016). Therefore, at present, much of the
primary production (cyanobacteria) in Lake Erie probably represents an ecological dead end (i.e., it does
not enter the food chain but simply sinks to the bottom). Alterations in fish habitat and the abundance of
mussels also have an effect on fish abundance but this effect is not well understood.

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Appropriateness of the Phosphorus Load Targets
In general, the SAB finds that, based upon the coupling of current models to a relatively long term
observational record, a 40% reduction in TP load to the Western and Central Basins projects an
estimated response which improves water quality and reduces HABs in keeping with the stated goals in
the Task Team report (Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task
Team 2015). However, even with this reduction, cyanobacteria blooms may still occur with some
frequency in the western arm of the western basin in Maumee Bay. Ultimately, greater load reductions
may be necessary to achieve the desired thresholds for the ERI's. As previously noted, prediction of
hypoxia is associated with a higher degree of uncertainty than prediction of cyanobacteria blooms.
Therefore, attenuation of hypoxia is more problematic.
As previously mentioned, lake and tributary monitoring is critical for continued development of the
models and for adaptive management. Lags in indicator response and inter-annual trends can only be
elucidated accurately with an adequate monitoring program in place. In particular, monitoring of the 12
priority watersheds identified by the Annex 4 Objectives and Targets Task Team is essential and should
include measurement of: precipitation, flow, N species (good in situ N03- sensors are available for high
temporal resolution sampling), P (all forms) and organic carbon (dissolved organic carbon [DOC] and
particulate forms). Event based sampling (to capture the effects of the rising and falling limb) within
these systems is also critical for calculating loads.
The SAB also finds that linking the in-lake models to models of nutrient loading in the watershed is
essential, and is underway in some regions. The inclusion of these landscape models in the analysis is an
inescapable necessity since actions and practices on the land will enable the 40% P load reduction to the
Western and Central Basins.

Key Recommendations
Short Term:
•

Lake and tributary monitoring should be conducted to support continued development of the models
and adaptive management. In particular, event based sampling to capture the effects of precipitation
and tributary flow is critical for calculating loads. Dissolved organic or non-reactive P in Lake Erie
and tributaries should also be further investigated.
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Mechanistic models should be extended to include sediment diagenesis and nutrient flux. The depths
of the active layer should be refined ( e.g., 10 cm is too large - the depth may be 5 cm or less). This
will require calibration of the mechanistic models to field and laboratory data specific to Lake Erie.

•

If feasible, given the computational resources that may be required, simulations should be run
continuously over a period of years as an extended sequence rather than resetting initial conditions
every year.

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Intermediate Term:

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If feasible, given the computational resources that may be required, the WLEEM should be deployed
for the whole lake to provide information to better understand how load reductions impact hypoxia
development.

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Consideration should be given to embedding a Cladophora model within the whole lake WLEEM.

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A better understanding of the influence of winter blooms (under ice phenomena) should be
developed and incorporated into the models, particularly for hypoxia in the Central Basin.

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The algal community should be characterized to better understand the relative contribution ofNfixers versus non-fixers. The role of both N-fixation and denitrification in N cycling and N budgets
in the system should be assessed.

3.2. Cladophora Growth

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In its charge to the SAB, the EPA has indicated that additional P load reductions may be necessary to
reduce nuisance levels of Cladophora in the nearshore waters of the Eastern Basin of Lake Erie. The
SAB was asked to comment on whether scientifically sound P load reduction recommendations could be
developed at this time to address Cladophora growth. In responding to this charge question, the SAB
considered available information about Cladophora ecology, its occurrence in Lake Erie, the ecosystem
consequences of Cladophora blooms and capabilities of the Great Lakes Cladophora Model.

3.2.1. Development of Recommendations to Address Nuisance Levels of Cladophora Growth

Charge Question 3. Can scientifically-sound phosphorus load reduction recommendations be
developed at this time that will reduce Cladophora growth in the Eastern Basin of Lake Erie?
The SAB finds that further research must be completed before scientifically sound P load reduction
recommendations to reduce Cladophora growth in the Eastern Basin of Lake Erie can be developed.
There is insufficient information available to understand and weigh the relative importance of
environmental factors (including P inputs) that might have causal links to Cladophora growth and
senescence. Moreover, there are limited observations of the spatial extent of a perceived Cladophora
problem that seems to have been identified at sites along the shores of the Eastern Basin of Lake Erie.
That said, the issue of nuisance Cladophora growth in nearshore regions has been identified as an
important issue in the Great Lakes because it affects selected sites in each of the Great Lakes (Auer et al.
2010). This makes it a pressing regional issue in need of scientific and management attention.
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Basic Ecology ofCladophora

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Cladophora glomerata is a macroscopic, filamentous, branched green alga (Chlorophyceae) that usually
grows attached to hard benthic substrates in a variety of lakes, streams and rivers worldwide (Wehr et al.
2015). This alga can grow in such profusion that it forms extensive, dense mats achieving several meters
in length. The occurrence of this alga is usually associated with ample nutrients (Dodds and Gudder
1982; Higgins et al. 2008). There is experimental evidence that Cladophora grows best under high
concentrations of both N and P (e.g., Rosemarin 1982). Experimental enrichment of both N and P
performed in situ in Lake Michigan has led to extensive growth of Chaetophora, a close relative to
Cladophora (Carrick and Lowe 1988; 2007).

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Occurrence ofCladophora in Lake Erie

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Occurrences of Cladophora were reported in the Great Lakes as early as 1930 (Neil and Owen 1964).
The distribution of Cladophora appeared to expand through the Great Lakes from 1960-1975, and this
was attributed to large nutrient inputs in the nearshore regions of Lakes Huron, Michigan and Erie with
biomass ranging from 100 - 800 g dry weight/m 2 (Auer et al. 1982). While the biomass declined during
the 1970s and into the early 1980s coinciding with the P abatement programs in the Great Lakes, its
abundance underwent a surprising upturn again in the mid-1980s and early 1990s (Higgins et al. 2008).
More recently, standing crops up to 700 g dry weight Cladophora glomerata/m 2 have been observed in
shallow nearshore waters (0.5 - 2 m depth) along the northern shore of the Eastern Basin; its occurrence
in this location may be linked to the presence of suitable hard substrate as well as other factors. Hard
substrate also supported colonization of dense populations of dreissenid mussels (Dreissena polymorpha
and Dreissena bugensis), which may exacerbate the problem of Cladophora growth by increasing water
clarity and enriching local regions with excreted nutrients, especially readily available P as SRP (Heath
et al. 1995). Increased water clarity allowed Cladophora populations to develop to depths up to 20 m.
Recent studies indicate that tissue content of Pin Cladophora (i.e., P-quota) is an important metric of
growth potential of this alga: tissue of <0.07 µg P/mg dry weight is unproductive; tissue of>0.20 µg
P/mg dry weight is considered to be highly productive, capable of producing significant biomass, likely
leading to significant sloughing and formation of large amounts of "beach muck" upon decomposition
(Higgins et al. 2005, 2008; Lake Erie Millennium Network 2016). The levels of P storage in algal tissues
appear to be useful indicators of aquatic ecosystem eutrophication and thus subsequent remediation
(Price and Carrick 2016).
Ecosystem Consequences ofCladophora Blooms
Cladophora often plays a key role as an "ecosystem engineer" (an organism that alters the environment
in a way that affects the other organisms present) and this can have both important positive influences as
well as potentially negative consequences. This alga can serve as a substrate for epiphytic algal and
bacterial assemblages, which may also contain invertebrates (Lowe et al. 1982; Stevenson and Stoermer
1982; Chilton et al. 1986). While it may not be fed upon directly by invertebrates and fish, as substrate it
indirectly provides food for upper trophic levels. It is generally found in shallow, nearshore
environments where turbulent wave action is common. Because of its turbulent environment, filaments
frequently break or slough off, forming mats that can wash ashore and decay to a foul smelling mass
(i.e., beach muck). The processes that lead to sloughing and decay of the standing crop are not well
understood, and a recent workshop (Lake Erie Millennium Network 2016) identified Cladophora

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senescence and decay as a necessary research topic. As this "muck" decays, it gives off noxious odors,
and provides a habitat for biting flies and a substrate for E. coli and the bacterium responsible for avian
boh1lism. Because of its ability to scavenge and store excess P, Cladophora has often occurred as a
nuisance alga, capable of growing to large standing stocks leading to beach fouling as large stands of
"muck." Although there is no stated limit of acceptable standing crop, it is generally considered that less
than 30 g dry weight /m 2 is indicative of "good" conditions (Lake Erie Millennium Network 2016).
Biomass density of greater than 50 g/m 2 has been suggested as the threshold for the onset of problem
conditions (Auer et al. 2010).

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The Great Lakes Cladophora Model (GLCM)

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The Great Lakes Cladophora Model (GLCM) is a mechanistic, mass balance model with two state
variables, net algal biomass (growth minus respiration and sloughing) and stored P. The forcing
conditions are: available SRP, incident light intensity and temperature (see Appendix B-9 of Great
Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team Modeling Subgroup 2016).
The model was calibrated by direct observation in the field (Lake Huron) and laboratory studies; it was
confirmed by comparing the fit of model predictions to observations in Lake Michigan. Cladophora
growth may be linked to SRP content in the overlying water column and ultimately with the P-quota.
The SRP in the overlying water column is influenced by local inputs from nearby tributaries, as well as
the presence and density of dreissenid mussels (Higgins 2004). Therefore, a scientifically-sound model
must incorporate site-specific factors, including local hydrodynamics.
Sensitivity analysis has indicated that the model is most sensitive to the minimum cell P-quota, the
maximum growth rate and the maximum respiration rate; it is marginally sensitive to parameters related
to phosphate uptake. Model curves for SRP vs. maximum standing crop and SRP vs. stored P content
show that SRP of 0.9 µg P/L would yield a maximum standing crop of 30 g dry weight/m 2 and a stored
P content of 0.075 percent P. That is, 0.9 µg Pas SRP/L would yield an acceptably low standing crop
and low growth potential for Cladophora. This level of SRP has been related to TP concentrations and
total P load to Lake Erie via load-response curves derived empirically and illustrated in Figures B9-2
and B9-3 in Appendix B-9 of the Annex 4 Ensemble Modeling Report (Great Lakes Water Quality
Agreement Annex 4 Objectives and Targets Task Team Modeling Subgroup 2016). This analysis
implies that Cladophora growth and P-quota could be controlled with a TP load reduction to 7,000
MT/year, or a load reduction of 25 percent. A goal of 40 percent reduction in TP load to Lake Erie was
recommended by the Task Team to attain other desired ERI thresholds; the implication of the GLCM
analysis is that meeting this goal would also reduce Cladophora growth.
The GLCM appears to provide a first order evaluation of Cladophora occurrence and initial predictions
regarding attainment of the ERI of reduction of Cladophora standing crops to acceptable levels with
little growth potential, as indicated by P-quota. However, further research must be completed to fill
knowledge gaps (listed in the key recommendations below) before recommendations for P load
reductions to reduce Cladophora growth can be developed with an adequate level of certainty and
scientific confidence. In this regard, it is particularly important to link the data needs of the model with
the data collection process. The EPA should evaluate data needs to reduce uncertainty in the model and
better predict algal growth and presence.

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ED_ 001686C _ OOOO
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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Key Recommendations
Short Term:

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The GLCM should be calibrated and confirmed in the Eastern Basin of Lake Erie using existing
data.

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Site specific factors, including local hydrodynamics, tributary inputs, mussel densities, and other
important drivers, should be incorporated into the GLCM.

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Intermediate Term:
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Current and future studies should include investigation of P load inputs from key tributaries (e.g., the
Grand River Ontario) and the relative significance of local inputs and open lake P on stimulating and
supporting Cladophora growth.

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The process or processes that lead to sloughing (local hydrodynamics, algal senescence, etc.) and
eventual decay of Cladophora to "beach muck" need further investigation and likely need to be
appended to the GLCM.

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The development of a spatial model linked to remote sensing information should be explored to
better understand Cladophora distribution.

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The GLCM should be included in a broader whole-lake model to forecast the likelihood of
Cladophora growth along the shores. Consideration should be given to the possibility that as
hazardous algal blooms abate, the likelihood of Cladophora growth along the shores may be
increased due to improvements in water clarity and colonizable habitat.

Long Term:
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The GLCM would be more useful if it could be applied to the diversity of important benthic algae
(e.g., Chara, Lyngbya, Spirogyra, etc.) that can cause similar problems in the Great Lakes. The
similarities and differences among these various species should be considered in order to provide an
adequate representation of the problems of nuisance benthic algae in general.

3.3. Nitrogen Control
The current nutrient strategy for Lake Erie focuses on limiting P loading to the Lake. However, the Task
Team has also recommended tracking tributary N loads to the Lake. The EPA has asked the SAB to
provide recommendations to help determine whether consideration ofN control is warranted.

3.3.1. Determining Whether Nitrogen Control is Warranted
Charge Question 4: What recommendations can the SAE provide for development of an
approach to help determine whether consideration of nitrogen control, in addition to
phosphorus, is warranted in Lake Erie to prevent harmful algae blooms and manage hypoxia? In
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particular, what questions, relationships, or research priorities related to nitrogen loading
(different forms and sources) and in-lake cycling must be addressed?

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The EPA and the European Commission have adopted a dual nutrient reduction strategy, including both
N and P, to prevent and reduce eutrophication of both inland and coastal waters (European Commission
2009; U.S EPA 2015) While P has always been considered the limiting nutrient for Lake Erie and most
other lakes, there is increasing evidence of the possible need for N control as well. The Baltic Sea can be
viewed as a model that exemplifies the strategy to control both N and P. Although the Baltic Sea has
some similarities to Lake Erie, most of the Baltic is estuarine but of low salinity. The importance of N
control in lakes is currently unsettled and is the subject of vigorous scientific debate (Paerl et al. 2016;
Schindler et al. 2016). While N control in Lake Erie may be premature, especially given its difficulty
and expense, additional research to determine the importance of N should be a high priority. In Lake
Erie, phytoplankton species composition and seasonal succession can vary with both N and P
concentrations and ratios, and thus phytoplankton biomass does experience co-limitation ofN and P
during late summer and early fall (Moon and Carrick 2007). The phytoplankton species composition in
western Lake Erie has changed over time, likely reflecting changes in N and P inputs and cycles due to
changes in agriculture, the invasion of dreissenid mussels, climate change and other causes (Smith et al.
2015). N and P cycles are both coupled and uncoupled. Both nutrients are required in algal biomass in
roughly Redfield ratios (106:16:1 C:N:P), but are cycled differently through the environment. N can be
internally removed by a number of biotic and abiotic processes including: denitrification, anaerobic
ammonium oxidation (anammox) and transformed by dissimilatory nitrate reduction (DNRA), and
ammonia volatilization. Nitrogen cycling is likely influenced by the presence of dreissenid mussels
(Svenningsen et al. 2012) and this may in tum affect N:P stoichiometry and nutrient availability to
phytoplankton and macroalgae. Rates of internal N and P cycling are important as well as the loading
rates. As further discussed below, three of the Lake Erie models currently incorporate N cycling but
none address internal N and P pools, fluxes and ratios.

Need for a Multiple Nutrient Strategy
There is increasing support for adopting a multiple nutrient strategy to reduce eutrophication, in both
fresh and salt waters (Conley et al. 2009; U.S. EPA 2015). For Lake Erie this means that, after the initial
consideration of P control, N and P control should be considered; this would be similar to the approach
taken for the Baltic Sea (Conley et al. 2011 ). Many documents urge additional control of external P
loading in the Lake Erie watershed (e.g., Stumpf et al. 2012; Michalak et al. 2013; IJC 2014; Scavia et
al. 2014; Dove and Chapra 2015; Powers et al. 2016); however, there is evidence that N control is also
needed (Chaffin et al. 2013; Davis et al. 2015). As previously noted, the toxic cyanobacterium
Microcystis, the major concern in western Lake Erie, does not fix N and therefore requires a fixed N
source. Microcystis can become N limited in late summer in western Lake Erie (Chaffin et al. 2013). In
addition, it becomes more toxic when nitrate is abundant in lake water (Harke et al. 2016). Furthermore,
Microcystis is very well adapted to obtaining P when levels of P are low in lake water because it can use
enzymes (e.g., alkaline phosphatase) to remove P from organic compounds (hydrolyze phosphate esters)
that are more readily abundant in lake water in comparison to simpler dissolved forms of P (Harke et al.
2016). While nitrate is the predominant form ofN in Lake Erie and is highly mobile, there are also
lower levels of ammonium and other reduced N compounds (Chaffin et al. 2013) in the Lake. Since
these other reduced N compounds can be readily used by most cyanobacteria, they could be significant
contributors to blooms, even at low concentrations.
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The Maumee River drains a mostly agricultural watershed and discharges into the Western Basin of
Lake Erie, where annual cyanobacterial blooms have occurred since the mid-1990s. Stow et al. (2015)
document a decrease in total N (TN) load from the Maumee River since 2000 ( despite concurrent
increases in discharge). They also provide evidence for decreased nutrient inputs in summer months
(May-July) in recent years, and seasonal shifts in the TN:TP ratio (decrease in March-April; increase in
September-November). Recent cyanobacterial blooms in the Western Basin are fundamentally different
from those occurring in Lake Erie prior to the P load reductions implemented in the 1970s. While most
blooms prior to the 1990s were comprised of filamentous, heterocystous cyanobacteria (e.g.,
Aphanizomenon, a potential N-fixer), the modem blooms are comprised mostly of the non-N-fixing
genus Microcystis (Steffen et al. 2014). The inability of these cyanobacteria to fix atmospheric N
suggests an important role for external N loads from the watershed as well as an essential role of internal
N recycling mechanisms in modulating the total biomass and especially the composition of the
cyanobacteria community in the Western Basin. In addition, the toxin produced by Microcystis (and
other cyanobacteria), microcystin, contains a large proportion ofN (10 N atoms per molecule), and
production of microcystin is strongly correlated with available N (Davis et al. 2015). This apparent N
problem in Lake Erie is not confined to the Microcystis blooms in the W estem Basin. Indeed, algal
blooms in other parts of the Lake, including annual Planktothrix blooms in Sandusky Bay, Ohio (Davis
et al. 2015) and ongoing blooms of Cladophora (Davies and Hecky 2005), also involve non-N-fixing
algae. Furthermore, the proliferation of nuisance benthic algae (e.g., Cladophora and closely related
species) has been experimentally and empirically linked to available N and P enrichment in the Great
Lakes (See Carrick and Lowe 1988, 2007),
Low availability ofN in lake water is associated with a switch between species of cyanobacteria (from
the occurrence of Microcystis to Anabaena). Thus, if N concentrations increase, the persistence of
Microcystis blooms could increase even if P concentrations are lowered. In addition, both inorganic and
organic N species can be important. Davis et al. (2010) found that growth of the toxic Microcystis
strains were enhanced by inorganic N whereas the non-toxic strains were stimulated by organic N.
Moreover, Zhang et al. (2015) found that microcystin production appeared to be regulated by total N and
NQ3-but not by NO2-or NH4+_ Many phytoplankton species exhibit greater physiological response to
N:P than to either Nor P separately. Numerous studies have shown that the availability of a combination
of N and P often results in higher cyanobacterial biomass than either nutrient added singularly (e.g.,
Elser et al. 2007; Lewis and Wurtsbaugh 2008; Scott and McCarthy 2010, 2011). With increasing
frequency since 2002 there have been reports of algal blooms that are N and P co-limited or N limited,
especially during mid-to-late summer. In addition, increased availability of P from both external and
internal sources can enhance N limitation, especially under conditions where biological N2 fixation is
not possible.
Model Capability

The model descriptions in the draft Annex 4 ensemble modeling report suggest that, of the eight models
used to predict ERis (not including the Cladophora model), only the Ecological Model of Lake Erie
(EcoLE), Western Lake Erie Ecosystem Model (WLEEM) and Estuary and Lake Computer ModelComputational Aquatic Ecosystem Dynamics Model (ELCOM-CAEDYM) include state variables forN.
None of the models appear to address internal accumulations ofN and P by phytoplankton and
corresponding N:P ratios, which could be used to explore possible N-loading scenarios.

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This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Best Management Practices
The Maumee Basin is characterized by extensive row crop agriculture with tile drainage as well as
concentrated animal feeding operations. Agricultural Best management practices (BMPs) for P control
may help control N but may not be sufficient to attain the level of N control that could be needed. Best
management practices for P control often target sediments because much P is particulate. Nitrogen,
especially nitrate, is mostly dissolved and much more mobile, so if N removal becomes a goal to be
achieved, additional BMPs may be required to increase N removal. The agricultural activity of the
Mississippi River Basin leads to the hypoxia in the Gulf of Mexico. Studies of the Mississippi should
provide useful BMPs for the Maumee Basin. A recent study indicates that about half of the total N and P
in the Mississippi River Basin is contributed by agricultural ( about 80% of the agricultural contribution
ofN comes from fertilizer and 20% comes from manure; and about 55% of the agricultural contribution
of P comes from fertilizer and 45% comes from manure) (Alexander et al. 2008; Robertson and Saad
2013). There is some evidence that P loads from agricultural lands in Iowa have declined as a result of
the implementation ofBMPs (Wang et al. 2016).
In order to evaluate the importance of N control in Lake Erie, research is needed to answer key
questions and understand important relationships. These are listed in the key recommendations provided
below.

Key Recommendations
Short Term:
•

Research should be conducted to determine the total N loadings entering Lake Erie over time and
space, including all the major species ofN (oxidized, reduced, organic, and particulate). An N
budget should be developed for Lake Erie, especially the Western Basin, similar to that for Lake
Michigan (Han and Allan 2012).

•

Research should be conducted to show the reliability of current models for assessing the role ofN in
Lake Erie eutrophication and whether the models can be improved (or new models developed) to
more completely incorporate N (including internal N and P pools and ratios).

•

Research should be conducted to understand the expected response of the four eutrophication
response indicators to N reduction in the improved models.

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Intermediate Term:
•

Research should be conducted to determine: 1) how much of the external N loading can be removed
by internal removal processes; 2) the consequences oflegacy N and Pin the sediments and the
differences in internal cycling; and 3) the downstream consequences of not following a dual nutrient
strategy.

•

Research should be conducted to further understand: 1) the importance of concentrations and ratios
of N to other nutrients (P, but also Si) in directing or controlling ecosystem functions; and 2) the
balance in the ratio of N to P that would be best for ecosystem functioning.

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001184
ED_ 001686C _ OOOO
1090-00035

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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BMPs should be developed and applied to achieve additional N reduction in Lake Erie if needed.
Given the difficulty and expense of controlling and reducing N loadings, it is important to optimize
ecologically and economically the N sources to be reduced.

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The EPA should determine the reduction in N loading that results from reduction of P loading.

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Lessons learned from case studies of nutrient reduction in the Baltic Sea and other areas should be
applied to Lake Erie. This should include scientific, technical, policy and governance strategies.

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3.4. Evaluation of Nutrient Reduction Targets

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Inter-annual loading trends for the Maumee River are greatly influenced by annual variability in flows
(Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015). The Task
Team identified a maximum flow below which the target load should be met and recommended the use
of flow-weighted mean concentrations (FWMC) as a benchmark for any given tributary load. The SAB
was asked to comment on the use ofFWMC and any other approaches that should be considered to
account for inter-annual variability in hydrology in assessing progress in reducing tributary loadings of
P.

The Task Team also recommended development of a comprehensive adaptive management program that
would include annual routine monitoring of appropriate load, FWMCs and in-lake nutrient
eutrophication response indicators in conjunction with an intensive monitoring, research and operational
model application program every five years. The SAB was asked to comment on the adaptive
management approach.

3.4.1. Assessing Progress in Reducing Tributary Loadings of Phosphorus

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Charge Question 5. Please comment on the use of FWMC and any other approaches that should
be considered to account for inter-annual variability in hydrology in assessing progress in
reducing tributary loadings of phosphorus to the Lake.
In a stratified sampling program typically used in loading studies ( e.g., Heidelberg University's
monitoring of Ohio tributaries), each sample does not have equal weight in determining the average.
Some samples may represent time intervals of one or more days, while others represent intervals of only
a few hours. Some form of sample weighting must be used to properly average tributary data collected at
such varying frequencies. In river systems, two types of mean concentrations can be considered: a timeweighted mean concentration and a flow-weighted mean concentration (FWMC). The FWMC is the
preferred approach for calculating average concentrations in tributaries with variable flows. For
example, FWMC can be used to represent the average TP concentration in water discharged from the
Sandusky River to Sandusky Bay. To determine FWMC, the concentration in each sample is weighted
by both the accompanying time interval and the flow. FWMC represents the total load for the time
period (e.g., annually or March-July) divided by the total discharge for the same time period.
Flow Weighted Mean Concentrations are recognized as useful measures to address inter-annual
variability because they normalize the tributary P loading/delivery with respect to flow so that year-to24

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001185
ED_ 001686C _ OOOO
1090-00036

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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year performance (referring to nonpoint source nutrient controls) is not confounded by inter-annual
hydrology (Great Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015).
The Task Team recommended using tributary FWMC as a benchmark to track progress in load
reduction. The SAB recommends reviewing all available monitoring outputs (e.g., discharge, flow,
concentrations, loads) from significant tributaries and multiple assessment approaches (including
FWMC and flow-adjusted concentrations) to evaluate efforts to control nutrient loadings. In addition,
uncertainty in the values derived using the flow-weighted or flow-adjusted approaches should be
explicitly quantified and presented, and detailed information on the implementation of P reduction
strategies should be collected to help identify the reasons for changes in P loads delivered to the Lake.
The use of FWMC analyses alone may "mask" elevated concentrations that could result in algal blooms.
Any analysis of the effect of nutrient concentrations should consider the response of the organisms
intended to be controlled. Nutrient concentrations ( as affected by nutrient loadings) control organism
responses and the effect of temporal variability is an important consideration, especially for organisms
that have rapid life cycles and may respond quickly to shifts in nutrients.
The Heidelberg Tributary Loading Program (Heidelberg University 2016) collects and analyzes
approximately 450-500 water samples for pollutants at its monitoring stations each year. From that
information it calculates annual pollutant loads from each station and the loads of nutrients, sediments
and pesticides delivered to Lake Erie or the Ohio River. The Program makes the tributary data for most
of the monitoring stations publicly available, and also distributes a spreadsheet for data analysis that
calculates FWMC along with loadings for the nutrient parameters (TP, SRP, NO2-+ NO3-, Total
Kjeldahl Nor TKN) measured. Therefore, FWMC is a readily available statistic. For pollutants that tend
to increase in concentration as flow increases (like TP in the Maumee River), the FWMC will be greater
than the time-weighted mean concentration.
FWMC is considered by the Task Team to be a key tool for nonpoint nutrient control efforts (Great
Lakes Water Quality Agreement Annex 4 Objectives and Targets Task Team 2015). FWMC has
intuitive appeal because it is a concentration, which may be easier to understand and communicate than
"mass loading." FWMC is also useful for developing tributary inputs appropriate for the advanced
process-based models (WLEEM and ELCOM- CAEDYM) that require specification of both flow and
nutrient concentration in each tributary, instead of the tributary or basin-aggregate mass loadings used
by the simpler P mass balance models. An example showing how the FWMC approach can be
implemented is presented by Sether et al. (2004). The authors used this method to compare annual load
estimates of multiple water quality constituents across several sub-basins, accounting for differences in
average annual stream flow. Sether et al. (2004) also demonstrated an approach for calculating
confidence limits for FWMC estimates, explicitly acknowledging the uncertainty of these estimates and
recognizing that this uncertainty can influence how the results are interpreted in a management context.
The SAB notes that FWMC estimates for Lake Erie also should be accompanied by an appropriate
quantitative estimate of their uncertainty.
Annual discharge from the Maumee River is highly variable due to variations in the intensity, amount
and timing of precipitation. This variability is also an important factor leading to yearly differences in P
loads. Similarly, discharge from spring to early summer (March-July) varies annually, and inter-annual
variability during this period has been associated with variations in the size of the summer cyanobacteria
bloom (Stumpf et al. 2012; Obenour et al. 2014); therefore, tributary loadings during this "critical
period" merit particular attention. The Task Team has attempted to account for this confounding
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001186
ED_ 001686C _ OOOO
1090-00037

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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behavior by identifying a maximum flow below which the target load should be met and by
recommending the use of FWMCs to track progress for any given tributary target load. Examination of
Figures 9 (Maumee River discharge), 10 (TP FWMC and load) and 11 (SRP FWMC and load) in
Recommended Phosphorus Loading Targets for Lake Erie (Great Lakes Water Quality Agreement
Annex 4 Objectives and Targets Task Team 2015) suggests that similar trends are evident in FWMC and
loading, especially for 5-year running averages. It appears that appropriate filtering (e.g., 5-year running
average) is also a necessary component of assessing trends in Maumee River discharges, concentrations
and loads. Although the Task Team's use of FWMC has focused on the Maumee River, the calculation
should be considered for other Lake Erie tributaries that are monitored using stratified sampling
programs.

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The SAB notes that FWMCs are distinct from flow-adjusted concentrations (FA Cs), another tool that
should be considered in assessing progress in reducing tributary loadings of P. FA Cs are the residuals
from a statistical model relating concentration to discharge flow. FACs are used to remove the
seasonality from tributary monitoring data, and for detecting annual trends in the data once seasonality is
removed. For example, flow-adjusted concentrations were demonstrated by Stow and Borsuk (2003) to
aid in assessment of nutrient TMD L implementation on the Neuse River. Helsel and Hirsch (2002) also
provide information on the flow-adjusted concentration method.
Stow et al. (2015) note that Maumee River discharge increased from 1984-2013, a pattern that has been
shown to be consistent with long-term precipitation increases. In order for FWMC to offer an accurate
assessment of progress in reducing tributary loadings of P to Lake Erie, the assessment must also
consider the long-term trends in precipitation and discharge, and the FWMC benchmarks must be
adjusted as necessary to compensate for such trends affecting nutrient loadings. Discussion by Stow et
al. (2015) is particularly relevant regarding the use of FWMC or other approaches that should be
considered to account for inter-annual variability in hydrology:
"While it is generally acknowledged that targets may be exceeded during years of
unusually high precipitation and tributary discharge, the use of load targets remains a
common management tool. However, Milly et al. (2008) highlighted the growing
recognition that, for variables such as tributary discharge, the assumption of stationarity,
in an era of uncertain climate change, poses management challenges. Our results,
indicating progressive precipitation and discharge increases in the Maumee River basin
and concurrent phosphorus input increases to Lake Erie, suggest that imposing fixed load
targets may require phosphorus concentrations to be persistently lowered to compensate
for increasing discharge, if the targets are to be achieved. As phosphorus load targets are
re-evaluated pursuant to the updated 2012 GLWQA, it may be appropriate to address the
possibility that continued discharge increases into the future may affect target attainment
even if phosphorus reduction strategies are successful."
This statement highlights the need for future collection of detailed information on the implementation of
P reduction strategies in each major watershed. 7 Without this information, it will not be possible to
adequately identify the primary reasons for the observed changes (or lack thereof) in P loads delivered to

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The Task Team identified a number of priority watersheds (Great Lakes Water Quality Agreement Annex 4 Objectives and
Targets Task Team 2015).

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001187
ED_ 001686C _ OOOO
1090-00038

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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The SAB also notes that, as previously discussed, P may not be the only factor affecting algal growth in
Lake Erie; N, silica or other micronutrients may also affect algal growth. If the focus of the Task Team
expands to consider the control of other nutrients, the same assessment approaches should be applied to
tributary monitoring data for those nutrients to evaluate efforts to control sources of nutrient loadings.

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Key Recommendations

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Lake Erie. This will limit the ability to adequately assess the effect of P reduction strategies in light of
other confounding factors such as those related to climate change.

Short Term:
•

Uncertainty in the values derived using the flow-weighted or flow-adjusted assessment approaches
should be explicitly quantified and presented, and detailed information on the implementation of P
reduction strategies should be collected to help identify the reasons for observed changes in P loads
delivered to Lake Erie.

Intermediate Term:
•

All available monitoring data from significant tributaries and multiple assessment approaches should
be reviewed to evaluate efforts to control sources of nutrient loadings. The evaluation should include
relationships between hydrology, climate, agricultural practices, source control and trends in nutrient
loads and concentrations.

3.4.2. Adaptive Management Program
Charge Question 6. Please comment on the value of applying the existing eutrophication models
on an ongoing basis to periodically evaluate phosphorus loading targets and eutrophication
response indicators. What key elements should be included in the adaptive management
approach to successfully implement and evaluate our nutrient reduction goals for Lake Erie?
The SAB strongly endorses the development of an adaptive management program to evaluate the
responses of eutrophication indicators in relation to nutrient reductions consistent with the goals
developed for Lake Erie. The adaptive management program should involve an ongoing evaluation of
the efficacy of loading reductions in achieving the desired responses of the eutrophication indicators and
the adjustment of management actions, monitoring, and modeling in light of new information. This is
particularly important given uncertainties in the present P-reduction targets with respect to the expected
response indicator outcomes, as well as the potential for changing future conditions. An important
component of adaptive management is the opportunity to identify alternative management actions if
reductions in loadings fail to produce the desired or anticipated outcomes. The SAB provides the
following recommendations for adaptive management.
1. A standing adaptive management committee should be appointed. The SAB recommends that the
EPA formally appoint a standing adaptive management committee that is supported over the longterm. The committee should include technical experts (both academic and agency scientists) and be
charged with coordinating ongoing modeling and monitoring to evaluate progress towards meeting
loading targets and the desired values of the ERis. The committee should consider alternative
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001188
ED_ 001686C _ OOOO
1090-00039

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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management actions and develop the necessary supporting science if reductions in nutrient loading
fail to achieve the desired outcomes as measured by the ERis. Through this process, adaptive
management can usefully inform future management decisions.
2. A coordinated binational long-term monitoring strategy should be developed. It is critical to provide
support for stabilizing and enhancing long-term monitoring in order to assess whether loading and
ERI targets are being met. Consideration should be given to the following activities:

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Assessing available loading information and developing standardized protocols for loading
estimates, including correlation between P loadings from major tributaries (estimated from
hydrologic loads and FWMC of total P and bioavailable P) and ERis;
Maintaining current tributary monitoring capabilities (e.g., Heidelberg University) and adding
additional tributaries;
Developing standardized protocols for monitoring, evaluating and reporting values of ERis
(cyanobacteria; hypoxia; Cladophora) in relation to management objectives;
Considering the potential for additional ERis (i.e., chlorophyll a, biological endpoints such as
benthic organisms in hypoxic areas and general fish productivity; measuring the health and
diversity of fish communities, particularly Whitefish, Coregonus clupeiformis);
Ensuring that measurements are made of those variables that are necessary for calibrating and
assessing the performance of models and for evaluating alternative management actions as
necessary (see recommendations below).
Ensuring that measurements are being made of those variables that are necessary for
development of new or improved models (i.e., mechanistic models of sediment diagenesis,
nutrient flux, and sediment oxygen demand);
Incorporating measurements that provide "early warning" for climate change impacts.

3. Recommended models should be used as part of the adaptive management process. As previously
indicated, it may not be necessary to nm all of the models that were included in the ensemble
modeling effort. However, the SAB finds that models can be used as part of the adaptive
management process to both identify and evaluate alternative management actions. They can also be
used to identify data gaps and to run future scenarios. In particular, the SAB recommends that:
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Models be used to make annual predictions of ERis (cyanobacteria, hypoxia and Cladophora)
and post-audits be conducted to evaluate these projections;
Models be refined based on changing loadings and other new data;
Estimates of uncertainty be improved in the models;
Lake models be linked to upstream source functions via watershed models;
Cases where models do not perform well be used to develop alternative hypotheses;
Models be built into alternative hypotheses as appropriate.

4. Alternative management actions may be required. The attempt to manage eutrophication in the
Western Basin of Lake Erie by reducing external P loading by 40 percent is based on the
assumptions that: (1) external P-loading is the sole driver, or at least the overwhelmingly major
driver, ofHABs, hypoxia, and Cladophora proliferation, and (2) reduction in external P loading will
result in a reduction of these responses. It should be recognized that nutrient reduction is a
management action that can be evaluated within an adaptive management program. Depending on
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001189
ED_ 001686C _ OOOO
1090-00040

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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the success of nutrient reduction in achieving the desired values of the ERis, additional factors
beyond reducing external P loading might need to be identified and incorporated into the
management strategy.
An important task for the adaptive management committee is to propose alternative drivers for the
ERI's and to assess what monitoring/modeling/experiments could be conducted to most effectively
distinguish among them. This can be done using a more passive approach wherein hypotheses are
modified and tested iteratively by adjusting design operations (sometimes called "monitor and
modify") or by taking a more active approach such as setting up field manipulations to test
competing hypotheses. It is beyond the scope of this SAB report to develop a comprehensive list of
alternative hypotheses for Lake Erie eutrophication. However, the SAB suggests the following list of
issues that might be considered, along with the accompanying research, monitoring and modeling
tasks that would be useful for addressing each issue. The SAB offers these as a starting point for
further consideration and prioritization by the adaptive management committee. As part of this
process, it would be instructive for the adaptive management committee to consider what the
potential management response might be if a given alternative is found to be important.

Loading
It is not clear how effective BMPs applied at different times and places in the watershed will be for
reducing P, nor is it understood whether BMPs directed at P-retention will be effective for N
removal.

Research, monitoring and modeling:
- Characterize BMPs with respect to the geochemical form of nutrient runoff addressed, spatial
distribution, type of BMP and life cycle effectiveness.
- Compare N runoff in areas using different BMPs targeted at P control.
- Conduct small-scale experiments that quantify the efficiency ofBMPs for reducing both P and
N.
- Link watershed models to in-lake models and run a suite of scenarios to evaluate the
effectiveness of using different combinations of BMPs over space and time.

Cyanobacteria
The timing and magnitude of cyanobacterial blooms may be affected by the stoichiometric balance
ofN and Pin resource supply because algal growth and nutrient demand can generate conditions
where N and P become co-limiting. In addition, it is important to understand the linkage between
cyanobacterial biomass and toxin production in order to effectively address the potential effects of
blooms.
Research, monitoring and modeling:
- Calculate N loading to compare with P (including N:P ratios) and bioavailable forms ofN and P.
- Monitor key N constituents in the tributaries.
- Run N scenarios in models; potentially develop new models.
- Evaluate the seasonal timing ofN loading.
- Consider conducting in situ experiments (limno-corrals) to evaluate N limitation in the field.
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001190
ED_ 001686C _ OOOO
1090-00041

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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- Measure toxins in a standardized, coordinated way.
- Evaluate correlations between particulate organic carbon (POC), chlorophyll a, cyanobacteria
and microcystin concentration.
- Develop models to explore relationships between P, N, phytoplankton community composition
and implications for toxins.

Hypoxia
A number of factors contribute to the potential for oxygen depletion and hypoxia in the Lake,
including the duration and magnitude of spring diatom blooms, the seasonal progression of
stratification, and the extent of sediment oxygen demand. Although many of these factors are
incorporated in current models, it would be useful to improve our understanding of the relative
importance of these drivers and their relationship to external nutrient loads.
Research, monitoring and modeling:
- Quantify diatom bloom magnitude and duration.
Evaluate relationship between diatoms and seasonal N, P and silicon (Si) loading.
Use models and empirical analyses to evaluate relationship between diatoms and hypoxia.
Run model scenarios with varying stratification for a given P load.
Expand models to include mechanistic processes to represent sediment nutrient diagenesis and
fluxes of inorganic nutrients and sediment oxygen demand.
Collect site-specific data to support the development and calibration of models of nutrient
diagenesis and fluxes of inorganic nutrients and sediment oxygen demand.

Cladophora
Cladophora standing crop and productivity may be linked to internal P release from hypoxic
sediments or near-shore sources of P. In addition, the role of dreissenid mussels in promoting
Cladophora proliferation is unclear.
Research, monitoring and modeling:
- Monitor near-surface suspended sediment concentrations to characterize the upper active mixed
layer in the Western Basin.
- Improve on current Cladophora modeling to include nearshore processes.
- Monitor dreissenid populations in the Central and Eastern Basins
- Compare light levels, N and P release in dreissenid beds (with and without Cladophora
removed) and control areas.
5. Future scenarios should be evaluated. Part of the reason that the loading targets for P are being reevaluated is because of the changing response of the Lake over the past few decades. As part of the
adaptive management process, it will be important to understand the effects of climate variability
and other factors that may change in the future (Smith et al. 2015). The SAB recommends that the
adaptive management committee: (a) evaluate recent trends in the relationships between loading and
ERis for evidence of increasing sensitivity or changes in seasonality (e.g., March-July) or spatial
patterns, and (b) develop a suite of future scenarios that can be explored using models.
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EPA-17-0193 and EPA-17-0194-A-001191
ED_ 001686C _ OOOO
1090-00042

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Potential scenarios that could be evaluated include:
Climate change: increased precipitation and discharge; increased temperature; shorter duration
of ice cover.
Anticipated changes in land use and population density.
Regional economic development.
Zero P input: (i.e., with no additional load, how long will it take for internal stores of P to run
out?). This is not so much an anticipated future scenario as a way to establish an end member.
Combinations of the above that use integrated modeling approaches ( e.g., combining watershed
landscape and hydrology models with Lake models).

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6. The work proposed here should be structured to provide answers to the following questions on an
ongoing basis:

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Are load reduction targets being met?
Are ERI's responding?
Are ERI's being predicted accurately? If not, what alternative factors need to be considered?
Are there additional management measures that need to be considered based on additional
understanding gained from evaluating alternative hypotheses?
Which environmental and land use conditions are changing or likely to change in the future? If
so, what implications would such changes have for management?
In order to be in a position to address these questions the SAB recommends that the adaptive
management committee meet regularly and establish concrete targets for identifying key variables
to be monitored; deciding which alternative hypotheses are most important and what models/data
are needed to evaluate them; and agreeing on forecasting scenarios. This requires a long-term
institutional commitment to the process at the local and regional levels.

Short Term:
•

A standing adaptive management committee should be appointed to develop a program that
investigates alternative hypotheses and long-term forecasts in order to inform future management
decisions.

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A coordinated binational long-term monitoring strategy should be developed. A standardized
monitoring protocol should be implemented among the different groups involved. The same
assessment approaches should be applied to tributary monitoring data for N and P to evaluate efforts
to control sources of nutrient loadings.

•

Alternative management actions for Lake Erie eutrophication should be identified and evaluated if
loading reductions fail to produce the desired management objectives.

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ED_ 001686C _ OOOO
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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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•

Recommended models should be used as part of the adaptive management process to identify and
evaluate alternative hypotheses. The models can also be used to identify data gaps and to run future
scenanos.

•

Future scenarios should be evaluated to understand the effects of climate variability and other factors
that may change in the future.

•

The proposed work should be structured to provide answers to key questions (e.g., are load reduction
targets being met, are ERis responding, are ERis being predicted accurately) on an ongoing basis.

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The effectiveness of BMPs should be characterized with respect to type, spatial location in the
watershed, and life cycle effectiveness.

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Intermediate Term:
•

Detailed information on the implementation of P reduction strategies in each major watershed should
be collected into the future (e.g., the areas of the landscape where strategies are being implemented
and P monitoring data showing trends in those areas).

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001193
ED_ 001686C _ OOOO
1090-00044

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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33

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001194
ED_ 001686C _ OOOO
1090-00045

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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m+report+May+2015.pdf]

34

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001195
ED_ 001686C _ OOOO
1090-00046

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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conservation practices. Journal of Environmental Quality 46:123-132.

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001196
ED_ 001686C _ OOOO
1090-0004 7

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001197
ED_ 001686C _ OOOO
1090-00048

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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ecosystems. Limnology and Oceanography 56(4) 2011:1548-1550.

37

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001198
ED_ 001686C _ OOOO
1090-00049

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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Academic press, London, 1050 p.
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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001199
ED_ 001686C _ OOOO
1090-00050

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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WHO (World Health Organization) 2003. Cyanobacterial toxins: Microcystin-LR in drinking-water.
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spatial distributions of microcystins in Poyang Lake, the largest freshwater lake in China.
Ecotoxicology 24:19-28.

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001200
ED_ 001686C _ OOOO
1090-00051

 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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APPENDIX A: THE EPA'S CHARGE QUESTIONS
Background

EPA Region 5 is co-leading a binational workgroup to develop and implement the Nutrients Annex
("Annex 4") of the 2012 Great Lakes Water Quality Agreement (GLWQA) in accordance with Article
3(b)(i) of the GLWQA. Under Annex 4, the U.S. and Canada committed to address eutrophication issues
in Lake Erie by first establishing phosphorus objectives, loading targets and allocations for the nearshore
and offshore waters by February 2016, and subsequently develop phosphorus reduction strategies and
domestic action plans by 2018. A binational workgroup of Lake Erie scientists used a suite of models to
generate a series of load response curves in order to simulate the impact of phosphorus loads to
cyanobacteria biomass, hypoxia and Cladophora growth, and identify the phosphorus reductions needed
to meet the desired ecological condition for the Lake. EPA sought early SAB advice on the modeling
approach in December 2014. The SAB's feedback was considered in the subsequent deliberations by the
binational workgroup, and resulted in improved documentation of the uncertainties and sensitivities of
the models. The U.S. and Canada released the recommended binational phosphorus reduction targets in
June 2015 and sought public input during July and August. The phosphorus load reduction targets were
accepted by the U.S. and Canada on February 22, 2016, as follows:

To minimize the extent of hypoxic zones in the waters of the central basin of Lake
Erie: a 40 percent reduction from 2008 loads in total phosphorus entering the
western basin and central basin of Lake Erie - from the United States and from
Canada - to achieve a 6,000 metric ton central bas in load. This amounts to a
reduction from the United States and Canada of 3,316 metric tons and 212 metric
tons, respectively.
To maintain algal species consistent with healthy aquatic ecosystems in the
nearshore waters of the western and central basins of Lake Erie: a 40% percent
reduction in spring total and soluble reactive phosphorus loads from the following
watersheds where localized algae is a problem: in Canada, the Thames River and
Leamington tributaries; and in the US., the Maumee River, the River Raisin, the
Portage River, Toussaint Creek, the Sandusky River, and the Huron River, OH.
To maintain cyanobacteria biomass at levels that do not produce concentrations of
toxins that pose a threat to human or ecosystem health in the waters of the western
basin of Lake Erie: a 40 percent reduction in spring total and soluble reactive
phosphorus loads from the Maumee River in the US.
Further reductions in phosphorus may be necessary to address benthic nuisance algal growth and
shoreline impacts in Lake Erie's eastern basin. The Annex 4 Objectives and Targets Task Team will
meet later this year to reconsider the viability of developing a target for the eastern basin, given the
current state of the science on Cladophora and recent updates to the Cladophora growth model.
EPA is currently working with other federal, state and Canadian partners to develop a long-term plan
that will identify the monitoring, data and analyses needed to support implementation and evaluation of
these nutrient reduction goals as part of an ongoing, adaptive management approach. We are also
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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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working to develop a binational phosphorus reduction strategy and domestic action plans which will
outline actions to be taken to achieve the targets.
Furthermore, a binational task team was formed under Annex 4 to initiate steps required to develop Lake
Ontario nutrient targets. That team is currently assessing the status of nutrients and eutrophication
impacts in Lake Ontario, identifying gaps in monitoring and modeling needed to support targets
development. The Lake Ontario Nutrients Task Team will benefit from lessons learned and
consideration of modeling approaches in Lake Erie.

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Charge to SAB:

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The EPA requests Science Advisory Board (SAB) review of the current modeling results and other
information used to inform development of the binational phosphorus reduction targets. We are seeking
a critical review so that we can ensure the Agency's ongoing efforts to develop, implement and evaluate
nutrient reduction goals for Lake Erie are based on sound scientific data, analyses, and interpretations. In
a spirit of adaptive management, we are most interested in SAB advice on enhancements to the
modeling approach, or new approaches to consider, that will help us proactively manage eutrophication
issues in Lake Erie in the long term.

Review Documents: The panel will review the following documents, which taken together explain the
process followed to develop the binational phosphorus loading targets for Lake Erie:
•
•

The Annex 4 Ensemble Modeling Report and Appendix B
Recommended Phosphorus Loading Targets for Lake Erie: Annex 4 Objectives and Targets Task
Team Final Report to the Nutrients Annex Subcommittee. May 11, 2015

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Additional Documents: The following documents (and associated references), provide important
context and information related to our current efforts:

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•
•

A Multi-Model approach to evaluating target phosphorus loads for Lake Erie.:.Scavia, DePinto
and Bertani. Journal of Great Lakes Research, in press.
State of Knowledge ofCladophora in the Great Lakes. Executive Summary of Workshop held at
NOAA-Great Lakes Environmental Research Laboratory January 26-28, 2016

Charge Questions:
Approach for Developing Lake Erie Phosphorus Load Reduction Targets
Nine different Lake Erie models were used to predict the response of selected eutrophication
response indicators to different phosphorus load scenarios (see Table 1 in the Annex 4 Ensemble
Modeling Report). The eutrophication response indicators evaluated were ( 1) overall phytoplankton
biomass represented by chlorophyll a, (2) cyanobacteria blooms in the Western Basin, (3) hypoxia in
the hypolimnion of the Central Basin, and (4) Cladophora in the nearshore areas of the Eastern
Basin. Technical evaluation criteria were used to assess the capabilities of each model (see Section
2.3 and Appendix B of the Annex 4 Ensemble Modeling Report) and load-response curves were
generated for each eutrophication response indicator ( see Section 3 and Appendix B of the Annex 4
Ensemble Modeling Report).
A-2

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 Science Advisory Board (SAB) Draft Report (2/27/17) for Quality Review - Do Not Cite or Quote.
This draft has not been reviewed or approved by the chartered SAB and does not represent EPA policy.

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1.

Please comment on whether the evaluation of the models was adequate to inform how model
results should be interpreted, given differences in model complexity and scale. Please identify
any additional analyses that may be needed to improve future development and interpretation of
the load-response curves for the eutrophication response indicators.

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The document, Recommended Phosphorus Loading Targets for Lake Erie describes the process
followed by the Annex 4 Objectives and Targets Task Team to develop phosphorus loading targets
for Lake Erie. The document indicates that, to achieve a Western Basin cyanobacteria bloom
biomass threshold no greater than that observed in 2004 or 2012, 90% of the time, a spring Maumee
River load of 860 metric tons of total phosphorus and 186 metric tons of dissolved reactive
phosphorus is recommended. In addition, a 40% reduction in the spring load of total phosphorus and
dissolved reactive phosphorus from other Wes tern Basin tributaries and the Thames River is
recommended. To meet a threshold of 2.0 mg/Lor higher ofhypolimnetic dissolved oxygen, an
annual total phosphorus load of 6,000 metric tons to the Western and Central Basins is
recommended. The Task Team did not recommend new phosphorus concentration objectives for the
open waters or the nearshore be identified at this time.
2.

Please comment on whether the recommended targets reflect the best available information on
the drivers of cyanobacteria growth and seasonal hypoxia in Lake Erie and are appropriate to
meet the nutrient Lake Ecosystem Objectives defined in the GLWQA (as reflected in Table 1 on
page 7 of the document titled Recommended Phosphorus Loading Targets for Lake Erie).

Cladophora Growth
Additional phosphorus load reductions may be necessary to reduce nuisance levels of Cladophora in
the nearshore waters of the Eastern Basin of Lake Erie. The Annex 4 Objectives and Targets Task
team did not recommend a specific phosphorus objective or loading target to address Cladophora
growth. EPA and Environment and Climate Change Canada convened a workshop in January 2016
to assess the current state of knowledge of Cladophora growth in the Great Lakes and identify
potential options for nutrient target development to be considered by the Annex 4 subcommittee. (Please
see the background document titled "State of the Knowledge of Cladophora in the Great Lakes.
Executive summary of Workshop held at NOAA-Great Lakes Environmental Research laboratory,
January 26-28, 2016.")
3.

Please comment on whether scientifically-sound phosphorus load reduction recommendations to
address Cladophora growth in the Eastern Basin of Lake Erie could be developed at this time.

Nitrogen Control
While the current strategy focuses on limiting phosphorus loading to the Lake (total and dissolved
forms) as the key mechanism for controlling excessive algal growth, it is implied or assumed that
nitrogen loading likely will also be reduced through implementation of agricultural best management
practices, and the Task Team recommended that tributary nitrogen loads to the Lake be tracked in
addition to phosphorus.

A-3

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4. What recommendations can the SAB provide for development of an approach to help determine
whether consideration of nitrogen control, in addition to phosphorus, is warranted in Lake Erie to
prevent harmful algal blooms and manage hypoxia? In particular, what questions, relationships, or
research priorities related to nitrogen loading (different forms and sources) and in-lake cycling
must be addressed?

Evaluation of Nutrient Reduction Targets
The inter-annual loading trends for the Maumee River are greatly influenced by annual variability in
flows. The Objectives and Targets Task Team identified a maximum flow below which the target
load should be met and recommended the use of flow-weighted mean concentrations (FWMC) as a
benchmark for any given tributary target load.

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5. Please comment on the use of FWMC and any other approaches that should be considered to
account for inter-annual variability in hydrology in assessing progress in reducing tributary
loadings of phosphorus to the Lake.
The Task Team recommended development of a comprehensive adaptive management pro gram that
would include annual routine monitoring of appropriate load, FWMC, and in-lake nutrienteutrophication response indicators in conjunction with an intensive monitoring, research, and
operational model application program every five years.
6. Please comment on the value of applying the existing eutrophication models on an ongoing basis
to periodically evaluate phosphorus loading targets and eutrophication response indicators. What
key elements should be included in the adaptive management approach to successfully implement
and evaluate our nutrient reduction goals for Lake Erie?

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001204
ED_ 001686C _ OOOO
1090-00055

 Southeastern Pennsylvania
Nutrient Coalition
June 6, 2017

VIA EMAIL & FIRST CLASS U.S. MAIL
Mr. E. Scott Pruitt
Administrator
U.S. Environmental Protection Agency Headquarters
William Jefferson Clinton Building
1200 Pennsylvania Avenue, N.W. -Mail Code 1101A
Washington, DC 20460

RE: Request for Peer Review of EPA Region 3's TMDL Nutrient Endpoint Report
Dear Administrator Pruitt:
On behalf of the Southeastern Pennsylvania Nutrient Coalition of boroughs, townships,
and wastewater treatment authorities (including Telford Borough, Telford Borough Authority,
Lower Salford Township Authority, Lower Salford Township, Souderton Borough, Franconia
Township, Franconia Sewer Authority, Abington Township, Newtown Township, Hatfield
Township and Westchester), we request a meeting to discuss EPA Headquarters' coordination of
an independent peer review of a document entitled Development of Nutrient Endpoints for the
Northern Piedmont Ecoregion of Pennsylvania: TMDL Application-Follow-Up Analysis
("TMDL nutrient endpoint report"). See attached Ex. 1. As outlined below, we believe this EPA
document creating stringent nutrient reduction requirements for Eastern PA waters is not
scientifically defensible and single-handedly misallocates hundreds of millions of dollars in
municipal funds towards unnecessary construction of wastewater and stormwater facilities. As
noted in Presidential Executive Order on Promoting Energy Independence and Economic
Growth, these are precisely the type of regulatory decisions that should be peer-reviewed:
It is also the policy of the United States that necessary and appropriate
environmental regulations comply with the law, are of greater benefit than cost,
when permissible, achieve environmental improvements for the American people,
and are developed through transparent processes that employ the best available
peer-reviewed science and economics.
(signed March 28, 2017) (emphasis added). As conscientious stewards of the environment, we
remain fully committed to water standard compliance and dedicating our limited resources
towards expenditures that will achieve this goal. However, we have serious concerns that this
document, and the exorbitant costs that it will impose by its use, will achieve such ends.
Therefore, we believe that a thorough independent review of the document should be conducted.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001205
ED_001686C _00001091-00001

 Southeastern Pennsylvania
Nutrient Coalition
Background
The TMDL nutrient endpoint report was originally developed in 2007 by TetraTech for
EPA Region 3. The 2007 report was subsequently updated by TetraTech in 2012 to address
comments made by the EPA Science Advisory Board (SAB, 2010) critical of the stressorresponse evaluations contained in the original report. See Ex. 2, EPA's 2010 Peer Review
Report. Despite a harsh rebuke from the SAB that undercut the central presumption underlying
the TMDL nutrient endpoint report, EPA and TetraTech concluded in the follow-up report that
the 40 µg/1 total phosphorus ("TP") stream endpoint target developed in the 2007 report is still
scientifically defensible and will ensure compliance with Pennsylvania's narrative criteria for
nutrients (e.g., protection of aquatic life). Once developed, these reports served as the linchpin
determination to impose the same 40 µg/1 TP stream endpoint target in nutrient TMDLs for
several southeastern Pennsylvania free flowing streams (e.g., Indian Creek, Goose Creek,
Wissahickon Creek, Southampton Creek). Many of these TMDLs have been heavily contested
and/or are currently being litigated in Federal Court. See, e.g., Telford Borough Authority v.
EPA, (E.D.P.A. 12-6548); West Goshen Sewer Authority v. EPA, (E.D.P.A. 12-5353).
Major Scientific Flaws
While each of the entities in our group have site-specific concerns with application of the
40 µg/1 TP target in their watershed, the following major technical flaws apply generally to all
watersheds:
•

Available data for these watersheds confirm that high levels of plant growth
(periphyton) are occurring independent of TP concentrations (i.e., no relationship
between the two parameters). Accordingly, even if hundreds of millions of dollars
are spent in an effort to meet the 40 µg/1 TP target, there will be no resulting
benefit to the aquatic ecosystems of these watersheds.

•

Contrary to the nonexistent relationship between TP and periphyton in the
available data, there is a strong relationship between periphyton growth and
canopy cover. See Ex. 3, P ADEP Memorandum by Alan Everett on Periphyton
Standing Crop in Wissahickon Watershed. The data confirm that increasing
canopy and restoring the riparian zone would be far more effective - not to
mention cost-effective - in reducing plant growth. 1

•

Numerous scientific studies - even some developed by EPA' s experts - confirm
that periphyton control via TP reduction is virtually impossible, except at
extremely low levels of TP that are not attainable in these watersheds (less than
10 µg/1 TP). See Ex. 4, Dodds Report (at 677).

1

On multiple occasions, our group has requested to implement a stream restoration proposal in
lieu of the TMDL reductions. EPA Region III has denied each of these proposals.
2

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001206
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1091-00002

 Southeastern Pennsylvania
Nutrient Coalition
•

The majority of southeastern Pennsylvania streams are heavily populated and
urbanized. Accordingly, the upstream background concentrations of TP are
elevated well beyond the 40 µg/1 target and would make compliance with that
endpoint infeasible - even if phosphorns was entirely eliminated from the
wastewater and stormwater discharges. It is inappropriate to regulate in a manner
that causes enormous energy and financial costs with no benefit. See Michigan v.
EPA, 135 S. Ct. 2699, 2707 (2015) ("No regulation is 'appropriate' if it does
significantly more harm than good.").

•

The TMDL nutrient endpoint report is directly at odds with an earlier SAB review
finding that such generalized analyses for developing nutrient endpoints are not
scientifically defensible. See Ex. 2, SAB Peer Review Report, at 38 ("Numeric
nutrient criteria developed and implemented without consideration of system
specific conditions (e.g., from a classification based on site types) can lead to
management actions that may have negative social and economic and unintended
environmental consequences without additional environmental protection.")

Peer Review Request
As noted in the recent executive order, it is crucial that our federal regulatory programs
be based on sound decision-making and good science- not guesswork or generalized one-sizefits-all approaches that misdirect limited resources to unnecessary or unhelpful measures. This is
particularly trne in the realm of nutrients, where EPA has been seeking to regulate nutrients at all
times and all places, regardless of what the data show or the ability to actually control the
situation. See, e.g., Ex. 5, SAB's Draft Peer Review of TP limits in Lake Erie to regulate
Cladophora.
As several hundred million dollars in wastewater and stormwater compliance costs could
easily be triggered by this one report, we believe that a second peer review, to supplement the
2010 SAB review, would be a reasonable and prndent means to ensure that our resources are
being appropriately expended. We look forward to meeting with you and further discussing this
request.
Sincerely,

Mark D. Foumier
on behalf of the Southeast Pennsylvania
Nutrient Coalition
Enclosures
cc:
Sarah Rees, USEP A
Sarah A. Greenwalt, USEP A
Troy Lyons, USEPA
3

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EPA-17-0193 and EPA-17-0194-A-001207
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 Southeastern Pennsylvania
Nutrient Coalition
Justin Schwab, Esq., USEP A
Donald Benton, USEP A
Senator Pat Toomey
Senator Bob Casey
Congressman Ryan Costello
Congressman Pat Meehan
Congressman Bill Shuster
Congressman Brian Fitzpatrick
Congressman Brendan Boyle

4

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001208
ED_ 001686C _ OOOO
1091-00004

 Southeastern Pennsylvania
Nutrient Coalition
June 6, 2017

VIA EMAIL & FIRST CLASS U.S. MAIL
Senator Pat Toomey
Senator Bob Casey
Congressman Ryan Costello
Congressman Pat Meehan
Congressman Bill Shuster
Congressman Brian Fitzpatrick
Congressman Brendan Boyle

RE: Request for Congressional Support for Peer Review of EPA Region 3's
Nutrient Endpoint Report
Dear Senators and Congressmen:
On behalf of the Southeastern Pennsylvania Nutrient Coalition (including Telford
Borough, Telford Borough Authority, Lower Salford Township Authority, Lower Salford
Township, Souderton Borough, Franconia Township, Franconia Sewer Authority, Abington
Township, Newtown Township, Hatfield Township and Westchester), we are seeking support of
our Coalition's request to have EPA conduct an independent peer review of a nutrient endpoint
report that EPA is using to impose stringent nutrient reduction mandates throughout eastern
Pennsylvania. See, Peer Review Request. As discussed in the Coalition's peer review request,
this document is single-handedly misallocating hundreds of millions of dollars of municipal
expenditures throughout southeastern Pennsylvania. We are asking your help to avoid this waste
of limited state resources.
While our communities are more than willing to pay for watershed improvement efforts
that will produce meaningful environmental benefits where mandated by state or federal law, our
reviews have determined that (1) the nutrient reductions driven by this document will be
meaningless in improving the conditions in our local streams/creeks, and (2) less costly canopy
restoration is the only way to eliminate the excess periphyton growth. Unfortunately, despite
numerous requests based on these findings, EPA has been unwilling to withdraw its nutrient
reduction mandates that are based on this nutrient endpoint report.
Accordingly, the requested peer review is the only way- aside from litigation - that the
Agency will modify its position. For instance, in 2009, a similar Pennsylvania Congressionallysupported peer review request triggered an independent peer review by EPA' s Science Advisory
Board. That action proved to be instrumental in getting the Agency to withdraw/revise a

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001209
ED_ 001686C _ OOOO
1092-00001

 Southeastern Pennsylvania
Nutrient Coalition
similarly flawed nutrient guidance document, following the Science Advisory Board's
conclusion that EPA's approach was not scientifically defensible. While we anticipate a similar
result if an independent peer review were to be granted for this document, we are, nonetheless,
willing to live with the results of an independent review, regardless of the outcome.
Therefore, we respectfully request your offices support for this peer review request.
Thank you for any assistance you can provide that will assure Pennsylvania's resources are
wisely expended.
Sincerely,

Mark D. Foumier
on behalf of the Southeast Pennsylvania
Nutrient Coalition
Enclosure

2

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OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001210
ED_ 001686C _ OOOO
1092-00002

 To:
jackson.ryan@epamail.epa.govUackson.ryan@epamail.epa.gov];
dravis .samantha@epamail .epa .gov[ dravis .samantha@epamail .epa .gov]
From:
Nick Owens
Sent:
Mon 6/5/2017 3:12:39 PM
Subject: Meeting Request w/ Administrator & Mercuria Energy Group CEO
EPA Letter Jaeggi Sherk.pdf
Sherk Bio-2017 (002).pdf
Daniel Jaeggi Mercuria.pdf

Hi Ryan and Samantha:
I hope all's well -- you all have definitely hit the ground running!
Please see the attached meeting request sent to the Exec Sec for the Secretary on June 15th from Mercuria
Energy Group, US based in Houston, TX.
Please let me know who the scheduler is; I'll circle back with them and I wanted to bring this request to your
attention.
A few key facts on Mercuria below.
Thank you for your consideration.
All the best,
Nick
_i m

'
!
!_ Ex. 6 -. Personal_Privacy

[Mercuria Energy Group]
-Daniel Jaeggi - Founder
Largest Crude Oil Trader
-Purchased JP Morgan Chase commodities unit
-Transacted first export of American crude to China
-Finding more way to make America an energy exporter and making China the consumer
-Employs 1,000 US; revenues $100 Billion
Global HQ: Geneva, Switzerland
US Operations HQ: Houston TX
Significant operations in Oklahoma and Colorado

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001211
ED_ 001686C _ OOOO
1093-00001

 To:
Cc:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Greenwalt, Sarah[greenwalt.sarah@epa.gov]
Jay Martin
Mon 6/5/2017 2:36:52 PM
Re: CWA permits

Thanks, I just reached out to HQ and we will be in touch shortly.
Appreciate your attention.
Jay
On Jun 5, 2017, at 9:30 AM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:

Jay, can you send us information on the CW A permits your working with the Agency
to get?

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
'l_Ex._6-_Personal_Privacy _i'

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001212
ED_ 001686C _ OOOO
1097-00001

 Pruitt, Scott[Pruitt.Scott@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]
From:
Maria Zuber (sent by Paul R Schierenbeck)
Sent:
Wed 6/7/2017 6:47:22 PM
Subject: correspondence from MIT Vice President for Research Zuber
MTZ Pruitt letter 06 07 2017 .pdf
MIT Paris Agreement statement 06 01 2017.pdf
To:
Cc:

Please see the attached letter and attachment from VPR Maria T. Zuber. Thank you,
/PRS

Paul R. Schierenbeck
Executive Assistant to Maria T. Zuber

Massachusetts Institute of Technology I Office of the Vice President for Research
77 Massachusetts Ave 3-234 I Cambridge MA 02139
schieren@mit.edu I ( 617) 324-8177

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001213
ED_ 001686C _ OOOO
1098-00001

 Attachment~

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001214
ED_ 001686C _ OOOO
1099-00001

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001215
ED_001686C_00001100-00001

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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001216
ED_001686C_00001100-00002

 To:

From:
Sent:
Subject:

Jackson, RyanUackson.ryan@epa.gov]
Jay Martin
Mon 6/5/2017 2:30:58 PM
Automatic reply: CWA permits

I am_out_ofthe_office and will return on June 12, 2017. If this is timely, please call my cell phone
at 'l.Ex. 6 - Personal Privacy .!'
Thanks,
Jay

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001217
ED_001686C_00001101-00001

 Jackson, RyanUackson.ryan@epa.gov]
From:
Sarah Phillips
Wed 6/7/2017 5:44:21 PM
Sent:
Subject: Which stage are you in?

To:

4 Stages to Building a Corporate
Cu re that Amplifies Execution
Wednesday, June 21@ 1pm ET I Reg ister now !

Nearly 65% of organizations have an agreed-upon strategy, yet only 25% are successfully
executing upon those strategies.
Corporate culture is often overlooked as a critical driver of organizational success. But if you
ant to achieve optimal execution, having an organizational culture that amplifies execution
and results is key.

Join us Wednesday, June 21st for a journey through the four stages of cultural evolution.
ou'II identify where your organization currently stands and strategies that will help you make a
ransformative impact on your organization's success.

You will learn:

• The 4 stages of cultural evolution
• How to identify which stage your organization is
in
• Tips to progress through each stage

Speaker:
Joseph Krause
Date/Time:
Wednesday, June 21
1:00pm ET

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001218
ED_001686C_00001107-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001219
ED_001686C_00001107-00002

 http:/ /www2.achicvcit.com
http: //www2 .achicvcit.com
http ://www2.achicvcit.com
http ://www2.achicvcit.com
http:/ /www2 .achicvcit.com

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/c/l 4 778 l/ goac hicvcit /25bnrb /l 5227 4959
/c/ 14 778 1/compa ny-achicvcit /25bnrd / 15227 4959

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001220
ED_001686C_00001107-00003

 To:
Cc:

From:
Sent:
Subject:

Bennett, Tate[Bennett.Tate@epa.gov]
Jackson, RyanUackson.ryan@epa.gov]
Don Parrish
Wed 6/7/2017 5:31:57 PM
Re: EPA to Extend Deadline for 2015 Ozone NAAQS Area Designations

Thanks for reaching out and the notification.
Don
Sent from my iPhone
On Jun 6, 2017, at 8:11 PM, Bennett, Tate <Bennett.Tate@epa .gov> wrote:

FYI, Don! Let us know if you have any questions.

Begin forwarded message:

From: "Milbourn, Cathy" <Milbourn.Cathy@epa .gov>
Date: June 6, 2017 at 6:35:34 PM EDT
To: "Bennett, Tate" <Bennctt.Tatc@epa .gov>, "Konkus, John"
<konkus .john@epa.gov >
Subject: EPA to Extend Deadline for 2015 Ozone NAAQS Area Designations

CONTACT:
press@epa .gov
FOR IMMEDIATE RELEASE
June 6, 2017

EPA to Extend Deadline for 2015 Ozone NAAQS Area
Designations
WASHINGTON - U.S. Environmental Protection Agency (EPA) Administrator
Scott Pruitt sent a letter to governors today to inform them of EPA' s efforts related to
the National Ambient Air Quality Standards (NAAQS) for ozone promulgated in

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001221
ED_001686C_00001108-00001

 October 2015. EPA is extending the deadline for promulgating initial area
designations, by one year, for the 2015 ozone NAAQS.
"States have made tremendous progress and significant investment cleaning up the air.
We will continue to work with states to ensure they are on a path to compliance," said
Administrator Scott Pruitt.
The National Ambient Air Quality Standard (NAAQS) for ground-level ozone is an
outdoor air regulation under the Clean Air Act. As part of the process to determine
what areas of the country are able to meet the current air quality standards, states are
currently submitting their proposals for area designations under the 70 parts per billion
(ppb) standard, which was lowed from 75 ppb in 2015. Areas designated as being in
"nonattainment" of the standard face consequences, including: increased regulatory
burdens, restrictions on infrastructure investment, and increased costs to businesses.
EPA is giving states more time to develop air quality plans and EPA is looking at
providing greater flexibility to states as they develop their plans. And, pursuant to the
language in the recently-enacted FY2017 Omnibus funding bill, Administrator Pruitt is
establishing an Ozone Cooperative Compliance Task Force to develop additional
flexibilities for states to comply with the ozone standard.
Additionally, the Agency is taking time to better understand some lingering,
complicated issues so that air attainment decisions can be based on the latest and
greatest information. This additional time will also provide the agency time to review
the 2015 ozone NAAQS, prior to taking this initial implementation step.
Although the new ozone standard was set on October 1, 2015, there remains a host of
complex issues that could undermine associated compliance efforts by states and
localities. The Agency is evaluating these issues, primarily focused on:
•
•
•

Fully understanding the role of background ozone levels;
Appropriately accounting for international transport,
And, timely consideration of exceptional events demonstrations.

"We share the goal of clean air, a robust economy and stronger, healthier communities.
We are committed to working with states and local officials to effectively implement
the ozone standard in a manner that is supportive of air quality improvement efforts
without interfering with local decisions or impeding economic growth," said
Administrator Pruitt.
Since 1980, total emissions of the six principal air pollutants have dropped by 63
percent and ozone levels have declined by 33 percent. Despite the continued
improvement of air quality, costs associated with compliance of the ozone NAAQS
have significantly increased.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001222
ED_001686C_00001108-00002

 Rl07

If you would rather not receive future communications from Environmental Protection Agency, let us know by clicking
here <
Environmental Protection Agency , 1200 Pennsylvania Avenue NW , Washington , DC 20460 United States

<AZ Ducey 6-6-17.pdf>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001223
ED_001686C_00001108-00003

 To:

From:

Ryan Jackson[! Ex. 6 - Personal Privacy jJackson, RyanUackson.ryan@epa.gov]
Me Iissa Sh ute '-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

Sent:
Subject:

Wed 6/7/2017 4:56:16 PM
catch up

I know you are swamped with everything circulating about Paris, but curious if you were around
to catch up for coffee or drinks this week or next.

Melissa Shute
Senior Director Political & Public Affairs
CCOM PPAGWA
Mobile: ~,__
Ex._6 -_Personal Privacy_!
Telephone: +1 202 370 5213
Email: mshut@statoil.com
Visitor address: 1050 K. St. NW, Suite 950, Washington , DC 20001 , United States
www .statot!.corn
Please consid er the environment before printing this e--mail.

The information contained in this message may be CONFIDENTIAL and is
intended for the addressee only. Any unauthorized use, dissemination of the
information or copying of this message is prohibited. If you are not the
addressee, please notify the sender immediately by return e-mail and delete
this message.
Thank you

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001224
ED_001686C_00001109-00001

 To:

From:
Sent:

Jackson, RyanUackson.ryan@epa.gov]
Maddy Morris
Wed 6/7/2017 4:00:27 PM

Ryan!
Sorry to miss your call! I got the call from Charles-- thank you so much! I am so excited for this
opportunity and can't wait to join the team.
I have turned in my paper work to Charles and told Koch of the tentative last day as June 16
(depending on background check). But happy to come over prior and meet the current scheduler.
If you just want to connect the two of us, so we can find some times that work-- that would be
great!
Sorry for not calling back. I figured with you traveling with the Administrator an email will be
easier for you.
If you need anything else, please don't hesitate to ask!

Thanks again!
Maddy

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001225
ED_001686C_00001114-00001

 Jackson, RyanUackson.ryan@epa.gov]
Randall Gerard
Sent:
Fri 6/9/2017 1 :23:30 AM
Subject: SolarReserve CEO Meeting Request
SolarReserve Company Overview 24April2017 .pdf
To:

From:

Hey Ryan,

How are you? I hope well.

I was hoping you could find some time to chat with SolarReserve CEO Kevin Smith on
June 27th to discuss a massive solar project on BLM land in Nevada. This is finally the
kind of solar project you would appreciate. Its a great story, private capital, market
competition, US leadership, etc.

SolarReserve has broughtits ingenuityto energy and produceda global leader in solar
energy generation. This American leadership has facilitated manufacturingjobs, energy
exports, and global leadership. Mr. Smith would like to deliver a briefingon the
company's newest undertaking,the Sandstone project as well as provide some global
perspective on energy export market opportunities. SolarReserve's Sandstone
project represents a $5 billion investment that will provide 2,000 MW of power to
approximately 2.6 million homes in the state of Nevada and surrounding western states.
The project will provide for 20,000 megawatt-hours of energy storage, create 3,000
construction jo bs and 40,000 direct, indirect and induced jobs. The materials and
suppliers will come from across the country. Attached are briefing documents about the
company and the Sandstone proj ect.

We already have a siste r project up and running in NV with Crescent Dunes and a 25
year local power contract.

At this j uncture, it appea rs the only question remarks on the Sandstone project will be
getting BLM land approval. I know BLM is not you r turf but I think you like the company
and the story. All positive.

Please let me know if you could meet on June 27th.

Thanks in advance for the consideration.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001226
ED_001686C_00001118-00001

 Since rely,

Randall Gerard

SolarReserve

SolarReserve, a private renewable energy company , a leader in sola r the rmal
technology with integrated energy storage. In j ust seven yea rs, SolarReserve has
become one of the world's largest builde rs of solar power projects, with over 6 gigawatts
of awarded projects and $1.8 billion in worldwide operations . The company was
awarded the Platts Global Energy Rising Star Company Award for industry leadership in
advancing breakthrough energy storage technology , a reference to its innovative use of
molten salt thermal stores to maximize solar powe r.

Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the
recipient and others authorized to receive it. If you are not the recip ient, you are hereby notified that any
disclosure, copying, distrib ut ion or taking action in relation of the contents of this information is strictly prohibited
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001227
ED_001686C_00001118-00002

 SOL

ESE

About SolarReserve
SolarReserve is U.S. -based global developer of utility -scale solar power projects and advanced
concentrating solar power (CSP)technologies. The company has successfully financed and
constructed almost $2.0 billion of large scale solar infrastructure proje
cts worldwide, and is
successfully developing projects in the U.S., Australia, South Africa, Chile, Morocco, and China.
SolarReserve's key technology advancement is the commercialization of an innovative energy
storage solution for generating reliable and cost-effective solar electricity, day and night. Its power
delivery capabilities to meet peak demand requirements are nearly identical to natural gas -fired
power stations- generating when energy is most valuable, reducing cost and risk to electricity rate
payers. The technology has helped the U.S. become a leader in solar with energy storage, allowing
it to be exported worldwide, creating thousands of American jobs and enhancing national security
through energy independence.
Since its formation in early 200 8, SolarReserve has developed an extensive global pipeline of
projects totaling 13 gigawatts across the world's most attractive, high -growth renewable energy
markets. The company is headquartered in Santa Monica, California and maintains a global presence
with seven international offices that support its project development activities in more than 20
countries.

SolarReserve in the U.S.
SolarReserve's flagship facility, the Crescent Dunes Solar Energy Project in Nevada, was the world's
first and currently th e world's largest utility -scale CSP solar tower with fully integrated thermal
energy storage. It reliably and cost-effectively delivers both 110 megawatts of power plus a massive
1,100 megawatt -hours of energy storage, under a 25 -year power purchase agree ment with NV
Energy, Nevada's largest utility. (For perspective, when it came on line in 2015, the 1,100 megawatt
hours of storage was greater than all the world's utility scale batteries combined, at a fraction of the
cost.) Now, the proven technology atCrescent Dunes is a blueprint for SolarReserve's projects under
development in the U.S. and abroad.
SolarReserve's Crescent Dunes project is an example of how the company's CSPprojects uniquely
help bring back American jobs to the manufacturing sector, as
well as provide an enormous
opportunity for U.S. content- as opposed to importing solarphotovoltaic (PV) panels from Asia. For
the Crescent Dunes project, equipment and services were purchased across 26 states. All 1.2 million
square meters of glass required for the 10,347 heliostats (tracking mirrors) was U.S. sourced, with
assembly of the heliostat assemblies completed in an on-site manufacturing facility that employed
local workers. Virtually all the 90,000 cubic meters of concrete needed for the project was provided
from a local supplier. All 2,000 tons of structural steel was U.S. sourced as was most of the piping,
cabling and valves .The project created more than 1,000 construction jobs and 4,000 direct, indirect,
and induced jobs across America.
SolarReserve is a recognized partner of the U.S.government. SolarReserve received the prestigious
CSPAPOLLOaward from the U.S. Department of Energy's SunShot Initiative to further develop
advanced concentrating solar power technology. This award supports SolarReserve in advancing
U.S. leadersip in the technology and furthering CSP'sability to replace traditional forms of electric
power generation in terms of performance, energy storage and lower costs. SolarReserve has also

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

520 Broadway, 6t h Floor
Santa Monica, CA 904 01

Phone: (310) 315.22 00
Fax: (310 ) 315.22 01

www .solarre serve .com

EPA-17-0193 and EPA-17-0194-A-001228
ED_001686C_00001119-00001

 SOL

ESE

been supported by the Commerce Department's internati
onal trade advocacy efforts in
Spain, Chile, Australia, Peru, South Africa, and Ghana. In July 2015, SolarReserve participated io
DOE-DOCJoint Trade Mission to China to create export opportunities.
In October 2016, SolarReserve revealed plans to build the Sandstone project, a solar complex with
up to ten. advanced solar thermal towers. The facility will deliver 2,000 megawatts of firm capacity,
20,000 megawatt -hours of energy s torage capability, and 7,000,000 megawatt -hours of annual
output. It would be built in Nevada near the Crescent Dunes plant, and connected to California's
and Nevada's transmission systems. Such an immense infrastructure project would be a boon to the
U.S. economy, attracting over $5 billion of project investment, creating more than 3,000
construction jobs, 350 high -paying permanent power plant jobs , and 40,000 direct, indirect, and
induced jobs across the country. The project is estimated to generate more than $600 million tax
revenues over the first 20 years and expend more than $100 million in salaries and operating costs
each year.

SolarReserve Globally & Benefits to the U.S.
The global renewable energy market objectively represents one of the most signi ficant business
opportunities for the United States in decades. Bloomberg New Energy Finance estimates that more
than $7.7 trillion will be invested in power generation worldwide from 20132026. Two thirds-over
$5 trillion - of the funds will flow to renewables, which represents more than $350 billion annually.
With a worldwide portfolio of over 13 gigawatts, SolarReserve has been active in the global
renewables market since 2008, and sees worldwide deployment of its U.S. technology as a key
component of its business expansion strategy, which will create billions of dollars of U.S. exports
and thousands of U.S.jobs. Some selected company accomplishments globally include:
•

An agreement with Shenhua Group, the world's largest coal producer, to build 1,000 m€awatts
of solar thermal projects in China. The deal represents a total project capital expenditure
between $5B and $6B and will generate nearly $1B in US exports, helping to counter the trend
of importing Chinese renewable technology into the U.S. by exporting more innovative, proven
U.S.-developed renewable energy technology and expertise to China. In addition to the Shenhua
agreement, SolarReserve has 2,200 megawatts of agreements in China which are not yet publicly
disclosed.

•

A strong commercial relationship with the South Africa Department of Energy, which selected
SolarReserve's Redstone solar thermal project in its latest round of bidding. The 100 megawatt
project, with 12 hours of full-load energy storage, will have a 20-year power sales contract with
Eskom. The $850M project is scheduled to achieve financial close this year, with OPIC providing
$400M in debt financing.

•

Approval from the Chilean government to develop two of the world's largest solar projects
utilizing SolarReserve's proprietary techrology. The 260 megawatt Copiap6 Solar Project and the
450 megawatt Tamarugal projects will deliver baseload power 24-hours-a-day and will operate
at a capacity factor and availability equal to a coal fired power plant.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

520 Broadway, 6t h Floor
Santa Monica, CA 904 01

Phone: (310) 315.22 00
Fax: (310 ) 315.22 01

www .solarre serve .com

EPA-17-0193 and EPA-17-0194-A-001229
ED_001686C_00001119-00002

 Jackson, RyanUackson.ryan@epa.gov]
Brown, Byron[brown.byron@epa.gov]; Dickerson, Aaron[dickerson.aaron@epa.gov]; Melodie
DeMulling[demulling@eli.org]; Willis, Sharnett[Willis.Sharnett@epa.gov]; Hupp,
Sydney[hupp.sydney@epa.gov]
From:
Scott Fulton
Sent:
Thur 6/8/2017 5:58:44 PM
Subject: Invitation to Participate in ELI Leadership Council Events
To:
Cc:

Hi Ryan - I hope this finds you well. When we met, I mentioned our interest in having
Administration officials join some of our Leadership Council events. As you will recall, ELI's
Leadership Council is composed of leading lawyers and environmental professionals who are the
primary source of strategic advice and support for ELI. They are predominantly from the private
sector. I mentioned in particular the idea of Administrator Pruitt's joining us for our national
Leadership Council symposium in September. This would be a closed door session with 40-60
top thinkers in the environmental law community from across the country. It would I think be a
great chance for the Administrator to talk about his priorities with an informed and influential
audience; I am certain that the Council would greatly value his taking time to do this. We have
a week in view at this point: the week of September 11th • We think would need about an
hour of the Administrator's time, as part of what will be a half-day program over all. Is
there a time that would work well for him that week? We can build the rest of the program
around his availability.

Also, I wanted to see if you would yourself be willing to join us for one of our regular
engagements with our DC Leadership Council members. We hold quarterly luncheons with
them where distinguished government officials talk to them in an informal, off-the-record
fashion. The experience, including lunch, lasts no more than 90 minutes. Ron Tenpas has
spoken to the group in the recent past, as have other senior leaders from EPA, State, DOI and
NOAA. Usually around 25-30 members attend (with a few folks on the phone). Our guest
usually gives an informal 20 minute talk, and that's followed by about 15-20 minutes of
Q&A/discussion. We follow Chatham House rules to allow for a candid exchange. The next
meeting would be in July. Possible dates are Tuesday, July 11, Wednesday, July 12,
Tuesday, July 25 or Wednesday, July 26 depending on what works for your scheduling. I
could promise to get you out of the door by no later than I :30 p.m. Would you be interested and
available?

Please let me know your thoughts on both of these questions as soon as you are able. I have
taken the liberty of copying some of the folks at the Agency who may be able to help sort out the
scheduling questions. Btw, had a good chat with Susan Bodine the other day. She'll be a great
help to you when you get her on board. Soon, I hope!

Best regards,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001230
ED_001686C_00001136-00001

 Scott

Scott Fulton
President
Environmental Law Institute
(202) 939-3855

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001231
ED_001686C_00001136-00002

 To:
Jackson, RyanUackson.ryan@epa.gov]
Cc:
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]; Catanzaro, Michael J.
Justin [schwab .justi n@e pa. gov]; Hu pp,
EOP /WH O["-·-·-·-·-·-·-·-·Ex~-s-:-pe"i·sonai-iirivacy-·-·-·-·-·-·-·-·-·;schwab,
Sydney[hupp.sydney@epa.gov]
Bee:
curt.morgan@vistraenergy.com[curt.morgan@vistraenergy.com];
Hall, Martin
L[mlhall@firstenergycorp.com]; Shea, Quin[QShea@eei.org];
NWBLACK@southernco.com[NWBLACK@southernco.com];
john@lppc.orgUohn@lppc.org]; Cassady,
John M.[John.Cassady@nreca.coop]; jcmaierhofer@tva.govUcmaierhofer@tva.gov];
DWaterhouse@publicpower.org[DWaterhouse@publicpower.org];
CToth@publicpower.org[CToth@publicpower.org];
Steckelberg, Kathy[KSteckelberg@eei.org];
gdba ker@wms-jen.com[gdba ker@wms-jen.com]
From:
Jackson, Ryan
Sent:
Sun 6/4/2017 6:19:44 PM
Subject: Roundtable June 19

All --

Thank you for your interest, participation, and your help in coordinating your trade association
members' participation in the round table with US EPA Administrator Scott Prnitt to discuss a
regulatory path forward for the utility sector. Having an open and robust dialogue with the
regulated community is a foundational component of setting meaningful and balanced
environmental standards. We look forward to learning more about your perspective as the utility
sector not only powers our economic growth, but is also at the forefront of developing a more
efficient and cleaner energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green Room in
the Administrator's Suite. We will follow up with an official agenda in the coming days. We
have received a number of RSVP's and appreciate that. Please confirm your attendance or the
attendance of your trade association members by June 12. Should you have any questions,
__
~-~-~-~s~_n.'.'~.:.~i~~~~.J
please email or call at L:~:_s

Sincerely,

Ryan

Ryan Jackson

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001232
ED_001686C_00001140-00001

 Chief of Staff
U.S. Environmental Protection Agency
!·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.

! Ex. 6 - Personal

Privacy

!

L·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·l

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001233
ED_001686C_00001140-00002

 To:

From:
Sent:
Subject:

Jeffrey Lon( __
Ex. _6.-.Personal. Privacy ____
!
Jackson, Ryan
Sun 6/4/2017 5:35:29 PM
RE: Quick Note

Thanks. I trust your enjoying the Hill. I spent many years there.

From: Jeffrey Long [mailtoi Ex. 6 - Personal Privacy
Sent: Friday, June 2, 201 iS:46 PM
To: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: Re: Quick Note

i
'

Ryan,

Please forgive the intrusion on a Friday night, but I'm doing my best to avoid cluttering your
inbox during the work week - especially this week.

Just wanted to drop a line and offer my congratulations for the work your team did this week.
Flawlessly handled, typical media noise and expected talking-head hysteria notwithstanding.
Director Pruitt handed the Administration its best few days yet.

All the best, and hope all's well,

Jeff

On Wed, May 3, 2017 at 6:04 AM Jackson, Ryan <jackson .ryan@epa .gov> wrote:
Not a problem at all. I appreciate the interest and you will really enjoy working on Capitol
Hill and for Senator Hatch. I worked on Capitol Hill for 15 years. It was a great
expenence.
Ryan Jackson
Chief of Staff

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001234
ED_001686C_00001141-00001

 U.S. EPA
[_Ex. 6 .·.Personal.Privacy. ]

> On May 3, 2017, at 12:40 AM, Jeffrey Long <iL.Ex ..s.-.Personal ..Privacy. p wrote:
>
> Ryan,
>
> Hope this note finds you well. This is Jeff Long; my apologies that after days of tag we
weren't able to catch one another by phone.
>
> Just wanted to drop a note to thank you i..................................
~.?<:
..~ ..:..~«:.~~?~~~ ..~~iY.~.c_v..
........
r-·····················j

I

Ex. 6 - Personal Privacy

I

~>-----------------------------------------------------------------------------------------------------·
> Hope to stay in touch, and if I could ever prove helpful, please don't hesitate to let me
know.
>
> All the best,
>
> Jeff Long

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001235
ED_001686C_00001141-00002

 To:
Black, Noel W.[NWBLACK@southernco.com]
Cc:
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]; Horton, Melissa
H.[MHIGGINS@southernco.com]
From:
Jackson, Ryan
Sent:
Sat 6/3/2017 12:02:22 AM
Subject: Re: Cell
Much appreciated.

Ryan Jackson
Chief of Staff
U.S. EPA
: Ex. 6 - Personal Privacy
i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·

i

> On Jun 1, 2017, at 11:13 AM, Black, Noel W.<NWBLACK@southernco.com>

wrote:

>

> Mandy,
>

> Running down the 19th. Fanning is not available but our COO Kim Greene is available ...She has been
very involved in the Kemper County Lignite Facility. Do you have a time and place?
>

> Also when you have a moment give me a call. ..a couple of other questions.
>

> Thanks, Noel Black
> Vice President
> Federal Regulatory Affairs
> Southern Company
> 202.261.5024 office
L~~.:..~.:.~~~~~~~!!.~!~~~y_!
mobile
>
>

> -----Original Message----> From: Gunasekara, Mandy [mailto:Gunasekara.Mandy@epa.gov]
> Sent: Wednesday, May 31, 201710:37 AM
> To: Jackson, Ryan; Black, Noel W.
> Subject: RE: Cell
>

> Hey Noel, Following up from our phone call below is the list of confirmed and tentative/invited
attendees. I'll update as appropriate. Let me know if you have any follow-up questions.
>

> Confirmed:
> Nick Akins, AEP
> Gerry Anderson, DTE
> Warner Baxter, Ameren
> Pat Vincent-Collawn, PNM
> Chris Crane, Exelon
> Leo Denau It, Entergy
> Tom Farrell, Dominion
> Ben Fowke, Xcel
> Lynn Good, Duke
> Sean Trauschke, OGE
>
>

> Invited:
> Southern Co.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001236
ED_001686C_00001142-00001

 > NRECA (top 3 to 5)
> Basin
> TRI-State
> APPA (top 3 to 5 from Cory)

>TVA
> LGE-KU
> LPPC
> Luminant
>
>
> -----Original Message----> From: Jackson, Ryan
> Sent: Wednesday, May 31, 2017 6:33 AM
> To: Black, Noel W. <NWBLACK@southernco.com>
> Cc: Gunasekara, Mandy <Gunasekara.Mandy@epa.gov>
> Subject: Re: Cell
>
> Noel, we wanted to see if your CEO or appropriate representative could join a round table with the
Administrator on June 19 at 1pm in EPA for a couple hour stakeholder meeting with the Administrator on
next steps after the CPP.
>
> We are happy to talk further on this. Much appreciated.
>
> Ryan.
>
>
-----------> Ryan Jackson
> Chief of Staff
> U.S. EPA
>j Ex. 6 - Personal Privacy !
'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
>
» On May 30, 2017, at 10:21 PM, Black, Noel W.<NWBLACK@southernco.com> wrote:
>>
>> Mandy,
>>
>> Just seeing this my apologies.
>>
» My cell is l::·~-~-:~•~-~o_n~_I_P~-i~-~c!.J
>>
>> I'll give you a call in the morning.
>>
» Looking forward to talking.
>>
>> Thanks, Noel
>> Southern Company
~-

Ex. 6 - Personal Privacy_ 1

>>
>> Please excuse any typos ...this is coming from my iPhone.
>>
» On May 30, 2017, at 8:09 PM, Gunasekara, Mandy
<Gunasekara.Mandy@epa.gov<mailto:Gunasekara.Mandy@epa.gov>> wrote:
>>
>> Hey Noel,
>>
» I hope you are well. What's the best number to reach you? We are setting up the CEO utility round
table with the Administrator for June 19th at EPA and we'd love Mr. Fanning to attend.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001237
ED_001686C_00001142-00002

 >>
>> Give me a call when you have a sec:i Ex. 6 - Personal Privacy I
>>
'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
>> Best,
>> Mandy
>>
>> Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001238
ED_001686C_00001142-00003

 To:

From:
Sent:
Subject:

Wehrum, William L.[wwehrum@hunton.com]
Jackson, Ryan
Fri 6/2/2017 11:39:33 PM
RE: Checking In

Great news and big thanks. Looking forward to it. I think Pruitt would appreciate another sit
down in the near future on next steps like you did before. Thanks.

From: Wehrum, William L. [mailto:wwehrum@hunton.com]
Sent: Friday, June 2, 2017 6:28 PM
To: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: Checking In

Ryan - Wanted to let you know that I completed and submitted the last of my
forms this afternoon. OPP should have everything they need to move this along.

"Bill Wehrum
Partner
wwehrum@hunton.com
p 202.955.1637

Hunton & Williams LLP
2200 Pennsylvania Avenue, NW
Washington, DC 20037
hunton.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001239
ED_001686C_00001143-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001240
ED_001686C_00001143-00002

 To:

From:
Sent:
Subject:

J. Steven HartUshart@wms-jen.com]
Jackson, Ryan
Thur6/1/2017 4:31:47 PM
RE: How Bannon and Pruitt boxed in Trump on climate pact - POLITICO

I think you may know when we do.

From: J. Steven Hart [mailto:jshart@wms-jen.com]
Sent: Thursday, June 1, 2017 12:19 PM
To: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: FW: How Bannon and Pruitt boxed in Trump on climate pact - POLITICO

Good read

When you have something official on Paris, please include me on your early distribution list

Subject: How Bannon and Pruitt boxed in Trump on climate pact - POLITICO

http:/ /www. politico.com /story/ 2017 /05/3 1/trump-paris-climate-agrccment-239008

Disclaimer
This message, and any attachments to it, are from WIiiams & Jensen, PLLC and are intended only for the addressee. Information
contained herein is confidential , privileged and exempt from disclosure pursuant to applicable federal or state law. If the reader of
this message is not the intended recipient, you are notified that any use , dissemination, distribution, copying or communication of
this message is strictly prohibited . If you have received this message in error, please notify the sender immediatel y by return email
and delete the message and any attachments. Thank you

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001241
ED_001686C_00001148-00001

 To:

From:
Sent:
Subject:

Ado Machida[ ado. mach ida@navigatorsg lobal. com]
Jackson, Ryan
Thur 6/1/2017 2:30:47 PM
Re:

He's in a similar spot as other contractors, this will take some time and EPA has already taken a
legal position which DOJ has defended so although we need to provide SRF funds they attorney
in this case is in a tough spot and will need to provide us more time.

Ryan Jackson
Chief of Staff
U.S. EPA
I -•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-1

! Ex. 6 - Personal

Privacy

!

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

On Jun 1, 2017, at 9:53 AM, Ado Machida <ado .machida@navigatorsgloba l.com> wrote:

Ryan,
Just checking back - the lawyer says that he has to file another motion for a stay, and he just
wanted to know if there might be any movement on this.
I know it's only been a couple of days.
Thanks!
Ado

Ado Machida I Navigators Global LLC
9g,1 7th Street N.W ., Suite 200, Washington, DC 2000 17
.
<image 001 .pug
P 202 .3 15.5100

IF 202.315.5010

ado.machida@navigatorsg lobal.com

On May 29, 2017, at 10:17, Ado Machida <ado .machida@navigatorsg lobal.com> wrote:

Ryan,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001242
ED_001686C_00001150-00001

 Much thanks!

Ado

M

a IN

G

901 7th Street N.W., Suite 200, Washington,

< image00 1. png >
P 202.315.5100

DC 20001

I F 202.315.5010

ado .mach ida@nav igatorsgloba l.com

From: "Jackson, Ryan" <jackson.ryan@epa .gov>
Date: Sunday, May 28, 2017 at 2:51 PM
To: Ado Machida <ado.machida@navigatorsg lobal.com>
Subject: <no subject>

Thanks again for the time last week. I'm checking on the PR SRF situation. You are
correct, that was a ridiculously written memo. I'll get back with you soon.

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001243
ED_001686C_00001150-00002

 r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

[__
Ex.

s_- Personal_Privacy __!

<image00 1.png>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001244
ED_001686C_00001150-00003

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001245
ED_001686C_00001151-00001

 To:

From:
Sent:
Subject:

ickff--Ei--s·-~--Person-af"Privacy-·1

ch ris h lad
Jackson, Ryan·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
Thur 6/1/2017 10:02:45 AM
Re: Region X

No, but presidential personnel is simply very very slow with positions outside of D.C.
them on it.

I'll keep pinging

Ryan Jackson
Chief of Staff
U.S. EPA
.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-.

!Ex. 6 - Personal

Privacy

!

i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

> On May 31, 2017, at 2:57 PM, chris hladick j Ex. 6 - Personal Privacy 1wrote:
>
~-------------------------·
> Any update? I have had a conversation with my Gov. and let him know my name is in the hat. Is there
some kind of log jam at the White House?
>
> Chris
>
> Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001246
ED_001686C_00001153-00001

 To:

From:
Sent:
Subject:

Jim MassieUmassie@massiepartners.com]
Jackson, Ryan
Wed 6/14/2017 5:27:56 PM
RE: good morning

Let me check on this.

From: Jim Massie [mailto:jmassie@massiepartners.com]
Sent: Wednesday, June 14, 2017 11:24 AM
To: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: good morning

Ryan,

Hope all is good. I would like a little advice. Siemen's executive management team is
in DC the afternoon of June 27. I believe that Administrator Pruitt has a meeting
request for this group. Can you advise me if you need anything from us? And who we
should be in contact with to track the potential of a meeting. Thanks. Sorry to be a
pest!

Jim

JimMassie
(202) 841-8037
jmassie@)massiepartners.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001247
ED_001686C_00001156-00001

 To:
Cc:

From:
Sent:
Subject:

Hocking, Jillian[Jillian.Hocking@environment.gov.au]
Thawley, Cosimo[Cosimo.Thawley@environment.gov.au]
Jackson, Ryan
Tue 6/13/2017 10:44:31 PM
Re: thank you for your time

Thank you.

Ryan Jackson
Chief of Staff
U.S. EPA

i

:. Ex. 6. -. Personal_Privacy_

On Jun 13, 2017, at 6:42 PM, Hocking, Jillian <Jillian .Hocking@environrnent.gov .au> wrote:

Hi Ryan
We are ready for your call to the Canberra office (currently 8:40am Aus time).
Thanks
Jillian
Sent from my iPhone
On 13 Jun 2017, at 7:48 am, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Jillian, it was a pleasure to speak with you and thank you for your help. I wanted to
see if we could set up a time for a call between Cosimo and I possibly for tomorrow
morning around 8:30am Australia time which would be about 7:30pm U.S. eastern
time.

I'm happy to call at the Canberra office phone number.

Much appreciated.

Ryan.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001248
ED_001686C_00001159-00001

 Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
[_Ex. _s-_Personal-Privacy_!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001249
ED_001686C_00001159-00002

 Henry Darwint_ Ex._6_-_Personal_Privacy
__
!
From:
Jackson, Ryan
Sent:
Tue 6/13/2017 4:13:04 PM
Subject: Re: Giving Notice
To:

Not at all. We got off schedule this morning. We'll give you a shout today.

i

Ryan Jackson
Chief of Staff
U.S. EPA
E~. 6---~ersonal

_Privacy_:

On Jun 13, 2017, at 12:09 PM, Henry Darwin~ . Ex. 6 - Personal Privacy ~' wrote:
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Ryan:
Liz missed our call this morning and I haven't been able to get in touch with her. Is there
something I should be aware of?
Thanks
Henry
---------- Forwarded message ---------Ex._6 _-_Perso_nal_
Privacy_______
___!
From: Henry Darwin!_ _________
Date: Tue, Jun 13, 2017 at 7:31 AM
Subject: Re: Giving Notice
To: "Bowman, Liz" <Bowrnan.Liz@epa.gov>

Ex._ 6 - _Personal
I tried calling. You can call me at!__
Thanks

On Jun 12, 2017 3:54 PM, "Henry Darwin"

_Privacy_

i

4-_Ex._
6_-_Personal__
Pri_vacy__i
wrote:

Thanks Liz. I will call you in the morning.
Henry
On Mon, Jun 12, 2017 at 2:56 PM, Bowman, Liz <Bowrnan.Liz@epa.gov> wrote:
I.Ex._6 - _Personal_Privacy_

!

From: Henry Darwin [mailtoj Ex. 6 - Personal Privacy

i

··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001250
ED_001686C_00001160-00001

 Sent: Monday, June 12, 2017 5:51 PM
To: Bowman, Liz <Bowman.Liz@epa.gov >
Cc: Jackson, Ryan <iackson.ryan@epa.gov >
Subject: Re: Giving Notice

Liz:

That would be great. What number should I call?

Henry

On Mon, Jun 12, 2017 at 2:40 PM, Bowman, Liz <Bowrnan .Liz@epa.gov>
wrote:

Henry, would be happy to help. I think the "no comment" doesn't do
you justice, and would love to get a good, strong quote in the que. Do
you have time to talk tomorrow morning, like 10:30 a.m. Eastern?

From: Jackson, Ryan
Sent: Monday, June 12, 2017 5:17 PM
To: Henry Darwin <i Ex. 6 - Personal Privacy
<Bowman.Liz@epa ~gov>
Subject: RE: Giving Notice

r;Bowman, Liz
'

Without question we need to coordinate. I'm unsure how this word gets out
because we literally have told no one.

However, Liz, we need to coordinate on this.

Without question there's a great message here, and we are eager to take
advantage of it.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001251
ED_001686C_00001160-00002

 From: Henry Darwin [rnailtoL______
Ex. 6_- Personal _Privacy________
!
Sent: Monday, June 12, 2017 4:38 PM
To: Jackson, Ryan <jackson.ryan@epa.gov >
Subject: Re: Giving Notice

Ryan:

The press in Arizona is asking the Governor's communications director for
confirmation of my leaving Arizona to join EPA. I am unaware of their
source, but I have been getting congratulatory e-mails from former EPA
officials the last couple of weeks. I am not sure what your communication
plans are, but I could have our press folks talk with yours to develop
coordinated press releases if you'd like. I believe there's a great opportunity
to message a positive direction for EPA.

My meeting with the Governor is scheduled for this afternoon. So, no plans
to respond to Arizona press until tomorrow. The communication may be "no
comment" depending on your plans.

Thanks

Henry

On Mon, Jun 12, 2017 at 7:18 AM, Jackson, Ryan <jackson .ryan@epa .gov>
wrote:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001252
ED_001686C_00001160-00003

 Not at all. Welcome aboard.

From: Henry Darwin [mailto:i Ex. 6 - Personal Privacy :
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
Sent: Monday, June 12, 2017 10:14 AM
To: Jackson, Ryan <jackson.ryan@epa.gov >; Munoz, Charles
<munoz .charles@epa.gov >
Subject: Giving Notice

Veronica and I plan to give notice today. Any concerns?

Thanks

Henry

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001253
ED_001686C_00001160-00004

 To:

From:
Sent:
Subject:

Henry DarwinL Ex._6_-_Personal
__
Privacy___!
Bowman, Liz[Bowman.Liz@epa.gov]
Jackson, Ryan
Mon 6/12/2017 9:54:25 PM
RE: Giving Notice

Liz, with Henry we are getting a two-fer.

Not only will he be the Assistant Deputy Administration and Chief of Operations but his wife
Veronica will be an Advisor to the Administrator for the Office of Land and Emergency
Response.

I'll circle back with you on all this in the morning. Jet lag.

From: Henry Darwin [mailto:i Ex. 6 - Personal Privacy
··-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·J
Sent: Monday, June 12, 2017 5:51 PM
To: Bowman, Liz <Bowman.Liz@epa.gov>
Cc: Jackson, Ryan <jackson.ryan@epa.gov>
Subject: Re: Giving Notice

:

Liz:

That would be great. What number should I call?

Henry

On Mon, Jun 12, 2017 at 2:40 PM, Bowman, Liz <Bowrnan .Liz@epa.gov> wrote:

Henry, would be happy to help. I think the "no comment" doesn't do you justice, and
would love to get a good, strong quote in the que. Do you have time to talk
tomorrow morning, like 10:30 a.m. Eastern?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001254
ED_001686C_00001164-00001

 From: Jackson, Ryan
Sent: Monday, June 12, 2017 5:17 PM
To: Henry Darwin <1
Ex. 6 - Personal Privacy
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
Subject: RE: Giving Notice

t; Bowman,

Liz <Bowman.Liz@epa.gov >

Without question we need to coordinate. I'm unsure how this word gets out because we
literally have told no one.

However, Liz, we need to coordinate on this.

Without question there's a great message here, and we are eager to take advantage of it.

From: Henry Darwin [mailto:i Ex. 6 - Personal Privacy i
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'
Sent: Monday, June 12, 2017 4:38 PM
To: Jackson, Ryan <iackson.ryan@epa.gov >
Subject: Re: Giving Notice

Ryan:

The press in Arizona is asking the Governor's communications director for confirmation of
my leaving Arizona to join EPA. I am unaware of their source, but I have been getting
congratulatory e-mails from former EPA officials the last couple of weeks. I am not sure
what your communication plans are, but I could have our press folks talk with yours to
develop coordinated press releases if you'd like. I believe there's a great opportunity to
message a positive direction for EPA.

My meeting with the Governor is scheduled for this afternoon. So, no plans to respond to
Arizona press until tomorrow. The communication may be "no comment" depending on
your plans.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001255
ED_001686C_00001164-00002

 Thanks

Henry

On Mon, Jun 12, 2017 at 7:18 AM, Jackson, Ryan <jackson.ryan@epa.gov> wrote:
Not at all. Welcome aboard.

From: Henry Darwin [mailtoj Ex. 6 - Personal Privacy :
Sent: Monday, June 12, 201L710:14 AM
·
To: Jackson, Ryan <jackson.ryan@epa.gov >; Munoz, Charles
<munoz .charles@epa.gov >
Subject: Giving Notice

Veronica and I plan to give notice today. Any concerns?

Thanks

Henry

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001256
ED_001686C_00001164-00003

 To:

From:
Sent:
Subject:

Steven Kooni~---·-·-·-·-·-·
Ex. 6 _-Personal. Privacy·-·-·-·-·-___!
Jackson, Ryan
Mon 6/12/2017 2:13:05 PM
Re: [SPAM] Keeping you in the loop

Yes. Richard starts today.

Ryan Jackson
Chief of Staff
U.S. EPA

He will be read into this shortly.

!

L_Ex.6_-_Personal_Privacy_

> On Jun 12, 2017, at 9:52 AM, Steven Koon in t.__
________
Ex._6_
-_Personal_
Privacy ·-·-·-·-·J
wrote:
>
> Ryan
>
> Just to keep you up to date. Last Friday, I, together with Will Happer (Princeton Professor Emeritus,

likely Red Team member) and Kathleen Hartnett White (slated to be next CEO Chair) had a brief meeting
Lamar Smith and his staff re the Red/Blue Exercise. Chairman Smith was very supportive and, in a
longer meeting with just the staff, they volunteered to organize a letter from multiple Members to the
White House urging such an exercise be conducted. Since that latter will involve a broader circulation of
a draft prospectus, I will modify the latter just slightly.
>
> Steve
>
> PS Saw Richard Yamada briefly on that visit as well, although he didn't sit in on any of the meetings

and he didn't mention (perhaps unaware) his pending involvement in this business.
>
> Sent from my iPad

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001257
ED_001686C_00001171-00001

 To:
Cc:

From:
Sent:
Subject:

Desmarie Waterhouse[dwaterhouse@publicpower.org]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, Ryan
Fri 6/9/2017 10:31:01 PM
Re: List of public power CEOs from APPA

Wow well thank you. We'll get back with you on a firm agenda early next week.

Ryan Jackson
Chief of Staff
U.S. EPA

LEx. 6_- Personal. Privacy

j

On Jun 9, 2017, at 4:21 PM, Desmarie Waterhouse <dwaterhouse@pub licpower.org > wrote:

Mandy and Ryan:

Below are three CEOs that will attend the CEO roundtable on June 19. Again, thank you so
much for the invitation to participate. I wish Sue Kelly could participate as well, but given
the conference, there is no way for her to do so.

All three CEOs have coal-fired generation that would have been impacted by the rule (they
also have natural gas-fired generation). Tom, Raj, and Terry sit on APPA's CEO Climate
Change and Generation Policy Task Force. Please note Raj and Terry are flying up for the
meeting from Orlando and then returning to Orlando afterwards. Tom cancelled going to
the conference so he could come to this meeting.

-~ ·~ ~ ~ ~-~ Tom Heller - President & CEO, Missouri River Energy Services tom.he11er@mrencrgy.com Goint action agency that supplies power to public power utilities
in ND, SD, IA, and MN).
-~ ,~ ~ ~ ~-~ Raj (Raj eshwar is full first name) Rao - President & CEO, Indiana Municipal
Power Agency Goint action agency that supplies power to 60 public power utilities in IN
and one in OH) - rajr@irnpa .com
-~ ,~ ~ ~ ~-~ Terry Huval - Director (this is CEO position), Lafayette Utilities System public power utility located in Lafayette, LA (serves more than 65,000 retail customers thuval@les.org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001258
ED_001686C_00001173-00001

 We also extended invitation to Dan Sullivan, the CEO of Grand River Dam Authority in
Vinita, OK. Dan knows Administrator Pruitt. He also sits on APP A's board of directors.
He is unsure whether he can go yet given he isl_____________
~~:-~-~--~-E:~~<?.!1_~1
__
~_rj_y~_c._~----·-·-·-·___]
for our
meeting. Ifhe tells me he can go, I will let you know.

I understand some public power CEOs are attending on behalf of the Large Public Power
Council (LPPC), a group of our largest 26 members. Dan Sullivan is also a member of
LPPC.

If you need anything else from me, please let me know.

Des

Desmarie M. Waterhouse
Vice President of Government Relations & Counsel
American Public Power Association
2451 Crystal Dr., Ste. 1000
Arlington, VA 22202
202-467-2930 (w)

l

.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

Ex. 6 - Personal_Privacy

lC)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001259
ED_001686C_00001173-00002

 To:

From:
Sent:
Subject:

Walls, Michael[Michael_Walls@americanchemistry.com]
Jackson, Ryan
Fri 6/9/2017 2:58:59 PM
Re: Invitation to speak to ACC Health, Products and Science Policy Committee June 27

Yes

Ryan Jackson
Chief of Staff
U.S. EPA

r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

i Ex. 6 - Personal

Privacy

'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

i

On Jun 9, 2017, at 9:22 AM, Walls, Michael <Michael Walls@arnericanchernistry .com> wrote:

Great! Thanks Ryan. Let me know if you'd like more information.

Art & Soul is located at 415 New Jersey Ave NW, Washington, DC 20001; phone
(202) 393-7777. I can be reached by email or cell that evening : Ex. 6- Personal Privacy
i,•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•

i
I

From: Jackson, Ryan [mailto:jackson .ryan@epa .gov]
Sent: Friday, June 9, 2017 8:34 AM
To: Walls, Michael
Cc: Hupp, Sydney
Subject: Re: Invitation to speak to ACC Health, Products and Science Policy Committee
June 27

Awesome

Ryan Jackson
Chief of Staff
U.S. EPA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001260
ED_001686C_00001174-00001

 .

!

i Ex. 6 - Personal

Privacy

i

t·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·!

On Jun 9, 2017, at 8:24 AM, Walls, Michael <Michael Walls@americanchemistry .com>
wrote:
Ryan, the members of ACC's Health, Products and Science Policy Committee
(our industry's TSCA experts) will be in town on June 27 for their annual
planning meeting. The group will be meeting for drinks and dinner on June 27,
2017, starting at 6 p.m .. We would like to invite you to address the group with
remarks beginning at 6:30 or so. I hope you will be able to join us - I know the
member companies would value having the benefit of your perspective. I
expect about 30 member company representatives to attend. If you can join
us, please let me know. Thanks very much and have a good weekend. Mike
+++++++++++++++++++++++++++++ This message may contain confidential
information and is intended only for the individual named. If you are not the
named addressee do not disseminate, distribute or copy this email. Please
notify the sender immediately by email if you have received this email by
mistake and delete this email from your system. E-mail transmission cannot be
guaranteed to be secure or error-free as information could be intercepted,
corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The
sender therefore does not accept liability for any errors or omissions in the
contents of this message which arise as a result of email transmission.
American Chemistry Council, 700 -2nd Street NE, Washington, DC 20002,
www.americanchemist ry.com

+++++++++++++++++++++++++++++
This message may contain confidential
information and is intended only for the individual named. If you are not the named
addressee do not disseminate, distribute or copy this email. Please notify the sender
immediately by email if you have received this email by mistake and delete this email from
your system. E-mail transmission cannot be guaranteed to be secure or error-free as
information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or
contain viruses. The sender therefore does not accept liability for any errors or omissions in
the contents of this message which arise as a result of email transmission. American
Chemistry Council, 700 - 2nd Street NE, Washington, DC 20002,
www .americanchemistry .com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001261
ED_001686C_00001174-00002

 To:
Cc:

From:
Sent:
Subject:

Desmarie Waterhouse[dwaterhouse@publicpower.org]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, Ryan
Thur 6/8/2017 4:37:12 PM
Re: Public power CEO

The meeting is at 1pm in the green room in the Administrator's suite. They should plan to be
there by 12:45 to get through security. It's a straight shot. We'll have people in the lobby
helping usher people up. We are not announcing to the press. It's a closed stakeholder meeting
to get honest input. What should be next on 111 if anything and are there other opportunities to
get regulatory certainty.

Ryan Jackson
Chief of Staff
U.S. EPA

i Ex. 6 - Personal Privacy i
i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

On Jun 8, 2017, at 8:30 AM, Desmarie Waterhouse <dwaterhouse@pub licpower.org > wrote:

Some are just logistical:
Where will the meeting be? By what time do you want CEOs there to get through security?
Will the meeting be announced to the press?
I have three CEOs confirmed that they can go. We have one more we are waiting to hear
back from. Is giving you their names, titles, and organizations enough or do you need their
contact info?
Is there anything you need from us? Almost all of the staff will be in Orlando for our
National Conference. I leave for that next Friday.
We really appreciate the outreach and want to thank you again for the invitation to
participate.

Sent from my

-------- Original message -------From: "Gunasekara, Mandy" <Gunasekara .Mandy@epa .gov>
Date: 6/8/17 12:49 AM (GMT-05:00)
To: Desmarie Waterhouse <dwaterhouse@publicpower.org >
Cc: "Jackson, Ryan" <jackson .ryan@epa .gov>

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001262
ED_001686C_00001176-00001

 Subject: Re: Public power CEO
Hi Desmarie,
I'm out of the country until Tuesday and Ryan is en route this morning. We are working out
the final agenda for the 19th starting at I pm.
Can you email your specific questions for now?
Best,
Mandy
Sent from my iPhone
On Jun 7, 2017, at 5:06 PM, Desmarie Waterhouse <dwaterhouse@publicpower.org >
wrote:

Ryan and Mandy:

Do either of you have time to talk today about the roundtable? I have a couple of
questions on logistics, etc. Shouldn't take more than five to ten minutes.

Thanks.

Des

From: Jackson, Ryan [mailto:iackson.ryan@epa.gov ]
Sent: Tuesday, June 6, 2017 6:04 PM
To: Desmarie Waterhouse <dwaterhouse@publicpower.org >
Cc: Gunasekara, Mandy <Gunasekara.Mandy@epa .gov>;
!-·-·-·-·-·-·-·-Ex~--s·:·-M·~-cataniaro~--Eff
P·-·-·-·-·-·-·-·1
Schwab, Justin <schwab .j usti n@epa .gov>; Hupp,
Sydney <hupp.svdney@epa .gov>; Dominguez, Alexander
<dominguez.a lexander@epa .gov>
Subject: Re: Public power CEO

Thank you.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001263
ED_001686C_00001176-00002

 Ryan Jackson
Chief of Staff
U.S. EPA
i Ex. 6 - Personal Privacy !
··-·,-·-·-·-·-:,·-·-·-·-·-·-·-·-·-·-·-·-· .

On Jun 6, 2017, at 5:21 PM, Desmarie Waterhouse <dwate rhouse@publicpower.org >
wrote:
Ryan:

I just heard back from one of our CEOs that can attend. Tom Heller, the
President and CEO of Missouri River Energy Services (MRES), a joint action
agency that serves 60 public power utilities in four states (ND, SD, MN, and IA)
is available to attend the meeting. He will come to D.C. and miss our National
Conference to be at the roundtable.

Please let me know what the next steps are - should I send you his contact info or
is there info I should relay to him about the meeting?

Thanks so much.

Des

Desmarie M. Waterhouse
Vice President of Government Relations & Counsel
American Public Power Association
2451 Crystal Dr., Ste. 1000

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001264
ED_001686C_00001176-00003

 Arlington, VA 22202
202-467-2930 (w)
'

;

!

Ex. 6 - Personal Privacy

! (c)

L·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001265
ED_001686C_00001176-00004

 To:
Cc:

From:
Sent:
Subject:

Hale, Michelle[hale.michelle@epa.gov]
mjunk@cityoftulsa.org[mjunk@cityoftulsa.org]
Jackson, Ryan
Thur 6/8/2017 8:46:47 AM
Re: additional portraits

Great deal.

We've landed in Rome.

Ryan Jackson
Chief of Staff
U.S. EPA
[_Ex. 6 _-_Personal_Privacy_:

On Jun 7, 2017, at 5:43 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

Just the Portrait Gallery -- they had the Henry Clay. So, yes, we still are getting the
landscapes.
Sent from my iPhone
On Jun 7, 2017, at 4:35 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Damn it.
Junk, can you help us with Gilcrease?

Ryan Jackson
Chief of Staff
U.S.
EPA
. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
:. Ex._6 - _Personal_Privacy_j

On Jun 7, 2017, at 4:32 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Wednesday, June 7, 2017 4:30 PM
To: Hale, Michelle <hale.michelle@epa .gov>
Cc: Kelly, Claire <KellyC@si .edu>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001266
ED_001686C_00001177-00001

 Hi Michelle,

What a busy time! Sorry for the delay but the Chief curator was out as I mentioned, and
then in a meeting all day Tuesday.

So, the bottom line is this - we have been bombarded with requests from the new
administration for portraits and after discussing with the curators have decided to limit the
number of objects on loan to any "high-ranking governmen t official" to two. We also need
to make sure that we have object s availa ble for our own exhibition needs and a long-term
loan of four years can be a constraint.

I hope the Adminis trator enjoys the portraits he has and I am sorry for the bad news.

Beth

From: Hale, Michelle [mailto:ha lc.rnichelle@epa .gov]
Sent: Monday, June 05, 2017 10:32 AM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

Hi, Beth, any word?

From: Isaacson, Beth [mailto:Isaacso nB@si .edu]
Sent: Friday, May 26, 2017 3:40 PM
To: Hale, Michelle <hale.rniche lle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

Hi Michelle,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001267
ED_001686C_00001177-00002

 We may have a Henry Clay in storage but I do not know the condition of the painting.
The chief curator is out until the first week in June so this will have to wait until she
returns.

Have a good holiday weekend,
Beth

From: Hale, Michelle [mailto:hale.michclle@epa .gov]
Sent: Thursday, May 25, 2017 5:21 PM
To: Isaacson, Beth <Isaacson B@si.edu >
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: Re: additional portraits

How about Henry Clay?
Sent from my iPhone
On May 25, 2017, at 4:54 PM, Isaacson, Beth <IsaacsonB@si .edu> wrote:
Hi Michelle,

I j ust heard from our chief curator and she is not willing to lend Sir Winston Churchill
right now because she is not sure when we might need him again for our exhibition
purposes.

Beth

From: Hale, Michelle [mailto:hale.miche lle@epa .gov]
Sent: Thursday, May 25, 2017 4:06 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001268
ED_001686C_00001177-00003

 If we get another one - we will hang it on the wall farthest from the windows
- I remember we can't hang anything over the fireplace due to the lighting.

From: Isaacson, Beth [mailto:IsaacsonB@si .edu]
Sent: Thursday, May 25, 2017 4:02 PM
To: Hale, Michelle <hale.michelle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

One Daniel Boone in on display here in the gallery and the other is on a long-term
loan already.

We only have the one painting of Winston Churchill so I will have to check on that
with the curators and historians and let you know.

Where wo uld you put the painting? If I recall correctly we have issues with too
much light in the office ...

From: Hale, Michelle [mailto:ha 1e.miche 11e@epa .gov]
Sent: Thursday, May 25, 2017 3:50 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

I see that there are several Daniel Boone and Winston Churchill portraits.
Are they available for loan?

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Thursday, May 25, 2017 3:47 PM
To: Hale, Michelle <ha1e.miche 11e@epa .gov>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001269
ED_001686C_00001177-00004

 Hi Michelle,

We do not have a limit, per se, but we have had many requests with the change of
administration so we are running out of paintings.© That being said, we do not
have a selection of portraits in a "lending program" -you would either have to give
me names or look up on our website http://npq.si.edu/portraits to search for
portraits. We do not lend photographs, prints or drawings (actually any work on
paper) and we do not lend objects on view here at the gallery.

Let me know what you want to do,
Beth

<image00l.png>

Beth Isaacson

ExhibitionAssistant
Smithsonian
National Portrait Gallery

lsaacsonB@si.edu

I

202.633.8282

Mailing Address
MRC 973
PO Box 37012
Washington, DC 20013-7012

Street Address

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001270
ED_001686C_00001177-00005

 750 Ninth Street NW, Suite 410
Washington, DC 20001

<image002.png> <image003.png> <image004.png> <image005.png>

From: Hale, Michelle [mailto:ha 1e.miche1le@epa .gov]
Sent: Thursday, May 25, 2017 3:25 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: additional portraits

Beth,

Could you let me know what the limit is on portraits that we can obtain from
the National Portrait Gallery? We love the Marshall and Monroe and would
like to get some more if possible and if available. Do you have a list of the
portraits that are available in your lending program?

Michelle Hale
Executive Assistant to the Administrator
Environmental Protection Agency
1200 Pennsylvania Ave., NW,

WJCS, Suite 3000
Washington, D. C. 20460
(202) 564-1430

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001271
ED_001686C_00001177-00006

 Confidentiality Warning: This message and any attachments are intended only for
the use of the recipient(s), are confidential, and may be privileged. If you are not the
intended recipient, you are hereby notified that any review, retransmission,
conversion to hard copy, copying, circulation or other use of all or any portion of this
message and any attachments is strictly prohibited. If you are not the intended
recipient, please notify the sender immediately by return email and delete this
message and any attachments from your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001272
ED_001686C_00001177-00007

 Hale, Michelle[hale.michelle@epa.gov]
mjunk@cityoftulsa.org[mjunk@cityoftulsa.org]
Jackson, Ryan
Wed 6/7/2017 10:18:09 PM
Re: additional portraits

To:
Cc:

From:
Sent:
Subject:

Oh good. I thought we were not getting those. The landscapes will be nice.
False alarm. I thought we were getting nothing else. We are good.

Sorry, Michael.

Ryan Jackson
Chief of Staff
U.S. EPA

.-•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··
i Ex. 6 - Personal Privacy

!

·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

On Jun 7, 2017, at 5:43 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

Just the Portrait Gallery -- they had the Henry Clay. So, yes, we still are getting the
landscapes.
Sent from my iPhone
On Jun 7, 2017, at 4:35 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Damn it.
Junk, can you help us with Gilcrease?

Ryan Jackson
Chief of Staff
U.S. EPA
:._Ex. 6 _-_Personal_
Privacy__:

On Jun 7, 2017, at 4:32 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Wednesday, June 7, 2017 4:30 PM
To: Hale, Michelle <ha1e.miche11e@epa.gov>
Cc: Kelly, Claire <KellyC@si .edu>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001273
ED_001686C_00001178-00001

 Hi Michelle,

What a busy time! Sorry for the delay but the Chief curator was out as I mentioned, and
then in a meeting all day Tuesday.

So, the bottom line is this - we have been bombarded with requests from the new
administration for portraits and after discussi ng with the curators have decided to limit the
number of objects on loan to any "high-ranking governmen t official" to two. We also need
to make sure that we have objects availa ble for our own exhibition needs and a long-term
loan of four years can be a constraint.

I hope the Ad ministrator enjoys the portraits he has and I am sorry for the bad news.

Beth

From: Hale, Michelle [mailto:halc .rnichelle@epa .gov]
Sent: Monday, June 05, 2017 10:32 AM
To: Isaacson, Beth <Isaacson B@si .edu>
Subject: RE: additional portraits

Hi, Beth, any word?

From: Isaacson, Beth [mailto:Isaacso nB@si .edu]
Sent: Friday, May 26, 2017 3:40 PM
To: Hale, Michelle <hale.rniche lle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

Hi Michelle,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001274
ED_001686C_00001178-00002

 We may have a Henry Clay in storage but I do not know the condition of the painting.
The chief curator is out until the first week in June so this will have to wait until she
returns.

Have a good holiday weekend,
Beth

From: Hale, Michelle [mailto:hale.michclle@epa .gov]
Sent: Thursday, May 25, 2017 5:21 PM
To: Isaacson, Beth <Isaacson B@si.edu >
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: Re: additional portraits

How about Henry Clay?
Sent from my iPhone
On May 25, 2017, at 4:54 PM, Isaacson, Beth <IsaacsonB@si .edu> wrote:
Hi Michelle,

I j ust heard from our chief curator and she is not willing to lend Sir Winston Churchill
right now because she is not sure when we might need him again for our exhibition
purposes.

Beth

From: Hale, Michelle [mailto:hale.miche lle@epa .gov]
Sent: Thursday, May 25, 2017 4:06 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001275
ED_001686C_00001178-00003

 If we get another one - we will hang it on the wall farthest from the windows
- I remember we can't hang anything over the fireplace due to the lighting.

From: Isaacson, Beth [mailto:IsaacsonB@si .edu]
Sent: Thursday, May 25, 2017 4:02 PM
To: Hale, Michelle <hale.michelle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

One Daniel Boone in on display here in the gallery and the other is on a long-term
loan already.

We only have the one painting of Winston Churchill so I will have to check on that
with the curators and historians and let you know.

Where wo uld you put the painting? If I recall correctly we have issues with too
much light in the office ...

From: Hale, Michelle [mailto:ha 1e.miche 11e@epa .gov]
Sent: Thursday, May 25, 2017 3:50 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

I see that there are several Daniel Boone and Winston Churchill portraits.
Are they available for loan?

From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Thursday, May 25, 2017 3:47 PM
To: Hale, Michelle <ha1e.miche 11e@epa .gov>
Subject: RE: additional portraits

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001276
ED_001686C_00001178-00004

 Hi Michelle,

We do not have a limit, per se, but we have had many requests with the change of
administration so we are running out of paintings.© That being said, we do not
have a selection of portraits in a "lending program" -you would either have to give
me names or look up on our website http://npq.si.edu/portraits to search for
portraits. We do not lend photographs, prints or drawings (actually any work on
paper) and we do not lend objects on view here at the gallery.

Let me know what you want to do,
Beth

<image00l.png>

Beth Isaacson

ExhibitionAssistant
Smithsonian
National Portrait Gallery

lsaacsonB@si.edu

I

202.633.8282

Mailing Address
MRC 973
PO Box 37012
Washington, DC 20013-7012

Street Address

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001277
ED_001686C_00001178-00005

 750 Ninth Street NW, Suite 410
Washington, DC 20001

<image002.png> <image003.png> <image004.png> <image005.png>

From: Hale, Michelle [mailto:ha 1e.miche1le@epa .gov]
Sent: Thursday, May 25, 2017 3:25 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: additional portraits

Beth,

Could you let me know what the limit is on portraits that we can obtain from
the National Portrait Gallery? We love the Marshall and Monroe and would
like to get some more if possible and if available. Do you have a list of the
portraits that are available in your lending program?

Michelle Hale
Executive Assistant to the Administrator
Environmental Protection Agency
1200 Pennsylvania Ave., NW,

WJCS, Suite 3000
Washington, D. C. 20460
(202) 564-1430

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001278
ED_001686C_00001178-00006

 Confidentiality Warning: This message and any attachments are intended only for
the use of the recipient(s), are confidential, and may be privileged. If you are not the
intended recipient, you are hereby notified that any review, retransmission,
conversion to hard copy, copying, circulation or other use of all or any portion of this
message and any attachments is strictly prohibited. If you are not the intended
recipient, please notify the sender immediately by return email and delete this
message and any attachments from your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001279
ED_001686C_00001178-00007

 Hale, Michelle[hale.michelle@epa.gov]; mjunk@cityoftulsa.org[mjunk@cityoftulsa.org]
Jackson, Ryan
Wed 6/7/2017 9:12:53 PM
Re: additional portraits

To:

From:
Sent:
Subject:

Oh oh wait so we can still get the 3 more?
I misunderstood. I think.

Ryan Jackson
Chief of Staff
U.S.
EPA
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
i Ex. 6 - Personal

Privacy

!

L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

On Jun 7, 2017, at 4:41 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

And remember we have 3 landscapes coming from the other Smithsonian facility.

From: Jackson, Ryan
Sent: Wednesday, June 7, 2017 4:35 PM
To: Hale, Michelle <hale .michelle@epa .gov>; mjunk@cityoftulsa .org
Subject: Re: additional portraits

Damn it.

Junk, can you help us with Gilcrease?

Ryan Jackson
Chief of Staff
U.S. EPA
!_Ex. _6 -

Personal Privacy!

On Jun 7, 2017, at 4:32 PM, Hale, Michelle <hale.michelle@epa .gov> wrote:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001280
ED_001686C_00001179-00001

 From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Wednesday, June 7, 2017 4:30 PM
To: Hale, Michelle <ha1e.miche11e@epa.gov>
Cc: Kelly, Claire <KellyC@si .edu>
Subject: RE: additional portraits

Hi Michelle,

What a busy time! Sorry for the delay but the Chief curator was out as I mentioned, and then
in a meeting all day Tuesday.

So, the bottom line is this - we have been bombarded with requests from the new
administration for portraits and after discussing with the curators have decided to limit the
number of objects on loan to any "high-ranking government official" to two. We also need to
make sure that we have objects available for our own exhibition needs and a long-term loan of
four years can be a constraint.

I hope the Administrato r enjoys the portraits he has and I am sorry for the bad news.

Beth

From: Hale, Michelle [mailto:ha le.michelle@epa .gov]
Sent: Monday, June 05, 2017 10:32 AM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

Hi, Beth, any word?

From: Isaacson, Beth [mailto:IsaacsonB@si .edu]
Sent: Friday, May 26, 2017 3:40 PM

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001281
ED_001686C_00001179-00002

 To: Hale, Michelle <hale.michelle@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

Hi Michelle,

We may have a Henry Clay in storage but I do not know the condition of the painting. The
chief curator is out until the first week in June so this will have to wait until she returns.

Have a good holiday weekend,
Beth

From: Hale, Michelle [mailt o:hale.michc lle@epa .gov]
Sent: Thursday, May 25, 2017 5:21 PM
To: Isaacson, Beth <IsaacsonB@si.edu >
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: Re: additional portraits

How about Henry Clay?
Sent from my iPhone
On May 25, 2017, at 4:54 PM, Isaacson, Beth <IsaacsonB@si .edu> wrote:
Hi Michelle,

I j ust heard from our chief curator and she is not willing to lend Sir Winston Churchill right
now because she is not sure when we might need him again for our exhibition purposes.

Beth

From: Hale, Michelle [mailto:ha le.michelle@epa .gov]

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001282
ED_001686C_00001179-00003

 Sent: Thursday, May 25, 2017 4:06 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: RE: additional portraits

If we get another one - we will hang it on the wall farthest from the windows - I
remember we can't hang anything over the fireplace due to the lighting.

From: Isaacson, Beth [mailto:IsaacsonB@si .edu]
Sent: Thursday, May 25, 2017 4:02 PM
To: Hale, Michelle <hale.michellc@epa .gov>
Cc: Grimsley, Molly <GrimsleyM@si .edu>
Subject: RE: additional portraits

One Daniel Boone in on display here in the galle ry and the othe r is on a long-term loan
already .

We only have the one painting of Winston Churchill so I will have to check on that with
the curators and historians and let you know.

Where would you put the painting? If I recall correctly we have issues with too much light
in the office ...

From: Hale, Michelle [mailto :hale .michelle @epa .gov]
Sent: Thursday, May 25, 2017 3:50 PM
To: Isaacson, Beth <IsaacsonB @si.edu>
Subject: RE: additional portraits

I see that there are several Daniel Boone and Winston Churchill portraits. Are
they available for loan?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001283
ED_001686C_00001179-00004

 From: Isaacson, Beth [mailto:IsaacsonB@si.edu ]
Sent: Thursday, May 25, 2017 3:47 PM
To: Hale, Michelle <hale.michelle@epa .gov>
Subject: RE: additional portraits

Hi Michelle,

We do not have a limit, per se, but we have had many requests with the change of
administration so we are running out of paintings.© That being said, we do not have a
selection of portraits in a "lending program" -you would either have to give me names or
look up on our website http://npg.si.edu/portrai ts to search for portraits. We do not lend
photographs, prints or drawings (actually any work on paper) and we do not lend objects
on view here at the gallery.

Let me know what you want to do,
Beth

<image00l.png>

Beth Isaacson

Exhibition Assistant
Smithsonian
National Portrait Gallery

lsaacsonB@si.edu

I

202.633.8282

Mailing Address
MRC 973

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001284
ED_001686C_00001179-00005

 PO Box 37012
Washington, DC 20013-7012

Street Address
750 Ninth Street NW, Suite 410
Washington, DC 20001

<image002.png> <image003.png> <image004.png> <image005.png>

From: Hale, Michelle [mailto:ha1e.miche1le@epa.gov]
Sent: Thursday, May 25, 2017 3:25 PM
To: Isaacson, Beth <IsaacsonB@si .edu>
Subject: additional portraits

Beth,

Could you let me know what the limit is on portraits that we can obtain from the
National Portrait Gallery? We love the Marshall and Monroe and would like to
get some more if possible and if available. Do you have a list of the portraits that
are available in your lending program?

Michelle Hale
Executive Assistant to the Administrator
Environmental Protection Agency
1200 Pennsylvania Ave., NW,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001285
ED_001686C_00001179-00006

 WJCS, Suite 3000
Washington, D. C. 20460
(202) 564-1430

Confidentiality Warning: This message and any attachments are intended only for the
use of the recipient(s), are confidential, and may be privileged. If you are not the intended
recipient, you are hereby notified that any review, retransmission, conversion to hard
copy, copying, circulation or other use of all or any portion of this message and any
attachments is strictly prohibited. If you are not the intended recipient, please notify the
sender immediately by return email and delete this message and any attachments from
your system.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001286
ED_001686C_00001179-00007

 To:

From:
Sent:
Subject:

Ariel Emanuel[AEmanuel@wmeentertainment.com]
Jackson, Ryan
Wed 6/7/2017 6:07:33 PM
Re:

I don't know how you get around the ICI conversion. However I'm in Cincinnati presently with
the Administrator and will be in Italy at the G7 for the remainder of the week.

Ryan Jackson
Chief of Staff
U.S. EPA

l

Ex.

s_- Personal_ Privacy !

On Jun 7, 2017, at 12: 11 PM, Ariel Emanuel <AErnanue l@wrneentertainrnent.com > wrote:

Anything going on?
Ariel Emanuel I WME
; .AEmanuel@~meentertainment.com
LEx._6_-Personal Privacy_!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001287
ED_001686C_00001183-00001

 To:
Cc:

Desmarie Waterhouse[dwaterhouse@publicpower.org]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov];

L.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·Ex. 6_- Michael Catanzaro,_ EOP -·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· (

Justin[schwab.justin@epa.gov]; Hupp, Sydney[hupp.sydney@epa.gov]
From:
Jackson, Ryan
Sent:
Tue 6/6/2017 9:10:08 PM
Subject: Re: Roundtable June 19

Schwab,

Thanks.

Ryan Jackson
Chief of Staff
..U.S. __
EPA-·-·-·-·-·-·-·-·-·-··

i Ex. 6 - Personal

Privacy

i

i..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

On Jun 6, 2017, at 4:53 PM, Desmarie Waterhouse <dwaterhouse@pub licpower.org > wrote:

Ryan:

APPA has its National Conference in Orlando on June 19. I have reached out to three
CEOs to see if they can come to D.C. for the event. As soon as I confirm they can do it, I
will follow back up with you. Sue Kelly, our CEO, will not be available given our event is
at the same time.

Thanks for the invite. Will be back in touch soon.

Des

From: Jackson, Ryan [mailto:jackson .ryan@epa .gov]
Sent: Sunday, June 4, 2017 2:20 PM
To: Jackson, Ryan <jackson.ryan@epa.gQY >
Cc: Gunasekara, Mandy <Gunasckara. Mandy@epa.gov >; Catanzaro, Michael J.
EOP/WHO L._
______
Ex._6_-_Michael_Catanzaro,_EOP ________
r;Schwab, Justin
<schwab.iustin@epa.gov >; Hupp, Sydney <hupp .sydney@epa .gov>
Subject: Roundtable June 19

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001288
ED_001686C_00001191-00001

 All --

Thank you for your interest, participation, and your help in coordinating your trade
association members' participation in the round table with US EPA Administrator Scott
Prnitt to discuss a regulatory path forward for the utility sector. Having an open and robust
dialogue with the regulated community is a foundational component of setting meaningful
and balanced environmental standards. We look forward to learning more about your
perspective as the utility sector not only powers our economic growth, but is also at the
forefront of developing a more efficient and cleaner energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green
Room in the Administrator's Suite. We will follow up with an official agenda in the
coming days. We have received a number ofRSVP's and appreciate that. Please confirm
your attendance or the attendance of your trade association members by June 12. Should
you have any questions, please email or call at[~~:~(:~f-~rj~-~-~~tri~a._iiJ

Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
[ Ex._6_-_Personal_Privacy]

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001289
ED_001686C_00001191-00002

 To:

From:
Sent:
Subject:

George D. Baker[gdbaker@wms-jen.com]
Jackson, Ryan
Tue 6/6/2017 3:21 :39 PM
Re: RE:

We are just looking for an honest conversation.

Ryan Jackson
Chief of Staff
U.S. EPA

ii..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j
Ex. 6 - Personal Privacy :
On Jun 6, 2017, at 10:47 AM, George D. Baker <gdbaker@wrns-jen .com> wrote:

Understood. Sean had hoped to provide you a pre-brief as to where the utility group's
recommendations were heading and to make sure the group was addressing the matters the
Administrator wanted addressed in the June sit-down. That said, given the press of your
schedule Sean will most certainly understand the situation. We will stand prepared to
participate on the 19th. Great thanks. Go get 'em!
George Baker
-----Original Message----From: Jackson, Ryan [mailto:iackson.ryan@epa .gov]
Sent: Tuesday, June 06, 2017 10:01 AM
To: George D. Baker
Subject:
George, I have a ton of things going on with ensuring Pruitt is taken care of and planning
for an overseas trip. Why is this call necessary? I appreciate him coming June 19. Let's roll
with that.

Ryan Jackson
Chief of Staff
U.S. EPA

i Ex. 6 - Personal Privacy :
•·,::-·-·-·-··
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Discla imer
T his message, an d any attachments to it, are from Williams & Jensen, PLLC and are intended only for the
addressee. Informat ion contained herein is confident ial , privileged and exempt f rom disclosure pu rsua nt to
applicable federal or state law. If the reader of this message is not the intended recipient, you are not ified
that any use, dissemination, distribution, copying or communication of this message is st rictly prohibited. If
you have received this message in error, please notify the sender immediate ly by return email and delete the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001290
ED_001686C_00001192-00001

 message and any attachments.

you

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001291
ED_001686C_00001192-00002

 To:
Cc:

From:
Sent:
Subject:

rjmartin@alphanr.com[rjmartin@alphanr.com]
Greenwalt, Sarah[greenwalt.sarah@epa.gov]
Jackson, Ryan
Mon 6/5/2017 1 :25:47 PM
CWA permits

Jay, can you send us information on the CW A permits your working with the Agency to get?

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
.--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.
i

!i

!

Ex. 6 - Personal Privacy

i!

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001292
ED_001686C_00001196-00001

 To:
Hall, Martin L[mlhall@firstenergycorp.com]
Cc:
Michael Catanzaror·-·-·-·-·-·-·-·-Ex:-s·:·pe-rsonal·-Privacy·-·-·-·-·-·-·-·-·:
Gu nase kara,
Mandy[Gunase kara. Mandy@epa.gov]
From:
Jackson, Ryan
Sent:
Mon 6/5/2017 1 :53:30 AM
Subject: Re: *EXTERNAL* Roundtable June 19

Thx.

Ryan Jackson
Chief of Staff
U.S. EPA

L.~X·
6. -.~ersonal_ Privacy __!
On Jun 4, 2017, at 6:35 PM, Hall, Martin L <rnlhall@firstenergycorp .com> wrote:

Ryan,
I confirmed with with Chuck Jones (FE CEO) and he is reworking his schedule so that he
can participate.
Thanks,
Marty
On Jun 4, 2017, at 2:19 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

All --

Thank you for your interest, participation, and your help in coordinating your trade
association members' participation in the round table with US EPA Administrator
Scott Pruitt to discuss a regulatory path forward for the utility sector. Having an open
and robust dialogue with the regulated community is a foundational component of
setting meaningful and balanced environmental standards. We look forward to
learning more about your perspective as the utility sector not only powers our
economic growth, but is also at the forefront of developing a more efficient and cleaner
energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green
Room in the Administrator's Suite. We will follow up with an official agenda in the
corning days. We have received a number ofRSVP's and appreciate that. Please
confirm your attendance or the attendance of your trade association members by June

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001293
ED_001686C_00001197-00001

 12. Should you have any questions, please email or call at l.~~~-~-:.:.~-~s_o_n.'.'~.:.~i~-~:Y_j

Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency

l__s_Ex.

i

Personal_Privacy__

The information contained in this message is intended only for the personal and
confidential use of the recipient(s) named above. If the reader of this message is not
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AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001294
ED_001686C_00001197-00002

 To:
Cc:

From:
Sent:
Subject:

Alexandra Dunn[adunn@ecos.org]
Gunasekara, Mandy[Gunasekara.Mandy@epa.gov]
Jackson, Ryan
Sun 6/4/2017 8:31 :04 PM
Re: Roundtable June 19

I just wanted to put it initially on your radar so you know and know it's part of a kind of series of
meetings. We'll get back in touch with you.

Ryan Jackson
Chief of Staff
U.S.
EPA
.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

iL.-,._
Ex. 6 - Personal Privacy !
---·-•-•-:,.•-·-·-·-·-·-·-·-·-·-·-·-·-·
.

On Jun 4, 2017, at 4:24 PM, Alexandra Dapolito Dunn <adunn@ecos .org> wrote:

Sounds great. We have a 3.5 hour meeting at HQ for the ECOS leadership - July 18 already have the Green Room held and a half hour of the Administrator's time. How long
would you want for this conversation? I'm sure we could fit it into this agenda quite well the agenda is not set yet. Who would you like me to follow up with?
Sent from my iPhone
On Jun 4, 2017, at 2:49 PM, Jackson, Ryan <jackson .ryan@epa .gov> wrote:

Alex, attached is an invite I sent to utilities to invite them to a roundtable to discuss
next steps after the CPP. I would like to incorporate something like this into the July
ECOS meeting if that makes sense. Let me know when would be convenient to talk
about that. We can hold it wherever you're holding the ECOS meeting instead of at
the EPA, of course, as well.

From: Jackson, Ryan
Sent: Sunday, June 4, 2017 2:20 PM
To: Jackson, Ryan <iackson .ryan@epa .gov>
Cc: Gunasekara, Mandy <Gunasekara .Mandy@epa.gov >; 'Catanzaro, Michael J.
.............
Ex._6 _- _Personal_
Privacy ............
..J;Schwab, Justin
EO P/WHO' 1..
<schwab.iust in@epa.gov >; Hupp, Sydney <hupp .sydney@epa .gov>
Subject: Roundtable June 19

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001295
ED_001686C_00001198-00001

 All --

Thank you for your interest, participation, and your help in coordinating your trade
association members' participation in the round table with US EPA Administrator
Scott Pruitt to discuss a regulatory path forward for the utility sector. Having an open
and robust dialogue with the regulated community is a foundational component of
setting meaningful and balanced environmental standards. We look forward to
learning more about your perspective as the utility sector not only powers our
economic growth, but is also at the forefront of developing a more efficient and cleaner
energy future.

The roundtable will start at 1 pm on June 19 at the US EPA headquarters in the Green
Room in the Administrator's Suite. We will follow up with an official agenda in the
coming days. We have received a number ofRSVP's and appreciate that. Please
confirm your attendance or the attendance of your trade association
members by June
r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1
12. Should you have any questions, please email or call at !__
Ex. 6 - Personal Privacy _i

Sincerely,

Ryan

Ryan Jackson
Chief of Staff
U.S. Environmental Protection Agency
.-•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i
i

!i Ex. 6 - Personal

Privacy

!

i

i-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-j

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001296
ED_001686C_00001198-00002

 Reeder, John[Reeder.John@epa.gov]
Korn Ferry PROFILOR
Tue 6/13/2017 9:17:39 AM
SURVEY DUE DATE PASSED REMINDER: Feedback for George Hull

To:

From:
Sent:
Subject:

Your recommended survey due date has passed. If you take action now your feedback can be included in
the participant's report.
If you experience any difficulty getting to the Internet, please contact your internal help desk. For any
other technical problems, please send an e-mail to KornFerry_support@datasltn.com.
To complete and submit your confidential survey, please go to this web site:
l___________________________________________
Ex. 6 - Personal. Privacy·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-___:

User ID:

LEx.6-PersonalPrivacyj

p•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

Password:

l.

Ex. 6 - Personal Privacy_:

--- Email Number 01868500460004501870005391484069326796notify_raters_OS
--- Sent To reeder.john@epa.gov ---

---

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001297
ED_001686C _00001216-00001

 To:
From:
Sent:
Subject:

PMAGList@lists.prograde.net[PMAGList@lists.prograde.net]
pmaglist-bounces@lists.prograde.net
Tue 6/13/2017 2:33:45 AM
[PMAGList] Check out this HHS video featuring a Presidential

Management Fellow

Alum
A TT0000 1.txt

Recently, the Department of Health and Human Service (HHS) launched a new a multipart video series featuring employee stories of service, dedication and discovery. The
campaign, called / Am HHS, shines a spotlight on individuals and their commitment to
the mission of HHS. The most recent employee story highlights Michael Sauers, who
works at the U.S. Food and Drug Administration leading the Advertising and Promotion
Policy team in the Office of Prescription Drug Promotion. In addition to his work at
FDA, Michael is also a proud Presidential Management Fellow alum (2003-2005)! Watch
and Read Michael's Story - #IAmHHS: Fighting Misleading Prescription Drug Ad Claims

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001298
ED_ 001686C _ 0000 1226-00001

 Do not post admin requests to the list. They will be ignored.
To manage your subscription to this list visit:
http://lists.prograde.net/mailman/listinfo/pmaglist

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001299
ED_ 001686C _ OOOO
1227-00001

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
CyberSat Summit
Wed 6/14/2017 6:24:10 PM
2 WEEKS LEFT I Early Bird Deadline

Protect Against Cyber Threats
During this 2 day event, get strategic insights from leading cybersecurity experts and
satellite industry executives about best practices for achieving end-to -end protection
within the entire satellite ecosystem .

You are running out of time to
save up to $150 on registration

This is an event you don't want to miss!
Learn more about CYlwrSat Summit 2017 and the growing threat of cyber-attacks to the
satellite industry.

Via Satellite •

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Updntc \Iv Preference:, Unsub~cribe.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001300
ED_ 001686C _ OOOO
1232-00001

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Workforce Requirements for Exec Order Workshop
Tue 6/6/2017 2:32:25 PM
[SPAM] Learn from 10 Gov Leaders: Workshop to Implement EO Workforce Requirements

Workforce Requirements
of the President's
Executive Order 13781
Training Workshop
June 28, 2017

Confirmed Speakers
Terry Gerton
President & CEO
National Academy of
Public Administration
(NAPA)

--Bob Corsi
Secretary of Board of
Directors
Senior Executives
Association (SEA)
Former Assistant Deputy
Chief of Staff for
Manpower, Personnel and
Services
Headquarters, U.S. Air
Force

--Rebecca Ayers
Performance Management
Solutions, OPM

--Tom Gilbert
Assistant Director of
Strategic Issues, GAO

--Deb Tomchek
Former Director of Human
Resources (HR)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001301
ED_ 001686C _ OOOO
1246-00001

 Jim Read
Director, Policy and
Evaluation
Merit Systems Protection
Board
Jeffrey Neal
Senior Vice President, ICF
Former CHCO at DLA and
DHS
Lou Kerestesy
Founder & CEO
Govlnnovators
Mika Cross
Federal Workplace Expert

Your Government
Executives,
Managers and Staff
Who Play a Part in Meeting the
Workforce
Requirements
of the
President's
Executive Order

Potomac Forum Training Workshop
The President's Executive Order:

How to Meet the Workforce
Requirements of the
President's Executive Order
13781
Training Workshop
What Federal Executives, Managers,
and Supervisors Need to Know
to Support the Goals of the Executive
Order for
Reforming the Federal Government
and
Reducing the Federal Civilian
Workforce

Date: Thursday, June 28,
2017
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001302
ED_ 001686C _ OOOO
1246-00002

 Location of Workshop:
Willard Intercontinental Hotel
Washington, D.C.
Potomac Forum Training Workshops
are 100% Educational
and NOT Sales or Marketing Events
The Press is Not Permitted to
Encourage
Candid Discussion in our 100%
Learning Environment

Overview:
The president issued an executive order (EO) on March 13, 2017 which
requires agencies to plan and implement long-term workforce reductions
and incorporate the plan as a government-wide workforce priority into
their Agency Strategic Plan and/or Human Capital Operating Plan.
This Potomac Forum training workshop for government will provide
information for agency executives, managers, and staff to respond to the
EO.
Experienced human capital executives and experts will share their insight
and experience in developing and implementing long-term and near-term
workforce management practices that will help attendees understand how
best to improve performance, increase accountability, and reduce costs.
This workshop will provide you with practical, easy-to-implement tools and
resources to help you achieve the best results through your agency's
efforts to restructure, reshape and eliminate inefficient functions to
achieve the goals of EO 13781 while enhancing employee performance to
increase mission efficacy and increase retention.

What You Will Learn:

• A framework to plan for reorganization and functional
consolidation
• Avoiding common pitfalls to managing performance and

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001303
ED_ 001686C _ OOOO
1246-00003

 conduct 1n the modern workplace
• Where to find practical support mechanisms,
resources and
help for managers and supervisors
• How to prepare the workforce for activities in cost cutting,
reshaping, reducing, and reorganization
• Managing change through effective internal and external
communications
• Driving positive outcomes by leveraging the Federal
Employee Viewpoint Survey Results into actionable steps
that help cultivate an inclusive culture designed to retain
top talent and optimize employee potential
Why You Should Attend:

• Learn proven management
strategies to demonstrate
return on investment,
cost savings, and enhanced
management
efficiencies from developing an effective longterm workforce
reduction plan
• Understand how to leverage alternative
service delivery
models and streamline
mission support functions to
provide greater efficiency while improving quality
• Maximize employee performance
by focusing on concrete
steps to increase performance
and effectively
deal with
poor performers
• Optimize employee recognition
programs designed to
recognize, reward and retain top performers
• Build your toolkit for cultivating
a culture of engagement
and accountability
designed to achieve enhanced
organizational
and individual performance
Who Should Attend:

• Federal supervisors
and managers
• Federal HR practitioners
and anyone responsible for
implementing
agency restructuring
plans
• Inspector Generals and Staff
• Federal employees or members of employee affinity groups
• Communications
practitioners
responsible for leading
change management
and internal communications
campaigns
Format:
Lecture,

guest speakers,

and practical

exercises.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001304
ED_ 001686C _ OOOO
1246-00004

 CEUs Awarded

Upon Workshop

Press is NOT Invited

Completion

to Register

"Send-A-Team" Registration

or Attend

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of

The Association

of Government Accountants

Please do not Unsubscribe from this
"Workforce and the EO" Email List
Potomac Forum educational programs address major government
management initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
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organization.
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r

USA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001305
ED_ 001686C _ OOOO
1246-00005

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Chris Johnson
Tue 6/6/2017 12:01 :57 PM
RE: Meeting Availability

Hi John,
I am following up on the email below that I sent you last week. Would you have 10 minutes for a
call in the coming weeks?
Best Regards,
Chris Johnson
General Manager
(843) 971-8499
Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

-----Original Message----From: Chris Johnson[mailto: chris.johnson@2oceanspromotions.com]
Sent: Wednesday, May 31, 2017 8:00 AM
To: John Reeder reeder.john@epa.gov
Subject: Meeting Availability
Hi John,
Business professionals tell me they are too busy and it takes too much time to browse catalogues
and websites to find promotional products, branded merchandise and apparel to use at shows,
events and reward employees or thank customers.
We understand that you require on-brand, in-demand promotional products and apparel that your
customers, prospects and employees will USE and REMEMBER. With more than 25 years of
combined industry experience helping a wide range of businesses from Fortune 50 corporations
to local schools and startups, we will lower your spend, simplify the process and ensure on time
arrival.
Do you have 10 minutes in the upcoming weeks?
Best regards,
Chris Johnson
General Manager
(843) 971-8499

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001306
ED_ 001686C _ OOOO
1265-00001

 Chris .johnson@2oceanspromotions.com
www.2oceanspromotions.com
Offices in Charleston, SC, Washington DC, Augusta GA, Atlanta GA

Update your Profile

I

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This ema il was sent to reeder.john@epa.gov, by Chris.johnson@2oceanspromotions.com.
© Chris Johnson - 565 Galera Lane, Mount Pleasant, SC 29464, US
Delive red by

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001307
ED_ 001686C _ OOOO
1265-00002

 Reeder, John[Reeder.John@epa.gov]
Gov Workforce Performance & Responding to EO
Sent:
Wed 6/14/2017 3:34:27 PM
Subject: [SPAM] June 28th - Now 14 Gov Leaders to Speak: Managing Gov Performance &
Implementing EO Workforce Requirements
To:

From:

Workforce Requirements
of the President's
Executive Order 13781
Training Workshop
June 28, 2017

Confirmed Speakers
Terry Gerton
President & CEO
National Academy of
Public Administration
(NAPA)

--Bob Corsi
Secretary of Board of
Directors
Senior Executives
Association (SEA)
Former Assistant Deputy
Chief of Staff for
Manpower, Personnel and
Services
Headquarters, U.S. Air
Force

--Rebecca Ayers
Performance Management
Solutions, OPM

--Tom Gilbert
Assistant Director of
Strategic Issues, GAO

--Deb Tomchek
Former Director of Human
Resources (HR)

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001308
ED_ 001686C _ OOOO
1267-00001

 Jim Read
Director, Policy and
Evaluation
Merit Systems Protection
Board
Jeffrey Neal
Senior Vice President, ICF
Former CHCO at DLA and
DHS

mprovmg
er ormance Workshop Not For Just Human
Capital Please Review and Forward to
Your Government
Executives,
Managers and Staff
Who Play a Part in Meeting the
Workforce
Requirements
of the
President's
Executive Order

Potomac Forum Training Workshop
Dr. Fred Soto
Supervisory Manager for
Employee Engagement,
Diversity and Veterans
Outreach
Office of Energy
Efficiency and Renewable
Energy
Department of Energy
Kimberly Steide
Program Manager for
Human Capital Planning,
HRSTAT, and Metrics
Department of the
Treasury
Dianne Hawkins
Program Manager,
Personnel Demonstration
Project
U.S. Army Research
Laboratory
Marcus Brownrigg
Strategic Partnership and
Communications
Advisorz
Office of the CEO
Corporation for National

The President's Executive Order:

How to Meet the Workforce
Requirements of the
President's Executive Order
13781
Training Workshop
What Federal Executives, Managers,
and Supervisors Need to Know
to Support the Goals of the Executive
Order for
Reforming the Federal Government
and
Reducing the Federal Civilian
Workforce

Date: Thursday, June 28,
2017
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001309
ED_ 001686C _ OOOO
1267-00002

 ana c.;ommumty ~erv1ce
(CNCS)
Lou Kerestesy
Founder & CEO
Govlnnovators
Mika Cross
Federal Workplace Expert

(fU;jJ

blj;j-ltn;j

info@PotomacForum.org

Location of Workshop:
Willard Intercontinental Hotel
Washington, D.C.
Potomac Forum Training Workshops
are 100% Educational
and NOT Sales or Marketing Events
The Press is Not Permitted to
Encourage
Candid Discussion in our 100%
Learning Environment

Who Should Attend:
• Federal supervisors and managers
• Federal HR practitioners and anyone
responsible for implementing agency
restructuring plans
• Inspector Generals and Staff
• Federal employees or members of
employee affinity groups
• Communications practitioners
responsible for leading change
management and internal
communications campaigns

Overview:
The president issued an executive order (EO) on March 13, 2017 which
requires agencies to plan and implement long-term workforce reductions
and incorporate the plan as a government-wide workforce priority into
their Agency Strategic Plan and/or Human Capital Operating Plan.
This Potomac Forum training workshop for government will provide
information for agency executives, managers, and staff to respond to the
EO.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001310
ED_ 001686C _ OOOO
1267-00003

 Experienced human capital executives and experts will share their insight
and experience in developing and implementing long-term and near-term
workforce management practices that will help attendees understand how
best to improve performance, increase accountability, and reduce costs.
This workshop will provide you with practical, easy-to-implement tools and
resources to help you achieve the best results through your agency's
efforts to restructure, reshape and eliminate inefficient functions to
achieve the goals of EO 13781 while enhancing employee performance to
increase mission efficacy and increase retention.

What You Will Learn:

• A framework
to plan for reorganization
and functional
consolidation
• Avoiding common pitfalls to managing performance
and
conduct in the modern workplace
• Where to find practical support mechanisms,
resources and
help for managers and supervisors
• How to prepare the workforce for activities in cost cutting,
reshaping, reducing, and reorganization
• Managing change through effective internal and external
communications
• Driving positive outcomes by leveraging the Federal
Employee Viewpoint Survey Results into actionable steps
that help cultivate an inclusive culture designed to retain
top talent and optimize employee potential
Why You Should Attend:
• Learn proven management
strategies to demonstrate
return on investment,
cost savings, and enhanced
management
efficiencies from developing an effective longterm workforce
reduction plan
• Understand how to leverage alternative
service delivery
models and streamline
mission support functions to
provide greater efficiency while improving quality
• Maximize employee performance
by focusing on concrete
steps to increase performance
and effectively
deal with
poor performers
• Optimize employee recognition
programs designed to
recognize, reward and retain top performers
• Build your toolkit for cultivating
a culture of engagement

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001311
ED_ 001686C _ OOOO
1267-00004

 Format:
Lecture,

guest speakers,

and practical

CEUs Awarded

exercises.

Upon Workshop

Press is NOT Invited

Completion

to Register

"Send-A-Team" Registration

or Attend

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of

The Association

of Government Accountants

Please do not Unsubscribe from this
"Workforce and the EO" Email List
Potomac Forum educational programs address major government
management initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
"Workforce and the EO"Email List.
Thank You.
This email was sent to: reeder.john@epa.gov
Go here to leave th is mail ing list or modify your email profile.
We respect your right to privacy. View our policy.

T his ema il was sent by : Potomac Forum, Lt d.
400 North Was hin gton Street r Ale xa ndr ia r Vir g ini a, 22314

r

USA

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001312
ED_ 001686C _ OOOO
1267-00005

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001313
ED_ 001686C _ OOOO
1267-00006

 Reeder, John[Reeder.John@epa.gov]
International Commerce and Marketing Corp.
Sent:
Wed 6/14/2017 3:20:31 PM
Subject: ATTENTION - OCONUS Customers! Get Door to Door Shipping to Your Facility for Nearly 2
Million Contract Items!
To:

From:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001314
ED_ 001686C _ OOOO
1270-00001

 AMEP

1

OVE
American Oversight v. EPA (18-cv-00364)

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ED_ 001686C _ OOOO
1270-00002

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 Reeder, John[Reeder.John@epa.gov]
DC5G Summit
Wed 6/14/2017 3:09:33 PM
Join the 5G community!

To:

From:
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Registration is open for the DCSG Summit!
Secure Your seat todav to take advantage of Loyalty rates, only in effect until June 29!

Why do you need to be involved with #DCSG?
The inaugural DC5G Summit will focus on the market opportunities for the 5G-connected
hybrid ecosystem. Bringing together telecommunications and satellite services under one
roof creates a unique environment that isn't happening at any other event. At #DC5G, you
will be a part of conversations that will lead the industry towards a more powerful, more
connected 5G network that will take our world into the next generation of mobility .
Who will attend #DC5G?
The entire ecosystem of professionals needed for the success of the 5G environment will be
at the DC5G Summit: wireless communications service providers, satellite service
providers, handheld device and hardware manufacturers , innovative adopters of 5G
capabilities, FCC representatives, and more .
What's included with your DCSG 5,'ummitregistration?
Everything! Your Surnmit Pa~::;gives you access to the entire program , networking breaks,
Power Lunch and the Evening Reception in the Fireview Room, so you'll have plenty of
opportunities to shake hands and strike up conversations with all attendees at the Summit.

Not ready to register?~

list to stay up to date on

#DCSG!

Vic\\ in v-:cb browser
1,
>,,a
s sent to reeder ·

Via Satellite •

lntclligcncc I .LC • 92 11 Corporate Bh d. 4 th Floor Rockville. \1 D
2og:;.o
Updntc \Iv Pn:ferencc~, Unsub~cribc

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From:
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Reeder, John[Reeder.John@epa.gov]
CSO Events
Mon 6/12/2017 5:20:40 PM
Last Chance: Free Pass to IT Security Conference in D.C.

Leading IT and security executives are coming together on June 21st in Mclean,
VA for the SecurlT Conference - Attend free!
SecurIT is a special one-day conference that will provide a holistic view of the

conversations that need to happen around risk today. Do you have the right
mix of defenses? Are you spending the right amount on compliance vs. thirdparty concerns vs. employee awareness training? As your business
transforms in the digital age, how do you ensure your culture assumes a
security mindset?
Discuss these issues and more with peers and our roster of CIO and CISO
speakers with best practices and insights to share.
Get your free conference pass at: http://securitidg.com/June201 7/RSVP
Join hundreds of IT and security professionals already signed up to participate from
organizations such as Aerospace Corporation, Blue Cross Blue Shield, Capital One,
Department of Defense, E*TRADE, FBI, Kaiser Permanente, Marriott International,
Merck, Pepsi-Co, Sony Corporation, The George Washington University, U.S. Coast
Guard, USDA, Western Union, and many more!
Sessions include:
Defining Risk in 2017
Elizabeth Hackenson, CIO & SVP, Technology & Services, AES Corp.
Scott Goodhart, VP & CISO, AES Corp.
Bob Bragdon, Publisher, CSO
Data Destruction in the loT Era
Sameer Sait, VP, IT & CSO, Arrow
Building a World Class Security Program
Mark Maybury, VP & CSO; Director, NIST National Cybersecurity FFRDC, MITRE Corp.
Managing the IT/Security Relationship
Rodrigo Loureiro, CISO, Laureate International Universities
Ben Sizemore, CIO, First Guaranty Mortgage Corp.
Bob Bragdon, Publisher, CSO
Winning Strategies for loT and New Business Ventures
Lisa Tuttle, CISO, SPX Corp.
Publisher's Panel: Securing the Evolving IT Environment

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001318
ED_ 001686C _ OOOO
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 Mark Loucks, Senior Data Scientist, Principal Practice Director, Unisys
Bob Bragdon, Publisher, CSO
The Threat from Within: How to Minimize Insider Threats
Jeff Berkin, SVP & CSO, CACI International
Managing Third-Party Risk in the IT Supply Chain
Andy Purdy, CSO, Huawei Technologies USA
Building Credibility with Senior Business Leadership: A CIO/CISO Panel
Jeff Berkin, SVP & CSO, CACI International
Derrick A. Butts, CIO, Truth Initiative
Andy Purdy, CSO, Huawei Technologies USA
Chad Sheridan, CIO, Risk Management Agency, Department of Agriculture/USDA
Bob Bragdon, Publisher, CSO
And more!
Learn more at: http://www.s ecuritidg.com
Register now at: http://securitidg.com/June20 17/RSVP
Event Details:
IDG's Security Day Conference - SecurlT
June 21, 2017
8:00am - 5:30pm
The Ritz-Carlton Tysons Corner
McLean, VA.
We hope you can join us on June 21st!
Regards,
CSO Events

To unsu bscribe from this mailing list, please click here

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Reeder, John[Reeder.John@epa.gov]
Granicus
Wed 6/14/2017 3:04:12 PM
Level up

If you have trouble viewing this email. read the online version .

Jul 12 2017 8:30 -10:30 AM
1152 15th Street NW, Suite 800, Washington, D.C. 20005

You can achieve greater digital engagen1ent! All it
takes is a step up the matu rity curve.

Being more mature as an organization means taking time to measure how your
programs and campaigns are performing, checking the quality of your messages
and putting best practices into place.
Register today for a free Digital Engagement Training on July 12, from 8:30 -10:30
a.m. in Washington , D.C. to learn how to level up your digital communication to
achieve greater outcomes.

You Will Learn How To:

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 Enhance and extend your
current digital engagement
abilities

Measure your performance
and identify improvement
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Address hiring and
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solutions

Granicus
1152 15th Street
Suite 800,
Don't want to receive this
of email?

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
CSO Events
Tue 6/6/2017 11 :28:28 AM
You're Invited: IT Security Conference on June 21

Leading IT and security executives are coming together on June 21st in Mclean,
VA for the SecurlT Conference - Attend free!
SecurIT is a special one-day conference that will provide a holistic view of the

conversations that need to happen around risk today.
Join hundreds of IT and security professionals already signed up to participate from
organizations such as Aerospace Corporation, Blue Cross Blue Shield, Capital One,
Department of Defense, E*TRADE, FBI, Kaiser Permanente, Marriott International,
Merck, Pepsi-Co, Sony Corporation, The George Washington University, U.S.
Coast Guard, USDA, Western Union, and many more!
Get your free conference pass at: http://securitidg.com/June201 7/RSVP
Sessions include:
Defining Risk in 2017
Elizabeth Hackenson, CIO & SVP, Technology & Services, AES Corp.
Scott Goodhart, VP & CISO, AES Corp.
Building a World Class Security Program
Mark Maybury, VP & CSO; Director, NIST National Cybersecurity FFRDC, MITRE Corp.
Managing the IT/Security Relationship
Rodrigo Loureiro, CISO, Laureate International Universities
Winning Strategies for loT and New Business Ventures
Lisa Tuttle, CISO, SPX Corp.
Containing Insider Threats
Jeff Berkin, SVP & CSO, CACI International
Managing Third-Party Risk in the IT Supply Chain
Andy Purdy, CSO, Huawei Technologies USA
Building Credibility with Senior Business Leadership: A CIO/CISO Panel
Bob Bragdon, Publisher, CSO
Andy Purdy, CSO, Huawei Technologies USA
Chad Sheridan, CIO, Risk Management Agency, Department of Agriculture/USDA
And more!
Learn more at: http://www.securitidg.com

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ED_ 001686C _ OOOO
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 Register now at: http://securitidg.com/June20 17/RSVP
Event Details:
IDG's Security Day Conference - SecurlT
June 21, 2017
8:00am - 5:30pm
The Ritz-Carlton Tysons Corner
McLean, VA.

We hope you can join us on June 21st!
Regards,
CSO Events

To unsu bscribe from this mailing list, please click here

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 Reeder, John[Reeder.John@epa.gov]
Security and Sustainability Forum
Mon 6/5/2017 10:16:31 AM
Janos Pasztor, Former UN Assistant General Secretary, Joins the Climate Ethos Webinar -

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June 8th

How sustainable are the global climate commitments?
1

Having trouble viewing this email? Click here

Janos Pasztor Joins Katharine Hayhoe and Alice Hill in the
Climate Ethos Webinar
See bias below

How Sustainable is Our Global Climate Ethos
June 8, 2017
1:15 to 2:45 PM EST

Timely that our next webinar is about climate action commitment without US
Government Leadership.

uilding on decades of work across the globe by the public and
private sectors, has a shared global climate ethos -- a sense of collective commitment and
common purpose -- reached a tipping point?

• Are the Paris Agreement and the growing number of cities adopting carbon-based
energy goals evidence of that? How durable are these actions?

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EPA-17-0193 and EPA-17-0194-A-001324
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 AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001325
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 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001326
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 Solar Hot Water Systems - What you Need to Know
Residential/Com mercial/I ndustrial Uses
June 28, 2017
1:15to
15PMEDT
This is the first is a new SSF series on technology called
- Going Green Without Going Into the Red -

Solar energy can be used in several ways to heat water for domestic, commercial and
industrial uses . Examples include photo voltaic cells to generate electricity for hot water
the cost
heaters and both passive and active thermal solar systems for direct heat.
of solar equipment dropping, there are significant savings in solar hot water, but
what are the considerations in determining which technology is best for your
situation?
In this 60-minute webinar , renewable energy expert Scott Sklar will review the pros and cons
of investing in a solar hot water system (residential, commercial and industrial uses) and
what to consider in making the investment decision.
will also hear from Arden
Steiner, co-founder of Rawiance. The firm has added innovations to its license for a
solar hot water technology based on a pump free thermosyphon convection flow
system. Arden has installed the system in a number of commercial and residential sites
and will present them as case studies in the webinar. He will explain why Rayviance has
significant operational and cost advantages over the alternatives. Scott will question
Arden about the technology and its advantages.

Thinkin ef l:lnsubscribin ?
• Not Interested in These Topics?
SSF convenes globa l experts in free educat iona l web inars about critical climate risk topics such
as urban resilience , the food - water - energy nexus, droughts and flood ing, green infrastructure,
public health, renewable energy, and global climate security, among others. Don't
unsubscribe if you are interested in some of these topics and you will continue to receive
webinar alerts.

Access the arsenal of free climate education webinar recordings in the SSF
archives.
http:/ /secu rityandsustainabilityforum. org/archives/webinars

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 Edward Saltzbe rg,
Managing Director
Security and Sustainability For um

The

and

1006 N Tuckahoe
SafeUnsubscribe

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reeder.iohn@epa.gov

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 To:

From:
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Reeder, John[Reeder.John@epa.gov]
Gov Records Management Training Workshop XIV
Mon 6/12/2017 4:36:37 PM
[SPAM] Next Tuesday: Gov Records Management Training Workshop

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

Potomac Forum, Ltd

for Information and Registration:
www .PotomacForum.org
The Leader in Governm ent Train ing Since 1982

Keynote Speakers:
Don Rosen
Director of Records Management Oversight and Reporting
National Archives and Records Administration (NARA)
and
Arian Ravanbakhsh
Manager, Policy and Program Support Team
National Archives and Records Administration (NARA)

Additiona l Government Speakers
Matthew Olsen

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001329
ED_ 001686C _ OOOO
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 Acting Chief Privacy and Data Sharing Officer
Acting Executive Director
Office of Privacy & Information Management (PIM)
U.S. Department of Health and Human Services
Mark Patrick
Chief, Information Management Division
The Joint Staff Secretariat
Department of Defense

Additional

Government

Speakers

to be Announced

Soon

Overview:
This one-day Potomac Forum Workshop will focus on the
activities mandated by the NARA/OMS Records Management
Directive. Key executives from NARA and government agencies
will discuss the directive and its implementation.
Detailed review
and analysis of the directive will be presented to help agencies
better understand what they need to do, how to do it, and how to
get the funding necessary to be successful.
This workshop will examine the Senior Agency Official for Records
Management report to NARA to determine what steps are required to fill the
gaps

Potomac Forum Workshops are Not Conferences
We are 100% Educational Events
Government and Industry Partners are Invited to Register

Format:

This workshop will combine keynote presentations by NARA, lectures on
implementing the Directive, real world examples and discussions to
provide a thorough, enjoyable day of learning.

Workshops are NOT Sponsored by Advertisers or Paid

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 Sponsors
"Send a Team" Rates
The Previous Thirteen Potomac Forum Records Management Workshops
on Email, Records Management and the OMB/NARA Directive were
Rated as "Excellent" by Workshop Attendees
CEU Credits Awarded

Workshop for Government

and Industry

Partners

Learn Together Team Rates:
Reduced Registration Rate for Teams

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613

info@PotomacForum.org
Sponsored by:

Potomac Forum , Ltd.
Founded in 1982 as a non-profit educational organization

Potomac Forum Direct Phone: (703) 683-1613

Please DO NOT UNSUBSCRIBE

from this

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m ailing list.
Potomac Forum offers a wide variety of government related training events
which may be of interest to you in the future.
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Thank You.

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Reeder, John[Reeder.John@epa.gov]
Steven Hughes
Wed 6/14/2017 1:15:27 PM
your certification options

JohnWe have two certification programs coming up in July and early August and I wanted to see if
you wanted to sign up for one.

Certified Government Performance Manager (CGPM)
On July 17-20, we're holding the next core course in this program covering Strategic Planning
and Performance Measurement for Government. This is the foundation course for the
certification - or you can simply receive a certificate in the core course topics. This program is
timely as it addresses the latest performance measurement and government reorganization
mandates in the FY 18 budget.

Govt Lean Six Sigma Green Belt (LSS)
On July 31 to August 4 we are offering our Government Lean Six Sigma certification course.
This will help you lead process improvement projects within your government agency and will
make you quite marketable long term in both government and the private sector.
Would you like to reserve a spot in either program? We have some discounts available if you
sign up in the next week or two. Let me know if you're interested, and I'll send you the materials.
Thanks,

Steven Hughes
Deputy Director, Outreach
The Performance Institute

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ED_ 001686C _ OOOO
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 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to reeder.john@epa.gov.
Our mailing address is:
Performance Institute, LLC
1440 G St NW

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 Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book
unsubs cribe from this list I update subscription preferences

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Security and Sustainability Forum
Wed 6/14/2017 10:17:05 AM
Save the Date - Cities on the Leading Edge of Resilience - July 13, 2017

National League of Cities and Arizona State University Webinar
1

Having trouble viewing this email? Click here

Arizona State University and The National League of Cities
Host the webinar on

Cities on the Leading Edge of Resilience
July 13, 2017
1:15 to 2:45 PM EST

The private sector and all levels of government are embracing
resilience as a holistic, proactive framework to reduce risk, improve services, adapt to
changing conditions, and empower citizens. Recent high profile programs, such as the
$1 billion National Disaster Resilience Competition initiated by the US Department of
Housing and Urban Development and the Rockefeller Foundation's 100 Resilient
Communities, have helped define and advance this resilience framework for local
government.
In 2016, the National League of Cities (NLC) launched a Leadership in Community
Resilience program to help elected officials, city staff, and community partners share
their expe riences and advance local resilience efforts. The pilot initiative is providing
technical assistance and professional development opportunities for 10 cities by

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001335
ED_ 001686C _ OOOO
1306-00001

 Solar Hot Water Systems - What you Need to Know
Residential/Commercial/Indust rial Uses
June 28, 201 7
1: 15 to 2: 15 PM EDT
This is the firs t is a new SSF series on technology called
- Going Green Without Going Into the Red Solar energy can be used in several ways to heat water for domestic , commercial and industrial
uses. Examples include photo voltaic cells to generate electricity for hot water heaters and both
passive and active therma l solar systems for direct heat. With the cost of solar equipment
droppi ng, there are significant savings in so lar hot
but what are the
considerations in determining which tech n ology is best for your situation ?

In this 60-minute webinar , renewable energy expert Scott Sklar will review the pros and cons of
investing in a solar hot water system (reside ntial, commercial and industrial uses) and what to
consider in making the investment decision. We will also hear from Arden Steiner, cofounder of Rayviance. The firm has added innovations to its license for a solar hot water
technology based on a pump free thermosyphon convection flow system. Arden has
installed the system in a number of commercial and residential sites and will present them as
case studies in the webinar. He will explain why Rayviance has significant operational and cost
advantages over the alternatives. Scott will question Arden about the technology and its
advantages.

Thinkin of lJnsubscrit>in ?
• Not Interest ed in These Topics ?
SSF convenes globa l experts in free educat ional web inars about critical climate risk topics such
as urban resilie nce, the food - water - energy nexus, droughts and floodi ng, green infrastructure,
public health, renewab le energy , and global climate security, among others. Don't

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001336

ED_001686C_OOOO
1306-00002

 unsubscribe if you are interested in
webinar alerts.

e

ics and you will continue to receive'

Access the arsenal of free climate education webinar recordings in the SSF
archives.
http:/ /secu rityandsustainabilityforum. org/archives/webinars

Edward Saltzberg,
Managing Director
Security and Sustainability

The

and

Forum

1006 N Tuckahoe

Falls

VA 22046

SafeUnsubscribe TM reeder.iohn@epa.gov
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Reeder, John[Reeder.John@epa.gov]
Korn Ferry PROFILOR
Sun 6/4/2017 9:17:02 AM
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Reeder, John[Reeder.John@epa.gov]
SAP
Tue 6/13/2017 7:22:08 PM
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Reeder, John[Reeder.John@epa.gov]
IDG Connect
Sat6/3/20171:17:13 PM
News Roundup: Apple Neural Engine, Stratolaunch, & Subtitle Viruses

Al will cut medical errors, improve cancer diagnosis
UiPath leads march of the software robots
With Diingo, Orange plans to take on Alexa in your home

News Roundup: Apple Neura l Engine, Stratolaunch, & subtitle viruses

Much to the chagrin of its suppliers, Apple has long been working towards making
all its own chips. This goal now applies to its Artificial Intelligence hardware, too.
According to Bloomberg, the Cupertino company is working on a processor
specifically designed to improve the performance of Al-related tasks such as
speech and image recognition within its devices. Apple has refused to comment,
but Bloomberg claims the project will be called the Apple Neural Engine. Google
has already made a similar move with the Tensor Processing Unit (TPU), which
powers Al-related tasks in the search giant's datacentres.

Read the rest of this week's tech news roundup

The Wider Industry
Opinion, analysis and interviews across the technology industry

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 Cloud risks have a big upside for Skyhigh Networks CEO

With Djingo, Orange plans to take on Alexa in your home

UiPath leads march of the software robots

StackShare wants to be the Apple App Store for IT professionals

The conundrum of the digital smartwatch

A l will cut medical errors, improve cancer diagnosis

Other Regulars:
This month in tech history: June 1998 - Seiko launched first smartwatch
Typical 24: Danny Maher, HANDD Business Solutions
C-suite career advice: K Nanda Kumar, SunTec
CMO files: Rich Campagna, Bitglass, Inc.

C-suite talk fav tech: Christian Joha n Smith , TrackR

Top tips: Five clear blockchain uses outside finance

Featured Regions:
A look at what'shappeningin tech around the world

Africa: Q&A with Flare: An ambulance app for Nairobi
LatAm: In Latin America social media and startups close the gender gap

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Copyright© 2017 IDG Connect Ltd.

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 To:

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Reeder, John[Reeder.John@epa.gov]
ITNews Resources
Mon 6/5/2017 3:20:09 PM
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Reeder, John[Reeder.John@epa.gov]
Hughes Government Solutions
Tue 6/13/2017 5:37:40 PM
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Reeder, John[Reeder.John@epa.gov]
ITNews Resources
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Reeder, John[Reeder.John@epa.gov]
Sustainable City Network
Mon 6/5/2017 7:09:58 PM
Learn how to create sustainability plans - online course July 11-13

Sustainable City Network will present an online training course for any
personnel who are responsible for developing sustainability plans,
greenhouse gas emission inventories, climate action plans or any
sustainability strategy for a community, business or institution.
This course will be presented in three 2-hour sessions held on consecutive days,
July 11, 12 and 13, 2017. Class sessions will begin promptly at 10 a.m. Pacific, 11
a.m. Mountain, noon Central and 1 p.m. Eastern. The sessions will be recorded so
registrants may attend live or via on-demand streaming video.
This course will focus on the implementation and strategic thinking that is required to
implement a Sustainability Plan. Too often, we write a plan and have the greatest
intentions of implementing all of the metrics only to have these ideas fall flat because
of politics, organizational culture, or lack of support from the top. This course will
teach you how to incorporate storytelling and systems thinking into a strategic plan
that gets your plan implemented and enables you to move the needle further and
faster to create a more sustainable community.

WHO SHOULD ATTEND

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 This course is appropriate for municipal, state and federal government employees,
educational and healthcare institution personnel and private-sector consultants or
sustainability managers responsible for developing sustainability plans, greenhouse
gas emission inventories, climate action plans and/or sustainability initiatives of any
kind.

Class Format
This course consists of three 2-hour online sessions that take place on Tuesday,
Wednesday and Thursday, July 11, 12 & 13, 2017. Each registrant will be provided
with electronic copies of course materials prior to the online course.

Classes will include lecture and Q & A utilizing the GoToWebinar.com platform. A
quiet room and a reliable Internet connection are required to take this course. See
GoToWebinar.com for technical requirements.

Certificates of completion will be provided to all attendees after the final session.

Dates and Tuition

GroupRate3-5
GroupRate6-9
GroupRate10-Plus

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 This course is presented by Sustainable City Network:.

This email
sent to Reeder.John@epa.gov
whv did I get this? unsubscribe from this list update subscription preferences
Sustainable City Network, Inc. · 801 Bluff St· PO Box 688 · Dubuque, Iowa 52004-0688 · USA

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 To:

From:
Sent:
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Reeder, John[Reeder.John@epa.gov]
Austin Fageol
Tue 6/13/2017 4:59:02 PM
Briefing with your team

JohnDo you have time to connect this week or next to discuss where your program is in addressing
the new management initiatives being pushed by OMB?
In addition to our regularly-scheduled trainings and policy forums, the Performance Institute is
being brought in-house to government agencies to do customized briefings and facilitation
sessions. It saves on time and is more of a working session with our team.
Sessions cover the whole range of management initiatives: updating performance measures,
using data analytics, crafting restructuring plans, customer service improvement, budget
justifications, risk management, and more.
Would you be interested in considering an in-house program for your team? Who should I followup with?
Best.
Thanks,

Austin Fageol
Director, Outreach
The Performance Institute

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 You're receiving this email because you're a past participant in Performance
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Our mailing address is:
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Add us to your address book

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Megan Pingatore
Mon 6/5/2017 5:19:54 PM
Fw: Here is your VIP Code!

Hi John
Hope you had a fabulous Memorial Day weekend! I just wanted to make sure you got my
email last week. As a Via Satellite subscriber, I wanted to make sure you did not miss
your $170 coupon off your CyberSat Summit registration - make sure you register before
Wednesday, June 7th •

Cheers!
Megan Pingatore
Marketing Manager, Ae rospace
92 11 Corporate Blvd., 4th Fl
Rockville, MD 20850

1-888-707-5814

From: Via Satellite
Date: Friday , May 26, 2017
To: Megan Pingatore
Subject: Here is your VIP code!

Dear John,
As a loyal subscriber to Via Satellite, I'd like you to be the first to know that registration is now
open for the= ="'-===::....:::..:::..:...:..:.=
tak ing place November 7-8 at t he Tysons Corner Marriott in
Tysons Corner, VA.

We've set up a special discount code just for you - use the code VIA VIP during
registration online and you'll save an extra 10% off our Early Bird rate! ~~~-~
to secure this rate.
At this two day event, you will get strategic insights from leading cybersecurity experts
and satellite industry executives about best practices for achieving end-to-end protection
within the entire satellite ecosystem. The agenda will include:

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 • New Generation of Cyberattacks: Assessment of the evolving threat landscape in
satellite
• Fact vs. Myth: What we know so far as it relates to cyber-attacks in aerospace and
satellite
• Open Systems vs. Purpose Built Solutions: Pros and Cons
• A Cybersecurity Framework for Space: What needs to be done
• The FCC Communications Security, Reliability and Interoperability Council
(CSRIC) WG4: What we can learn
• The NIST Framework: The need for it and where it can be improved
• Andmore!
Rci!istcr bv June 7th to get an extra l O~ooff of the e.Jrlv bird discount' If you prefer to
register by phone, call 1-888-707-5814.
Hope to see you in November! Feel free to reach out to me with any questions.

Megan Pingatore
Marketing Manager, Aerospace
9211 Corporate Blvd., 4 th Fl
Rockville, MD 20850
1-888-707-58 14
P.S. Group discounts are also available! Contact me directly at r!]o inc1utore(?})accessfnte! .com to
get inf or mati on on reduced registrations for your group!

View in v;ch brmvscr
1,
•,;as sent tn
Via Satellite •

lntclligcncc I .LC• 9211 Corporate Bini. 4th Floor Rockville. \1 D
2og:;.o
Upd<ltc\Iv Pn:fercncc ~, Unsubsc ribc

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 To:

From:
Sent:
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Reeder, John[Reeder.John@epa.gov]
Security and Sustainability Forum
Fri 6/2/2017 8:32:06 PM
Panel Set for "How Sustainable are the Paris Climate Commitments?" - June 8th Webinar

Janos Pasztor, former UN Assistant General Secretary for Climate Change, joins the panel
1

Having trouble viewing this email? Click here

Janos Pasztor Joins Katharine Hayhoe and Alice Hill in the
Climate Ethos Webinar
See bias below

How Sustainable is Our Global Climate Ethos
June 8, 2017
1:15 to 2:45 PM EST

Timely that our next webinar is about climate action commitment without US
Government Leadership.

uilding on decades of work across the globe by the public and
private sectors, has a shared global climate ethos -- a sense of collective commitment and
common purpose -- reached a tipping point?

• Are the Paris Agreement and the growing number of cities adopting carbon-based
energy goals evidence of that? How durable are these actions?
• Is a sense of common purpose sustainable without US federal government coordination

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 Solar Hot Water Systems - What you Need to Know
Residential/Com mercial/1ndustrial Uses
June 28 , 2017
1:15 to 2:15 PM EDT
This is the first is a new SSF series on technology called
- Going Green Without Going Into the Red Solar energy can be used in several ways to heat water for domestic, commercial and
industrial uses . Examples include photo voltaic cells to generate electricity for hot water
heaters and both passive and active thermal solar systems for direct heat. With the cost
of solar equipment dropping, there are significant savings in solar hot water, but
what are the considerations in determining which technology is best for your
situation?

In this 60-minute webinar, renewable energy expert Scott Sklar will review the pros and cons
of investing in a solar hot water system (residential, commercia l and industrial uses) and
what to consider in making the investment decision. We will also hear from Arden
Steiner, co-founder of Rawiance. The firm has added innovations to its license for a
solar hot water technology based on a pump free thermosyphon convection flow
system. Arden has installed the system in a number of commercial and residential sites
and will present them as case studies in the webinar. He will explain why Rayviance has
significant operational and cost advantages over the alternatives. Scott will question
Arden about the technology and its advantages.

TtliMking of l..JnsubscribiRg?
• Not Interested in These Topics?
SSF convenes globa l experts in free educat iona l web inars about critical climate risk topics such
as urban resilience, the food - wate r - energy nexus, droughts and flood ing, green infrastructure,
public health , renewable energy, and global climate security, among others. Don't
unsubscribe if you are interested in some of these topics and you will continue to receive
webinar alerts.

Access the arsenal of free climate education webinar recordings in the SSF
archives.
http:/ /secu rityandsustainabilityforum. org/archives/webinars

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 Edward Saltzberg, Ph.D.
Managing Director
Security and Sustainability Forum

The

and

1006 N Tuckahoe
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 From:
Sent:
Subject:

Brenda Vaughn
Mon 6/12/2017 12:26:46 AM
Fwd: FreedomWorks asks for your help repealing "ObamaCare".

---------- Forwarded message ---------Ex. 6 - Personal Privacy
i
From: Linda Dahl <l'·-·-·-·-·-·-·-·-·-·-·-·-·-•-.....•-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'
Date: Sat, Jun 10, 2017 at 10:29 AM
Subject: Freedom Works asks for your help repealing "ObamaCare".
To: Linda Dahl <1 Ex. 6 - Personal Privacy i
'-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

Please share, healthcare needs to get fixed asap.
Blessings,
Linda

Your help is urgently needed! Senator Richard Burr is just not "walking the walk"
when it comes to getting rid of Obamacare. As a matter of fact, he is not even "talking
the talk"! We need to try to change that!
Senators Burr is saying that our health care travesty cannot be remedied this legislative
session. Let's let him know that Republicans campaigned on getting rid of Obamacare
right away and that we expect him to do just that. Please give the Senator a quick call
and tell him so.

Senator Richard Burr: (202)224-3 154

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 As always, thank you for all you do. Working together, we are truly making a
difference!
Freedom Works

Fremont V Brown III
CEO -TarheelTeaParty.org
Local Coordinator - Tea Party Patriots
1434 Brevard Road
Asheville, NC 28806
(828) 777-5326

Brenda Vaughn
McDowell County Republican Secretary
email: mcdowellgopsecretary@gmail .com
Cell Phone :l_Ex._6 - Personal _Privacy_I

The McDowell GOP will never sell or give your email address or other personal information to
anyone . If you no longer wish to receive mail from The McDowell GOP please reply to this
email and in the subject line put the word "Unsubscribe" and your email address will be
promptly removed.

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 To:

Reeder, John[Reeder.John@epa.gov]
NetApp
Tue 6/13/2017 4:31:03 PM
[SPAM] May GovDataDownload Newsletter

From:
Sent:
Subject:

Edition 43

May 2017

The GovDataDownload May 2017 Newsletter

Meet the Veteran: Tom Deierlein,
Technophile and Army Ranger ~
Building Smart Cities
and Counties Starts
with a State of the Art
Data Management
Infrastructure l!!l
The Impact of Big Data and
Drones on Military and Civilian
Agencies l8l

We lcome to the GovDataDown load commun ity , a source of news, best practices , and innovative
solutions for public sector IT leaders . Each month our newsletter brings the top stor ies from our
site to your inbox to help you meet your organ izat ion's IT challenges and unleash the full potent ial
of your data . If you can't wait for next month's newsletter, you can find our latest stor ies at
GovDataDown load .com, or you can subscribe to receive them directly in your inbox.
Meet the Veteran : Tom Deierlein, Technophile

and Army Ranger

As part of a series on members of the GovDataDownload community who have served our
country, we sat down with Tom Deierlein, President and CEO of ThunderCat Technology, a
NetApp partner in the delivery of data management solutions to public sector customers .
Tom's life has been spent moving between military and civilian environments , and he
shares how each has shaped his perspectives and the lessons he's taken away. In addition
to his leadership of ThunderCat Technology, Tom also co-founded the TD Foundation
which provides aid to children of wounded warriors and fallen heroes.
Building Smart Cities and Counties Starts with a State of the Art Data Management
Infrastructure

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 Cities" has become one of the most popular buzzwords of 2017, and with good
Smart city initiatives were on full display at the recent Large City, Large County
event hosted in Washington D.C. and attended by chief information officers (CIOs) from
fifty largest counties and cities in the U.S. Chip George, Senior Director of State &
Govemment and Education (SLED) at NetApp, attended the event and described to
some of the key takeaways about hybrid cloud , IOT, and other smart

his participation in a panel discussion entitled "The Unmanned Movement:
Systems in the Multi-Domain Battle" at the recent C41SR conference, Dr . Greg
Chief Architect, Defense and Intel Solutions at NetApp, gives a short history of
systems and discusses how they create opportunities as well as challenges for
and civilian agencies.

honor of National Military Appreciation Month, we are featuring the stories of NetApp
members and partners who have served their country in the armed forces to learn
their experiences in the military have shaped their civilian careers . In this article, we
with Bernardo Guzman, Facilities Program Manager WPR Americas Operations at
who started his career as a private in the United States Marines Corps (USMC).
reflects on why he chose to serve and his most memorable experiences in the

part of our follow up, we would like to contact you by telephone to discuss NetApp products,
"'"''""" ."'"' and events tha t may be of interest to you and your organization and to solici t your feedback
our solutions . If you wish to receive a call from us , please click here to provide us wi th your

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Jonathan Copeland
Fri 6/2/2017 7:26:04 PM
FW: Risk assessment for your program

JohnFallowing up on my email from earlier this week - can I get you an agenda on our upcoming
Government Enterprise Risk Management Summit July 25-25? We've had a lot of positive
response to it, and I'd love to get you or your team members registered.
Thanks,
-Jonathan Copeland
From: Jonathan Copeland
Subject: FW: Risk assessment for your program
Date: Wednesday, May 31, 2017
JohnNew mandates have been announced under 0MB Circular A-123 that require every government
program to conduct a formal risk assessment and submit mitigation plans to the White House
budget office.
To learn how to meet these new mandates, would you like to join us on July 24-25 for the
Government Enterprise Risk Management Summit (Gov-ERM)?
Gov-ERM provides comprehensive coverage of the latest mandates and best practices for
conducting risk assessments, integrating performance management with risk management,
mitigating risks through improved internal controls, and changing the culture of your agency to
be more aware of risks.
This year Gov-ERM will spotlight strategies for three common government risk areas: Cyber
Risk, Fraud and Improper Payments, and Operational Risk.
Space is limited so let me know asap if you want to see the full agenda and if you want to
register yourself or a colleague!
Best,
Jonathan Copeland
Deputy Director, Outreach
Performance Institute

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 You're receiving this email because you're a past participant in Performance
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 To:

From:
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Reeder, John[Reeder.John@epa.gov]
Rob Reinalda
Mon 6/5/2017 4:39:54 PM
Add writing to your special skills

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From:
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Reeder, John[Reeder.John@epa.gov]
Security and Sustainability Forum
Fri 6/2/2017 6:58:08 PM
"How Sustainable are the Paris Climate Commitments?" - Panel set for the June 8th Webinar

Janos Pisztor, former UN Assistant General Secretary for Climate Change, joins the panel
1

Having trouble viewing this email? Click here

Janos Pisztor Joins Katharine Hayhoe and Alice Hill in the
Climate Ethos Webinar
See bias below

How Sustainable is Our Global Climate Ethos
June 8, 2017
1:15 to 2:45 PM EST

Timely that our next webinar is about climate action commitment without US
Government Leadership.

uilding on decades of work across the globe by the public and
private sectors, has a shared global climate ethos -- a sense of collective commitment and
common purpose -- reached a tipping point?
• Are the Paris Agreement and the growing number of cities adopting carbon-based
energy goals evidence of that? How durable are these actions?
• Is a sense of common purpose sustainable without US federal government coordination

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 Solar Hot Water Systems - What you Need to Know
Residential/Com mercial/1ndustrial Uses
June 28 , 2017
1:15 to 2:15 PM EDT
This is the first is a new SSF series on technology called
- Going Green Without Going Into the Red Solar energy can be used in several ways to heat water for domestic, commercial and
industrial uses . Examples include photo voltaic cells to generate electricity for hot water
heaters and both passive and active thermal solar systems for direct heat. With the cost
of solar equipment dropping, there are significant savings in solar hot water, but
what are the considerations in determining which technology is best for your
situation?

In this 60-minute webinar, renewable energy expert Scott Sklar will review the pros and cons
of investing in a solar hot water system (residential, commercia l and industrial uses) and
what to consider in making the investment decision. We will also hear from Arden
Steiner, co-founder of Rawiance. The firm has added innovations to its license for a
solar hot water technology based on a pump free thermosyphon convection flow
system. Arden has installed the system in a number of commercial and residential sites
and will present them as case studies in the webinar. He will explain why Rayviance has
significant operational and cost advantages over the alternatives. Scott will question
Arden about the technology and its advantages.

TtliMking of l..JnsubscribiRg?
• Not Interested in These Topics?
SSF convenes globa l experts in free educat iona l web inars about critical climate risk topics such
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webinar alerts.

Access the arsenal of free climate education webinar recordings in the SSF
archives.
http:/ /secu rityandsustainabilityforum. org/archives/webinars

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 Edward Saltzberg, Ph.D.
Managing Director
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 Reeder, John[Reeder.John@epa.gov]
Records Management Workshop with NARA Keynote
Sent:
Mon 6/5/2017 4:07:51 PM
Subject: [SPAM] June 20th - Gov Records & eMail Management - Going Forward to Meet
Requirements
To:

From:

Records Management in Government
Training Workshop XIV
Agency Self Assessments are in to NARA
- How Can You Improve Your Scores?
Managing Government Records Directive Updates:

What Agencies Need to Do for 2017 and Beyond
Lessons Learned and Best Practices

June 20, 2017
Willard Intercontinental Hotel
Washington, D.C.
Sponsored by: _

Potomac Forum, Ltd

for Informat ion and Registration:
www .PotomacForum.org
The Leader in Government Training Since 1982

Keynote Speakers:
Don Rosen
Director of Records Management Oversight and Reporting
National Archives and Records Administration (NARA)
and

AMERICAN

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 Anan KavanoaKnsn
Manager, Policy and Program Support Team
National Archives and Records Administration (NARA)

Additional Government Speakers
Matthew Olsen
Acting Chief Privacy and Data Sharing Officer
Acting Executive Director
Office of Privacy & Information Management (PIM)
U.S. Department of Health and Human Services
Mark Patrick
Chief, Information Management Division
The Joint Staff Secretariat
Department of Defense

Additional

Government

Speakers

to be Announced

Soon

David Ferriera, the Archivist of the United States, said:
Working together, NARA and all agencies continue to make progress on the
key goals and requirements in the Directive. For us to succeed as a records
management community, the SAORMs in each agency must drive the
change that needs to happen if we are to realize the vision of a digital
Government. Based on the data summarized in this report, we are making
progress, but there is still much work to do .
The analysis shows that SAORMs (Senior Agency Officials for Records
Management) reported they:
• Will meet the email target by the end of this year (92%).
• Will meet the target to manage permanent electronic records in an electronic
format by the end of 2019 (92%).
• Are taking actions to ensure records in non-official messaging accounts are
captured in an official account within 20 days (83%).
• Will submit schedules for all existing paper and other non-electronic records
by the end of 2016 (91%).
• Are preparing for the upcoming change in Presidentia l administration (79%).
This workshop will examine the SAORM's report to determine what steps are
required to fill the gaps

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 Potomac Forum Workshops are Not Conferences
We are 100% Educational Events
Organizatio nal Cosponso rs:

AIIM
National Capital Chapter
www.nccaiim.org

ARMA International
Metro Maryland

Chapter

www .a rma-metromd

.org

Government and Industry Partners are Invited to Register

Goals of this workshop

are:

• Focus on email retention regulation and policy and email
best practices
• Provide attendees with a clear idea of the changes
envisioned in the Directive,
• Strategies to obtain funding for solutions
• Help understand the role of the Senior Agency Official (SAO)
in setting agency priorities and achieving program success
• Describe the developing roadmap that will lead to realizing
these changes, and
• Describe the steps individual records managers can do now
to align their work with the records management
future the
Directive envisions.

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 •
spec1nc Agency Actions to be completed by December
2015 and the out years
• Establishing a community of interest for Records
Management
• Current email policy and regulations
• Tips for planning for the Directive's 2019 Deadline
Overview:
With the recent headlines regarding government email retention
and e-discovery, it is important to understand how the
NARA/OMB regulations and deadlines will impact your agency.
This one-day Potomac Forum Workshop will focus on the
activities mandated by the NARA/OMB Records Management
Directive. Key executives from NARA and government agencies
will discuss the directive and its implementation.
Detailed
review and analysis of the directive will be presented to help
agencies better understand what they need to do, how to do it,
and how to get the funding necessary to be successful. The
recent Agency Submissions to NARA are discussed along with
scores and suggestions for improving Agency Scores.

What You Will Learn:
• What happens now that the 2016 deadline has passed
• What needs to be done to comply with the provisions of 0MB M-1218
• How the relationship between NARA and Federal agencies have and
will change
• How the role of technology will evolve in the achievement of 0MB
M-12-18's goals
• What this initiative will mean for Federal records management in
the short and long term
• What the components of a sustainable Records Management
program will be in this new environment
• A better idea of the commitment of time and resources needed to
comply with the Directive
• How the Senior Agency Officials can and are making a difference in
improving the management of government records
• NARA Requirements for managing email - lessons learned from
recent IRS news event - Complying with the Law - the Federal
Records Act and what it means for email and other records losses
• The November 2014 Records Management Legislation and what it
means to Agencies and Records Managers
• and more ...

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 Why You Should Attend:
• To gain a clear understanding of 0MB M-12-18
• To assist you in getting the best start on the many changes 0MB M12-18 will bring to your agency
• To learn key funding strategies to help your agency implement
solutions to meet its objectives
• Hear from other government officials about the practical aspects of
complying with the Directive
• Ensure success of your Records Management Program as you
implement the Directive
• Lessons Learned since the publication of the Directive
• Understand the NARA requirements for email management avoiding embarrassing non-conformance
• Understand email retention regulation, policy, and legislation.
Who Should Attend:
• CIO's and the Staff including technical staff involved with Records
Management
• Senior Agency Officials (SAO's) charged with responsibility for the
implementation of solutions for their agency
• IGs and Staff
• Government Records Managers
• All those with responsibility for initiat ing and carrying out the
reforms mentioned in the President's Records Management
Directive
• Professionals responsible for managing information resources on an
enterprise-wide basis
• Those needing to understand latest NARA policy and guidance
• Contracting, Procurement and Acquisition Management
Professionals
• Program Managers Who Must Understand Records Management in
Government
• Government executives who want to understand email retention
and records management regulation, policy, and legislation.
• Industry Partners
Format:
This workshop will combine keynote presentations by NARA, lectures on
implementing the Directive, real world examples and discussions to
provide a thorough, enjoyable day of learning.

AMERICAN

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 Workshopsare NOT Sponsoredby Advertisersor Paid
Sponsors
WorkshopsPresent What You Need to PerformYour Job
- NOT What Sponsorsor AdvertisersWant You to Hear
"Ear ly Bird" Reduced Registration Until June 10th
also
"Send a Team" Rates
The Previous Thirteen Potomac Forum Records Management Workshops
on Email, Records Management and the OMB/NARA Directive were
Rated as "Excellent" by Wor kshop Attendees
CEU Credits Awarded

Representative Student Testimonials from Prev ious Potomac
Forum Managing Government Records Directive from 0MB and NARA
Workshops
It was informative and what I have learned can be
taken back and applied to my office .
Records Management Specialist
Civilian Department
Excellent - I got a number of good ideas and suggestions.
Well worth the investment.
Regulation Council
Civilian Administ ration
One of the best trainings I have been to.
Records Manager
Navy Center
Very well done
Deputy Commissioner for Legislative and Congressional Affairs
Civilian Agency
The overall workshop was great. I learned a Jot of valuable information on to help me
in my current position and provide additional guidance for my organization
Records Management Officer and Team Lead
DOT Agency
... for anyone who needs to follow the directive for records management
Admin Specialist
Civilian Commission
Outstanding!

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 DOT Age ncy

Very Well organized . Job well done!
DoD IG Specialist
Great!
Assi stant Records Manage r
Small Age ncy Commission

Workshop

for Government

and Industry

Partners

" Early Bird" Reduced Registr ation Until June 10th
Learn Togethe r Team Rates:
Reduced Registration Rate for Teams

Registration and Information:
www.potomac forum.org
Call: (703) 683-1613
info@PotomacForum.org
Sponsored

by:

Potomac Forum, Ltd.
Founded in 1982 as a non-profit educational organization

Potomac Forum, Ltd is Proud to be:
Corporate Partner of
The Association of Government Accoun tants

Association

Sustaining Partner
for Federal Information Resources Management
AFFIRM

Potomac Forum Direct Phone: (703) 683-1613
If this email is not of specific interest to you,
please forward to an associate.

Please DO NOT UNSUBSCRIBE

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m ailing list.
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 We respect your right to privacy. View our policy.

T his ema il was sent by : Potomac Forum, Lt d .
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 To:
From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Granicus
Thur 6/15/2017 5:19:37 PM
Digital Strategy Awards Nominations Now Open

2017 Granicus Digital Strategy
Awards
You are responsible for important work that affects citizens' lives.
And you gladly do it, sometimes without much recognition or
praise.
But now is the time to shine a light on the inspiring work you and
your team do every day!

Submit a nomination for the 2017 Granicus Digital Strategy Awards in one
(or more!) of the following categories:
• Digital Achievement Award
• Communicator of the Year
• Modern Government Leadership Award
• Creative Use of Digital Citizen Engagement
• Environmental Stewardship Award
• Transformed Access to Services
• Enhanced Public Awareness
For more details on the nomination and judging process, visit
https://granicus.com/awards. We look forward to receiving your
nominations by July 31.

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
John Wilson
Thur 6/1/2017 8:52:15 PM
FW: Your RSVP for June 6

JohnDid you want me to get you signed up for the June 6 Federal Summit on Data Analytics?
There are still a few slots left, and I wanted to make sure you had the opportunity. Remember,
this event at the Reagan Building in DC is completely free to attend.
Can I get you signed up? Here's the link to RSVP
Thanks,
-John Wilson
From: John Wilson
Subject: Your RSVP for June 6
Date: Wednesday, May 24, 2017
JohnI'm reviewing the list of attendees for the Federal Summit on Data Analytics being held June 6 at
the Reagan Building and do not yet see signed up.
The event is sponsored by Qlik so it is completely free to you and will present all the latest
initiatives, mandates, and best practices in performance management and data analytics in
government.
We want to make sure we have enough seats for attendees, so can you advise whether you will
be attending? Here's the link to RSVP
Thanks!
John Wilson
Outreach Coordinator
Qlik Federal Summit

AMERICAN

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 You're receiving this email because you're a past participant in Performance
Institute events or a public official. This email was sent to reeder.john@epa.gov.
Our mailing address is:
Performance Institute, LLC
1440 G St NW
Washington, DC - DISTRICT OF COLUMBIA 20005
Add us to your address book

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Via Satellite
Tue 6/13/2017 1:20:20 PM
Last chance to win a $100 Amazon Giftcard

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AMERICAN

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 To:
From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
IDG Connect
Sat 6/10/2017 1 :28:38 PM
Top Database Security Products, lnfoSec Europe Takeaways, & Graphs of the Future

lnfoSecurity Europe 2017: Computer security has become everything security
Interview: Paresh Davdra on fintech, blockchain and the future of banks
Review: Discover what real users think of database security products
Innovation 2.0: What you need to know about graph-based machine learning

Apple held its annual WWDC event this week. Announcements were mostly about incremental
improvements - including new versions of MacOS, iOS, WatchOs, TVOS - and the usual updates to
hardware. There was a big redesign for the App Store, and this version of MacOS - High Sierra,
comes with virtual reality capabilities.

The unsurprising surprise reveal was the Siri-enabled smart speaker, the HomePod. Tim Cook & co.
seem to be pitching the device around music initially, rather than an A l assistant or home controller.
It looks quite nice though.

Read the rest of this week's tech news rou ndup here.

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 IDG Connect, 492 Old Connecticut Path, Framingham, MA 01701 www.idgconnect.com
Copyright© 2015 IDG Connect Ltd.
If you do not wish to receive any further email from us please

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 Reeder, John[Reeder.John@epa.gov]
Korn Ferry PROFILOR
Sat 6/10/2017 9:21 :55 AM
SURVEY DUE DATE PASSED REMINDER: Feedback for George Hull

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From:
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Your recommended survey due date has passed. If you take action now your feedback can be included in
the participant's report.
If you experience any difficulty getting to the Internet, please contact your internal help desk. For any
other technical problems, please send an e-mail to KornFerry_support@datasltn.com.
To complete and submit your confidential survey, please go to this web site:

Ex. 6 - Personal Privacy

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Personal Privacy!

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 To:

From:
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Reeder, John[Reeder.John@epa.gov]
Afzal Bari
Tue 6/13/2017 11 :06:55 AM
Does Washington Trust Social Media? Share Your Opinion

Colleagues,
Last spring, 1 in 4 DC Insiders cited social media as a trusted source for
Washington news and information, up from 1 in 10 the year before. Will the upward
trend continue? Or are we becoming more skeptical of social content?
These are questions many are asking, and National Journal Research is partnering with
policy professionals across city to develop the answers. Please accept this invitation to
contribute your views in the 2017 Washington in the Information Age survey.
Partic ipate Here.
We hope you'll take 15 minutes to help deepen our collective understanding of how the
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EPA-17-0193 and EPA-17-0194-A-001395
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 overnment Endpoint Security: Current Initiatives and
est Practice Tips
dnesday, July 26th, 2017 at 2:00pm ET

vernments are among the most highly tar eted networks in the
orld. From political campaigns to governm
ersonnel to
telligence and troop planning, governm
is of great
terest to nation-states and others for a var
of reasons.
essing sensitive government data means accessing the
ts that can connect to it or house that data. Servers,
stations, virtual desktops and other devices can all suffer
om vulnerable operatin
stems and applications - a way in for
would-be attacker. Ne
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lnerability and new malware appear daily, and slow government
tch cycles make this even more concerning.

Date and Time
Wednesday
July 26th, 2017

2:00pm ET

ttend this 1-hour complimentary i360Gov educational webinar
r a comprehensive overview of the latest Endpoint Security
chniques, including case studies from federal and state/local
ernment subject matter experts that will provide best practice
sand advice regarding:
•

•
•

•

•
•

How to protect government systems (e.g., servers,
workstations, virtual desktops) fro
xploits for zero-day
vulnerabilities, APTs, and never-b
e-seen malware.
How to use e
int security as a compensating solution to
patch manag
t.
How to protect key ICS/SCADA systems from attacks. (i.e.
highly sensitive SCADA controls in military and energy
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How to control executable use from mobile media (e.g.
USB, CD-ROM drives) where such media is not controlled
in government installations.
Ho
ensure compliance to specific government
s.
How to leverage Endpoint threat prevention as part of
modernized defense in depth.

EPA-17-0193 and EPA-17-0194-A-001396
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1443-00001

 ,~vv,_,,
,u., busy government business and technology leaders expertly inform ed since 2009 .

www.i360Gov.com and subscribe to our e-newsletters, view our extensive library of
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please visit our site and become a complimentarv member.

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ED_ 001686C _ OOOO
1443-00002

 To:
From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Granicus Webinars
Thur 6/1/2017 5:08:40 PM
[Webinar] Drive revenue for your agency

DMVs are Transforming with Digital Comrnunications

But they aren't the only agencies that spend millions of dollars every year sending
snail mail notices of license registrations and renewals. There is a better way to
notify citizens and drive them to action - digital communication.

Register for this free web inar on June 21 at 2PM ET/ 11AM PT to learn how DMVs
are sav ing money, improving the citizen experience and generating income with
email and text message notifications - and how you can replicate their success .

IN THIS WEBINAR, YOU'LL LEARN:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001398
ED_ 001686C _ OOOO
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 How digital
communications are
transforming DMVs

Best practices for
connecting with hard-toreach audiences

Ways to leverage text
messaging/SMS
technology

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001399
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 Granicus
408 St. Peter
Suite 600, St. Paul, MN 551021 Legal & Privacy
Don't want to receive this
of email? ~==---i=-=--==..:....c..:-=-=:.:.==-=-"' ·

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ED_ 001686C _ OOOO
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 Reeder, John[Reeder.John@epa.gov]
CyberSecurity Executive Order
Thur 6/1/2017 5:08:28 PM
[SPAM] Register: Implementing the President's Cybersecurity Exec Order (EO) Training

To:

From:
Sent:
Subject:

Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001401
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 Workshop for Government
& Industry Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Keynote:

Author

Dr. Ron Ross
NIST Fellow
of the NIST Risk Management
Framework
{RMF) and
Numerous NIST Cyber Security Publications

Government Speakers are being approved for participation by their Agencies.
Potomac Forum Workshops are 100% educational programs and not sales or marketing
events!

Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the
panel and peer interactions at the workshop should be invaluable in
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:
· The approach used by the NIST RMF
· The value of the integration of the NIST RMF with the NIST

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001402
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 CSF

• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
• Importance
of Risk Assessments
{RA), Security Control
{SCA), and Security Testing & Evaluation
Assessments
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A, Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order
You Shou

Attend

· Review the key steps within the NIST RMF and CSF
• Obtain practical knowledge of how NIST RMF and CSF are
incorporated
into information
system security
• Gain insight into conducting
and implementing
NIST RMF
and CSF in your organization
• Collect information
on how NIST frameworks
can be
leveraged to enhance the security of your organization
• Learn how risk management
and cybersecurity
are
essential for regulatory
compliance
• Learn from risk management,
security and OIG colleagues
in Federal, State and Local Governments
• Learn how other Agencies are responding to the EO
Who Should Attend:
·
•
•
•
•

CI Os, CISOs and Staff
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001403
ED_ 001686C _ OOOO
1462-00003

 xecu 1ves w o oversee ns managemen
e
government
• All government executives, managers and staff who need
to better understand risk management and implementing
the President's Executive Order
CEUs Awarded

Upon Workshop Completion

Potomac Forum is an Authorized
of ICS{2) Credits
Press is NOT Invited

Provider

to Register or Attend

"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org

Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

Please do not Unsubscribe from this
"Government
Cyber Security" Training Workshop" Email List
Potomac Forum educational programs address major government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001404
ED_ 001686C _ OOOO
1462-00004

 uovernment

l.;yoer ::,ecurity
I rammg
Thank You.

vvorKsnop

1:ma11List.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM) Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

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EPA-17-0193 and EPA-17-0194-A-001405
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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
DC5G Summit
Fri 6/9/2017 3:42:12 PM
[SPAM] Have you seen the news?

Faster speeds, increased bandwidth, smarter devices, shared spectrum,
updated ground systems, regulations - 5G brings a host of
opportunities .. .and many challenges. With a national rollout expected
in 2020, and some markets rolling out earlier once standards and
hardware are ready , telecommunications and satellite service providers ,
handheld device manufacturers and others are striving to understand
ways to capitalize on 5G, and what barriers exist on the path to the
next generation of mobility.

What's being reported in the news?
Eric:-son Exec Exarnincs 5Ci Tirnclinc and >Jccds for Ehmdv,idth - Via
Satellite
5G : The Fra of Con'>ern,:nce - Via Satel lite
Verizon Snaus Strait!:11
1 Path S·-,cctrnm - Cable/ax
~:;pi:intcommits to 5(i service :-,. devices ln· late 20 I 9 - CNET
T-\ lobik'~, 202(J Plan Piles Pre~,~,ur
e on Europe's 5G Plaver~,, - Light
Reading
What will be covered at the DCSG Summit?
Attendees at the DCSG Sunm1it will experience a program comprised
of keynote presentations and panel sessions that will delve into:
• How Government Plays a Critical Role in Supporting and
Developing America's 5G Economy
• The Big Bang: Coverage & Connecti vity Strategies & Visions for
5G Rollout
• Evolution of Applications, Ecosystem, Vertical Markets and Big
Data Analysis in the 5G World : From Enhanced Mobile
Broadband to Virtual Reality
• How Standards and Sound Spectrum Policy will Shape the Future
5G-Connected Worldwide Economy
• 5G's Biggest Challenges: Security, Privacy, Bandwidth and
Regulatory Barriers
• 5G for Industry: Software Defined Networks, Automation, and
Computing at the Edge
audience will have plenty of nctv,orkim.!,
The entire ....
opportuu itics including a Power Lunch to get the innovative juices
flowing, and a closing reception to encourage collaboration in a
relaxed, more casual atmosphere.
··

cc

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 Not ready to register? ,,,,,, ~~==~
updates on the DC5G Summit!

~to continue to receive

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 1,q1s sent tn rccdcr.john((i cpa.goY

Via Satellite •

Intelligence I.LC•

1 I Corporate Bin!. 4th Floor Rockville. \1 D

20850
Upcbtc \Iv Preference:, Unsub~cribc.

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EPA-17-0193 and EPA-17-0194-A-001408
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 To:
From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
IDG Connect
Thur 6/1/2017 3:05:45 PM
4 Common IT Challenges (and How to Overcome Them)

4 Common IT Challenges (and How to Overcome Them)
Technology is driving innovation in business today . As a result, businesses and t heir
customers rely more and more on technology to do their jobs - IT is at the center of this
movement and must meet demand while addressing customer and employee challenges .

IT service management (ITSM) systems support IT departments in their effort to keep up and
move the company forward . ITSM can make the job easier, and free up resources to
innovate .
Follow this guide to learn about challenges in today's technology-driven marketplace, and
how to find solutions with cloud-based Remedyforce for ITSM. Then, hear how three
Remedyforce customers specifically benefited from ITSM.

All the best!
IDG Connect

IDG Connect, 492 Old Connecticut Path, Framingham, MA 01701
Copyright© 2017 IDG Connect Ltd.

If you do not wish to receive any further email from us please ,, , ,

r , ,

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EPA-17-0193 and EPA-17-0194-A-001409
ED_ 001686C _ OOOO
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 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001410
ED_ 001686C _ OOOO
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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Federal Times
Thur 6/1/2017 10:30:30 AM
Veterans Affairs kills RFP 5 days later
Having trouble viewing this email?

I View it in your browser

Jun 01,

Daily Brief

VA kills RFP for 2
di ital centers da s
after it was
introduced
The agency sent out bids for two data
centers to manage benefits programs, but
rescinded them after a chang e in priorities .
Read Sto

Adve rt iseme nt

AMERICAN

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American Oversight v. EPA (18-cv-00364)

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 p
Ste 400, Vienna, VA 22182

AMERICAN

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American Oversight v. EPA (18-cv-00364)

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ED_ 001686C _ OOOO
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 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001413
ED_ 001686C _ OOOO
1503-00003

 To:
From:
Sent:

Subject:

Reeder, John[Reeder.John@epa.gov]
Glean.info
Fri 6/9/2017 12:16:01 AM
The Ultimate Guide to Media Measurement

The Ultimate Guide to
Media Measurement
A PR & Marketing Handbook

delivers invaluable
insights from
leading experts on
strategies and
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001414
ED_ 001686C _ OOOO
1505-00001

 prove and improve
success of PR and
marketing
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programs. The 61page handbook
also examines how
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The free handbook covers:
• Advice on conducting costeffective social media
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• How to measure the value of
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AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001415
ED_ 001686C _ OOOO
1505-00002

 and video marketing.
• Articles on picking the best
metrics for your PR and
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• Advice on selecting the best
media monitoring and
measurement firm for your
needs.

ot of Broad St.
tratford, CT
06615
203-375-7200
info@glean .info
© Copyright 2017.

All Rights Reserved.

CyberAlert LLC

AMERICAN

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 This e-ma il was distributed to the list of Media Monitoring News, a professional ed ucation newslette r from
CyberA lert LLC on public relat ions and marketing topics. To remove yourself from the Media Mon itoring
News e-mail list, pleas e follow this link :
http :/lse cure. cybera le rt com/cg i-binlta ke me off

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001417
ED_ 001686C _ OOOO
1505-00004

 To:
From:
Sent:

Subject:

Reeder, John[Reeder.John@epa.gov]
Glean.info
Fri 6/9/2017 12:16:02 AM
Ebook: The Ultimate Guide to Media Measurement

The Ultimate Guide to
Media Measurement
A PR & Marketing Handbook

delivers invaluable
insights from
leading experts on
strategies and
techniques to
AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001418
ED_ 001686C _ OOOO
1506-00001

 prove and improve
success of PR and
marketing
communications
programs. The 61page handbook
also examines how
PR and marketing
can more
effectively
implement social
media analytics to
gain greater
influence within
the organization.
The free handbook covers:
• Advice on conducting costeffective social media
monitoring & measurement.
• How to measure the value of
press releases, trade shows
AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001419
ED_ 001686C _ OOOO
1506-00002

 and video marketing.
• Articles on picking the best
metrics for your PR and
marketing campaigns.
• Insights into media intelligence
techniques.
• Tips on avoiding the most
common social media
measurement errors.
• Advice on selecting the best
media monitoring and
measurement firm for your
needs.

ot of Broad St.
tratford, CT
06615
203-375-7200
info@glean .info
© Copyright 2017.

All Rights Reserved.

CyberAlert LLC

AMERICAN

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 This e-ma il was distributed to the list of Media Monitoring News, a professional ed ucation newslette r from
CyberA lert LLC on public relat ions and marketing topics. To remove yourself from the Media Mon itoring
News e-mail list, pleas e follow this link :
http :/lse cure. cybera le rt com/cg i-binlta ke me off

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EPA-17-0193 and EPA-17-0194-A-001421
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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Via Satellite
Thur 6/8/2017 10:04:53 PM
Win a $100 Amazon Giftcard

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AMERICAN

OVERSIGHT
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EPA-17-0193 and EPA-17-0194-A-001422
ED_ 001686C _ OOOO
1508-00001

 AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001423
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 Reeder, John[Reeder.John@epa.gov]
From:
Granicus Webinars
Sent:
Wed 6/7/2017 5:09:26 PM
Subject: A Win-Win for DMVs
To:

DMVs and Citizens Win with Digital Notifications

Almost every state DMV sends registration and license renewal notices. Most are
still sending these notices through the mail - which is costly , and makes it difficult
to track engagement.

Reg ister for this free webinar on June 21 at 2PM ET/ 11AM PT to learn how SMS text
messages and email are helping DMVs save more than $1 M in mailing costs
annually and increase on -time renewal rates .

IN THIS WEBINAR, YOU'LL LEARN HOW DMVs ARE:

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-001424
ED_001686C _00001514-00001

 Adopting digital
communications to realize
greater ROI for renewal
notices.

Reaching more hard-toreach audiences, such as
low-income and rural
citizens.

Improving the citizen
experience and reducing
wait time.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001425
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1514-00002

 Granicus
408 St. Peter
Suite 600, St. Paul, MN 551021 Legal & Privacy
Don't want to receive this
of email? ~==---i=-=--==..:....c..:-=-=:.:.==-=-"' ·

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1514-00003

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
SAP
Wed 6/7/2017 4:19:32 PM
SAP TechEd Las Vegas: Registration Is Open

SAP TechEd Las Vegas
September 25-29
Join technology experts from SAP and the SAP community to unlock the secrets to simple and
intellige nt digital transformation.

ntact
~1-800872-1727

Unsubscribe Copyright/Trademark Privacy Visit SAP.com

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 SAP America, Inc . 3999 West Chester Pike, Newtown Square, PA 19073
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 Reeder, John[Reeder.John@epa.gov]
From:
IDG Connect
Sent:
Wed 6/7/2017 3:50:42 PM
Subject: The digital customer: The center of your universe
To:

The digital customer: The center of your universe
Your customers expect an Amazon-caliber digital experience - ease at every touch, click ,
and swipe .
But how do you know if you're meeting the needs of your customers, or if your custome r
experience initiatives are successful? Only about 5% of apps get monitored; how can you
know what you're delivering?
Check out this on-demand webinar to learn how to make digital customer experience the
focus of your universe, and how IT can effectively lead these initiatives and track success .
We cover:

•
•
•
•

The expectations of mobile and millennial customers
How the technology landscape will evolve to address these expectations
Success factors for digital transformation
Where digital expe rience monitoring fits into the transformation puzzle

Empower your IT teams to deliver an exceptional digital experience for your customers AND
to have a positive impact on business outcomes .

All the best!
IDG Connec t

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 IDG Connect, 492 Old Connecticut Path, Framingham, MA 01701
Copyright© 2017 IDG Connect Ltd.

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Austin Fageol
Tue 6/6/2017 5:46:28 PM
Summer budget review

JohnThe FY 19 budget reviews are emphasizing the use of performance measures and data analytics
to justify all requests. To prepare your program for these mandates the Performance Institute is
hosting three forums in the coming weeks that you can attend in person OR remotely by webinar:
Data Analytics for Government (June 20-21)
Performance Budgeting (June 22-23)
Using Benchmarks in Government (June 26-27)
We have recently received sponsorship for these programs so we can offer several discount
passes. Attendees may be able to receive CPE and PDU credits.
Would you be interested in seeing the full agendas and attending?
-Austin
Austin Fageol
Director, Outreach
The Performa nce Institute

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 You're receiving this email because you're a past participant in Performance
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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Security and Sustainability Forum
Thur 6/1/2017 10:19:49 AM
World Watch Institute and Filling the Climate Literacy Gap: June 1, 2017 Webinar - 1:15 PM

EDT

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Rethinking Education on a Changing Planet

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Timely that the World Watch lnstitute's 2017 annual report, published by Island Press , is about
climate education, which is the topic of SSF's June 1st webinar. Systems thinking is the focus of
the WWI report and the central theme of our webinar. (Save 20% on Earth Ed W ITH CODE 4SOTW )
Register for today's webinar because ....
Incorporating systems thinking into the public and private educational systems should result in
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Teaching Systems Thinking to Fill the Climate Literacy Gap
June 1, 2017
1:15 to 2:45 PM EST

Meet the Panel

AMERICAN

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 In this 90 minute webinar join
they discuss:

and leaders from education, business and philanthropy as

1. The validity of the climate literacy gap and its impact on the workforce
2. Existing and emerging ways to teach systems thinking about climate disruptions , mitigation ,
adaptation and risk management
3. Concepts for developing the national /international capacity to support climate literacy
4 . The role of philanthropy in accelerating deployment
5. How community colleges can be at the center of better preparing the workforce for climate
risk decisions .

Monica
Brett
Monica Brett, an international climate advisor and Senior Associate of the Security
and Sustainability Forum, will moderate the session. She is a vocal advocate for
using systems thinking to teach climate and energy literacy as the best way to show the
connections between the three pillars of sustainable development and the
consequences of action and/or inaction. She has applied this concept both
internationally and in the field via curriculum design, educational programs and public
outreach campaigns.

Bernie
Kotlier
Bernie Kotlier directs the development, promotion, and delivery of sustainable energy
training for the International Brotherhood of Electrical Workers (/BEW) electricians,
and business development programs for the National Electrical Contractor
Association (NECA) electrical contractors in California and Nevada including energy
auditing, energy efficiency, photovoltaics, zero net energy buildings, electric vehicles,
energy storage, and micro-grids. He has been a member of the California Public Utilities

AMERICAN

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 Commission Advisory Committee on Energy Efficiency Workforce Development and the
State of California Schools of the Future Initiative Advisory Committee. He now serves
as co-chair of the California Advanced Lighting Controls Training Program and national
co-chair of the Electric Vehicle Infrastructure Training Program.

Christopher
Boone
Christopher Boone is Dean of the School of Sustainability, Arizona State
University. His research contributes to ongoing debates in sustainable urbanization,
environmental justice, vulnerability, and global environmental change. He sits on the
scientific steering committee for the Urbanization and Global Environmental Change
project and is an active contributor to Future Earth, an international initiative that aims to
integrate the global environmental change community with a focus on sustainable
outcomes.

Chip
Comins
Chip Comins is Chairman & CEO of the American Renewable Energy Institute,
President of American Spirit Productions and Founder of American Renewable Energy
Day (AREDAY). As a strong advocate for employing renewable energy to mitigate
climate change, he uses his documentaries, institute and global summit to both educate
and provide platforms for solutions. Currently, his American Climate and Energy
Literacy Initiative connects industry and community colleges to create jobs in clean
technology sectors.

Leslie
Mintz
Tamminer

AMERICAN

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 Leslie Mintz Tamminen is a Director of Seventh Generation Advisors. She worked
to pass and implement California's Education and the Environment Initiative, a state
requirement for environmental education principles and curricula development in all
core disciplines in public schools for K-12. Leslie is currently appointed to the California
Superintendent of Public Instruction Environmental Literacy Steering Committee and
tasked with implementing the 2015 Blueprint for California Environmental Literac .

Jeanette
Murry
Jeanette Murry is Senior Knowledge & Learning Coordinator, Climate Change
Strategy and Operations, at the World Bank. She has implemented knowledge
management efforts and planning in international development, university, private
sector and NGO contexts. She has extensive experience in learning design,
development, delivery, and monitoring and evaluation with a focus on climate change.

11111111

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 Edward Saltzberg, Ph.D.
Managing Director
Security and Sustainability Forum

The Security and Sustainability Forum, 1006 N Tuckahoe Street , Falls Church , VA 22046
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 Reeder, John[Reeder.John@epa.gov]
Korn Ferry PROFILOR
Thur 6/1/2017 9:15:55 AM
SURVEY DUE DATE PASSED REMINDER: Feedback for George Hull

To:
From:
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AMERICAN

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Sustainable City Network
Thur 6/1/2017 12:07:07 AM
Top News: Lean Urbanism Recalls a Simpler Time

View this e-mail in your browser.

Making Small Possible in a Red-Tape World
By Julianne Couch
A traffic jam in Miami suggests to some that modern
urbanization needs a reboot.

Over the last several decades, real estate developers and urban
designers have watched building code books swell from the size of
small booklets to the size of dictionaries.
Some say the increase in regulations has been essential to protect
life, limb and property. Others think politics, special interest groups
and neglect have supplanted common sense to create a hopelessly
complex array of outdated, expensive and unnecessary mandates
that serve to push small developers out of the marketplace
altogether.
The Project for Lean Urbanism, created by a nonprofit group of
architects, engineers, planners and policymakers, is trying to reverse
that trend. The group is launching pilot projects in four U.S. cities
with the goal of stimulating entrepreneurship and economic growth
by cutting red tape and providing free tools that make the
development process less intimidating for beginners. The four cities -

AMERICAN

OVERSIGHT
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 i-a~ ~~tctiJ~)i!l

ooga, Tenn., Saint Paul, Minn., and

~~'r,'rfcffl, C1a":~~t rl! chosen for their commitment to lowering the
barriers to small-scale economic development.

ikQJlUfd~stern Cities Where Solar Power Has a Big Payoff
SEATTLE -- Just because you don't live in the sunniest region of the
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Governor Announces $35 Million to Expand Af ter-Sch ool
Programs
ALBANY, N.Y. -- Governor Andrew Cuomo announced $35 million in
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establish q ...

Study Documents Job Growth from Energy-Saving Tax
Incentive
WASHINGTON --As many as 77,000 new desig n and construction
jobs would be created annually over 10 years, along with almost
$7.4 billion ...

Indianapolis Recertifies and Becomes 4-Star Community
WASHINGTON -- Earlier this month, the city of Indianapolis, Ind.,
became the first Certified STAR Community to recertify under the
STAR ...

NLC Reveals Top 10 Issues That Matter to Cities in 2017
WASHINGTON -- A comprehensive analysis of mayoral state of the
city speeches released by the National League of Cities finds that
econom ...

AMERICAN

OVERSIGHT
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 &Drib ~tar
~a&in1.'vmlil
itroll1edtEV!tmemc(QlJa1iSpezna.com
WASHINGTON -- The U.S. Environmental Protection Agency
recently awarded $2,652,592 to the North Carolina Department of
Environmental Qua ...
U.S. Sues Fiat Chrysler for Alleged Clean Air Act Violation
WASHINGTON -- The Department of Justice, on behalf of the
Environmental Protection Agency, recently filed a civil complaint in
federal c ...

National Tribal Energy Summit Explores Energy Sovereignty
WASHINGTON -- Representatives from tribal and state
governments, federal agencies, private industry, utilities, and
academia came togeth ...

EPA Stays Landfill Methane Rules
WASHINGTON -- The U.S. Environmental Protection Agency
announced a 90-day administrative stay for the August 2016 New
Source Performance ...

County W ins Seven National Association

of Counties Awards

PHOENIX -- Seven Placer County programs won awards this year
from the National Association of Counties, recognizing innovation in
count...

Creativity

Flows in Intersection

Design Contest for Six Points

FORT WORTH, Texas -- Scout Harrell won the most votes in the
Fort Worth Intersection Design Contest, so her pavement design will
be featured a ...

Studen t's Plans to "Disrup t " Ur ban Flooding Wins EPA
Award
WASHINGTON -- The U.S. Environmental Protection Agency has
announced the winner of its "Patrick H. Hurd Sustainability Award" is
Adam Na ...

Kaiser Permanente Honored Wi t h 17 Environmental

Awards

OAKLAND, Calif. -- In recognition of its groundbreaking achievement
and innovation in health care sustainability, Kaiser Permanente, the
natio ...

Online Course

lean Thinking: Process Management Made

AMERICAN

OVERSIGHT
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service. The ...

'fl'ortn

R Our L~a Mai;;ter certified instructor,.Brio
~cepts,
derived from the T~yota Production System, and explain
how and why they have come full-circle back to the United States.
PHOENIX -- Republic Services, Inc ., announced that the company
wi 11in C~e§Ellt!Pd.f~~qt, ~Q\~felle!ff:ltc9iffi:;~~§fel1"Ji~~d
it ... stakeholder satisfaction, reduced costs, reduced risks, increased
sales, and more flexible and agile organizations. Perhaps the largest
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rnost of the effort over that time has been done at large corporations,
and only recently have they been adopted and embraced by smaller
organizations and agencies. Examples of lean successes can be
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Learn more ...

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- is your local

AMERICAN

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 government
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AMERICAN

OVERSIGHT
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 Sustainable City Network operates a website (www.sCityNetwork.com), customized e-newsletters, online trai
interactive tools dedicated to providing quality and timely information on sustainability products, services and
government, education and healthcare.

AMERICAN

OVERSIGHT
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 Privacy Policy I Contact Us I About Us

Privacy Policy I Contact Us I About Us

Privacy Policy I Contact Us I About Us

AMERICAN

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Glean.info
Thur 6/15/2017 1:21 :35 PM
Newsletter: Learning Snapchat Metrics -- Winning in the 'Wild West' of Measurement

Follow this link if this email is not displaying correctly.
ne

7

2

edia Measurement News is a weekly educational
ewsletter published by Glean.info, the media
monitoring and measurement service, for
professionals in public relations (PR), marketing,
competitive intelligence and communications.
Glean.info was previously CyberAlert LLC.

Learning Snapchat Metrics: Winning in the
'Wild West' of Measurement

"There are no traffic
jams along the extra
mile."
- Roger Staubach

of C-level
executives say their
company's marketing
strategy is effective;
only
of
marketers agree.
(HubSpot) - Tweet
this!
of journalists
say they track how
often their stories are
shared on social
media. (Muck Rack) Tweet this!

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 Image source: Ben Phillips via
Flickr

AlthoughSnapchat's lack of formal, within app
analytics poses a challenge to brands, marketers can
still employ social media measurement techniquesto
learn how their snaps resonate with their customers.
Measurement on Snapchat may require more effort
than on other platforms,but is well worth the
invested time if marketers learn how to improve their
Snapchat campaigns. Read More »

How to Combine SEO & Influencer
Marketi
for Outsized Results

Although influence r marketing has become a wellestablished PR and marketing strategy, many brands
don't pursue its potentially substantial SEO benefits.
The right influencers can help improve a brand's
domain authority and search results, leading to more
website traffic and conve rsions. Read More »

How to Get Customer Testimonials that
D
Sales

Custome r testimonials bring credibility, authority and
more customers - but only when done well. These
tips can help create testimonials that break down any
roadblocks prospects have about purchasing your
products. Read More »

New Guide on Media Measurement &
Analytics Offers Wealth of Valuable
Insights

AMERICAN

OVERSIGHT
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 The free ebook 2017 Ultimate Guide to Media
Measu rement for PR & Marketing offers in-depth
advice from leading expe rts on proving and
improving the value of PR and marketing. With 26
sepa rate articles, the handbook 's content provides
valuable insights into top media monito ring trends
and tips on effect ive social media monito ring &
measu rement. Professiona ls in PR, marketing,
competitiv e intelligence and other secto rs can benefit
from the guide's supe rb content. Read More »

A disconnect between C-level executives and lowerlevel marketers , revealed in a recent survey,
surp rised industry observe rs. The widely dispa rate
opinions about the effectiveness of thei r company 's
marketing strategies could harm sales and company
morale, experts warn. Read More»

Tricks of the PR Trade: How to Get
Journalists' Attention

Both freelance and staff journalists typically track
social media shares of the artic les they 've written.
That means engagement with journalists on Twitter,
thei r favo rite network, can help develop strong media
relationships. Read More »

AMERICAN

OVERSIGHT
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 Improve Your Media Monitoring & Web
Searches
Advanced Search O erators

Advanced sea rch operators are invaluable for
searching the web. Almost everyone can benefit from
using advanced operators such as "AND", "OR",
"AND NOT" and many othe rs when making online
searches or when using a media monitoring service
to get daily results from an ongoing search.
Searching with advanced operators is actua lly quite
easy - and sea rch results are far better than simple
keywo rd searches. Read More »

Aggressive Plans to Kill AVEs as PR Metric
Draw Praise Ske ticism

Agg ressive efforts to eradicate advertising value
equivalencies as a communicat ions metric is
controve rsial among PR professionals. Some say
disciplinary actions aimed at those who use the
AVEs metric is going too far, while they agree that
AVEs are not a valid metric. Read More »

Top 10 Tips to Stay Secure On line While
Traveling this Summer

The Communications
Word Choice

Pro's Guide to Effective

AMERICAN

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 9 Ways to Protect Your Customers' Data and
Keep Them in the Loop

Webinar: Spend Less, Achieve More: Why You
Should Embrace the Custome r Data Platform
Evolution , June 14 at 3 p.m. Presented by Marketing
Week. Free.
Web inar: The Content Formula: How to Create and
Measu re Content That Converts , June 15 at 12 p.m.
Eastern. Sponsored by MarketingProfs. Free for
MarketingProfs Pro members.
Webinar: Protect Your Organization Against FTC
Crackdowns Using Internal Comms , June 20 at 12
p.m. Eastern. Sponsored by WOMMA.
Web inar: From Data to Insight to Action: Reaching
Social Intelligence Maturity , June 20 at 11 a.m.
Eastern Presented by Digimind.
Webinar: How to Use Webinars to Increase
Customer Engagement , June 21 at 1 p.m. Eastern
time. Presented by MarketingProfs. Free.
Webinar: Rules of Engagement for Influencer
Marketing , July 12 at 1 p.m. Eastern, Sponsored by
WOMMA.
Webinar: 5 Ways to Protect and Grow Your PR
Budget in a Digital Comms Playground , Sponsored
by the PRSA. Free for members.
Conference: Content Marketing World , Sept. 5-8 at
the Huntington Convention Center in Cleveland, OH.
$2,395 for regular all-access pass.
Conference: Inbound 2017 , Sept. 25 to 28 at the
Boston Convention & Exhibition Center. Presented
by HubSpot. $1,299 for an all-access pass through
July 15
Conference: PRSA International Conference , Oct. 810 at the Boston Marriott Copley Place. PRSA
member regular rate: $1,495.
Conference: B2B Marketing Forum, Oct. 3-6 at the
Westin Boston Waterfront. Presented by
MarketingProfs. All-access pass $2,295.

AMERICAN

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 Social Media Monitoring & Measu rement Methods
that Produce Actionable Insights for Marketing & PR
The Benefits of Social Media Analytics
10 Main Components of a First-Class Press Kit
The New Must-Have PR Skills
10 Top Technology Tools for Public Relations Pros
8 Ways Law Firms Benefit from Media Monitoring

The listing for this issue includes PR job openings
and marketing positions - with detailed job
descriptions for each. Reade rs are invited to submit
·ob ostin s to ·ob osti
beralert.com .
Internship: PR Writer/ Social Media Marketing Glean.info, Stratford, CT
Public Relations Director -Anthem, Inc., Thousand
Oaks, CA
Public Relations Manager - USO, Arlington, VA
Manager, Communications & Public Relations Shedd Aquarium, Chicago, IL
Specialist, Public Relations & Communications American College of Rheumatoloqv, Athens, GA
Public Affairs Specialist - NSA, Fort Meade, MD
Government Relations - Western Connecticut Health
Network, Danbury, CT
Assistant Director Athletic Media Relations University at Albany, Albany, NY

Marketing & Communications Manager - WestSide
Baby, Seattle, WA
Digital Media Specialist - BioBridge Global, San
Antonio, TX
Senior Marketing Communications Analyst Bridgestone Nashville, TN
Digital Marketing Analyst -Academic Partnerships,
Dallas, TX
Content Marketing Data Analyst - lnfoScout, San
Francisco, CA
Marketing Communications Manager - Greater
Baltimore Medical Center, Baltimore, MD

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EPA-17-0193 and EPA-17-0194-A-001452
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 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001453
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1534-00007

 The Clues to a Great
Story
Andrew Stanton
Filmmaker
[19:16]
View Interactive

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 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Cyber Security Executive Order Implementation
Thur 6/15/2017 12:09:46 PM
[SPAM] Register for July 12: The President's Cybersecurity Exec Order (EO) Workshop

Please Review and Forward to
Your Government Executives, Managers and Staff
Who Play a Part in Agency Cyber Security Management or Implementation

Potomac Forum Training Workshop

Implementing the President's
Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the
Requirements of the EO and its Reporting Requirements

Date: Wednesday, July 12, 2017
Early Bird Reduced Registration Fee Until June 17th
Sponsored by:

Potomac Forum, Ltd.
the leader in high quality training since 1984
www.PotomacForum.org
(703) 683-1613
info@PotomacForum.org

Location of Workshop:
Willard Intercontinental
Hotel
Washington, D.C.
Potomac Forum Training Workshops are 100% Educational
and NOT Sales or Marketing Events

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001455
ED_ 001686C _ OOOO
1536-00001

 workshop
tor bovernment
&. Industry
Partners
Press is Not Permitted to Encourage
Candid Discussion in our Learning Envi ronment

Additional Government Speakers are being
approved for participation by their Agencies.
Government Speakers:

Dr. Ron Ross
NIST Fellow
Author of the NIST Risk Management Framework
{RMF) and
Numerous NIST Cyber Security Publications
Jarvis Rodgers
Information Technology Audit Director
Office of Inspector General
Department of Health and Human Services {HHS)
Additional Government Speakers are being
approved for participation by their Agencies
Potomac Forum Workshops are 100% educational programs and not
sales or marketing events!
Overview:
This workshop will focus on the President's EO on Cybersecurity and
discuss its requirements. A key requirement is the implementation of
NIST's Cybersecurity Framework (CSF). We will present an understanding
of the CSF and NIST's Risk Management Framework (RMF) which is a key
component of the CSF. The CSF and RMF are critical for the federal
government in its efforts to mitigate risk within enterprise information
systems. The workshop will provide detailed guidance on the integration
of the CSF and RMF into a holistic Cybersecurity solution. In addition, the
workshop will address the EO reporting requirements for the first 90-day
report and the other reports identified in the EO.
Hear from industry experts and government officials tasked with
implementing robust cybersecurity and risk management strategies along
with learning how NIST's CSF and RMF can be effectively implemented to
reduce the risk of cyber-attacks. Listen to a government panel of CIOs and
CISOs to understand the challenges they are facing on a day-to-day basis
and how implementation of NIST's CSF and RMF helps them identify the
risks and what it takes to mitigate those risks. Gaining insights from the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001456
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 panel ana peer mteract1ons at me wor1<snop snoum oe mva1uame m
implementing the President's EO and moving the needle forward in
improving federal cybersecurity.

What You Will Learn:

• The approach used by the NIST RMF
• The value of the integration
of the NIST RMF with the NIST
CSF
• Development
of agency Risk Management
Strategies
• Changes in federal information
system authorization
requirements
and guidelines
• Guidance into what agencies can expect from the NIST
RM F and new CSF processes
{RA), Security Control
• Importance
of Risk Assessments
Assessments
{SCA), and Security Testing & Evaluation
{ST&E)
• Security control categorization
and how it is used to
manage risk
• NIST SP 800-53A,
Guide for Assessing the Security
Controls in Federal Information
Systems and
Organizations:
Building Effective Security Assessment
Plans; NIST SP 800-37 Rev. 1 Guide for Applying the Risk
Management
Framework to Federal Information
Systems:
A Security Life Cycle Approach and NIST SP 800-39
Managing Information
Security Risk
• Reporting Requirements
for the Executive Order
• Best Practices for Responding to the Executive Order

You Should Attend
•
•
•
•
•
•
•

Review the key steps within the NIST RMF and CSF
Obtain practical knowledge of how NIST RMF and CSF are incorporated
into information
system security
Gain insight into conducting and implementing
NIST RMF and CSF in your
organization
Collect information
on how NIST frameworks
can be leveraged to enhance
the security of your organization
Learn how risk management
and cybersecurity
are essential for regulatory
compliance
Learn from risk management,
security and OIG colleagues in Federal,
State and Local Governments
Learn how other Agencies are responding to the EO

Who Should Attend:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001457
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 •
s,
s an
a
IT security and risk management
practitioners
IGs and Staff
Program Managers responsible
for risk management
Government
Employees who want to better understand
organization
risk management
• Executives who oversee risk management
for the
government
• All government
executives,
managers and staff who need
to better understand
risk management
and implementing
the President's
Executive Order
•
•
•
•

CEUs Awarded

Upon Workshop

Completion

Potomac Forum is an Authorized
of ICS{2) Credits

Provider

Press is NOT Invited to Register or Attend
"Early Bird Reduced Registration to June 17th
"Send-A-Team" Registration

Fees

No Press to Promote Candid Discussion

Registration and Information:
www.potomacforum.org
Call: (703) 683-1613
lnfo@PotomacForum.org
Sponsored by:

Potomac Forum, Ltd .
Providing High Quality Training to the Government Since 1982
Potomac Forum, Ltd. is a proud Corporate Partner of
The Association of Government Accountants

Proud Sustaining Partner

AFFIRM
Association for Federal Information Resources Management

"Government

Please do not Unsubscribe from this
Cyber Security" Training Workshop" Email List

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EPA-17-0193 and EPA-17-0194-A-001458
ED_ 001686C _ OOOO
1536-00004

 t'Otomac t-orum eaucat1ona1 programs auuress ma1or government
management
initiatives.
While this Workshop may not be of interest to you, other Potomac
Forum
programs may be of great interest and value to you and your
organization.
If you do Unsubscribe, you will be removed from the
"Government
Cyber Security" Training Workshop Email List.
Thank You.

Future Potomac Forum Training Workshops
1. Managing Government Records (RM) Training Workshop XIV
Agency Self Assessments are in to NARA
-- How Can You Improve Your Scores?
Tuesday, June 20, 2017
2. How to Meet the Workforce Requirements of the President's
Executive Order 13781 Training Workshop
What Federal Executives, Managers, and Supervisors Need to Know to
Support the Goals of the Executive Order for Reforming the Federal
Government and Reducing the Federal Civilian Workforce
Wednesday, June 28, 2017
3. Implementing the President's Cybersecurity Executive Order (EO)
Training Workshop
A "How To" Workshop to Implement the Requirements
of the EO and its Reporting Requirements
Wednesday, July 12, 2017
All Workshops at the
Willard Intercontinental Hotel
Washington, D.C.
•

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001459
ED_ 001686C _ OOOO
1536-00005

 EPA-17-0193 and EPA-17-0194-A-001460
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
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 EPA-17-0193 and EPA-17-0194-A-001461
American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1542-00002

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Sustainable City Network
Thur 6/15/2017 2:19:04 AM
Top News: Growing Sustainable Communities Conference Slated Oct. 3-4

View this e-mail in vour browser.

ce
10th Annual Conference Hosted on Dubuque
Riverfront
Dubuque's Growing Sustainable Communities
Conference is held annually at the Grand River
Center in the Port of Dubuque, overlooking the
Mississippi River.

DUBUQUE, Iowa - The Growing Sustainable Communities
Conference celebrates its 10th anniversary at the Grand River
Center in the Port of Dubuque on Oct. 3-4.
Registration is now open on the conference web site at
www.GSCDubugue.com.
The Growing Sustainable Communities Conference is the largest
and longest standing sustainability conference in the Midwest,
according to Dubuque city officials, who have hosted the conference
annually since 2008. Sustainable City Network, a Dubuque-based
trade magazine, has co-hosted the event with city staff since 2011.
The conference includes more than 30 workshops, mobile tours and
keynote presentations on the latest developments in community
sustainability and resiliency initiatives.
This year's conference will include workshop speakers with a wide
range of expertise, including representatives from the U.S.
Environmental Protection Agency, the Arbor Day Foundation, the

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001462
ED_001686C_ OOOO
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 IP~~
f>rJLJ~ ~Jilopment Authority, the Econservation Institute,
~~t'F'r.fir'r s ,i'l'~ t~l'e~ Green Iowa AmeriCorps, the Iowa Clean Cities
Coalition, the Midwest Renewable Energy Association, the
Sustainable Iowa Land Trust, The Nature Conservancy and

·a~a~~t~•ct:!n<
Jr reJ~s<eWfu~P&mote!itW

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&~ EP,Oh,io,·M·~dison,Wi~., N~~ Lebanon, Ohio, ~nd th~ Iowa
communities of Cedar Rapids, Muscatine, Cedar Falls and Dubuque.
~~~Af@T~m
i;;/ln9i@
'R>~~~e~%fl~t~J:ix,Jm
also
~il@ffliffiffir tMcr~
t recipient of the Institute for Sustainable
frifrastru ctur ...
Read More ...

Avera eCARE Expands Reach with New Telemedicine Hub
SIOUX FALLS, S.D. -- Avera eCARE , based in Sioux Falls, S.D. , is
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NRDC Sues to Block Trump's Methane Poll ut ion Rollback
WASHINGTON -- The Trump administration violated the Clean Air
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other dan ...

Energy-E fficient Affordable Hou s ing for Seniors Announced
ALBANY, N.Y. -- Governor Andrew Cuomo announ ced the
completion of a $9 .3 million housing development for senio rs in the
city of Hornell. The p ...

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for the resource revolution - Learn more at Suez-

Ind ust ries Urg e Governor to Lead Tra ns ition to Clea n Energy
CARSON CITY, Nev. -- National business groups representing the
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Nevada G ...

The Best Complete St reets Pol icies of 2016 Announced

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001463

ED_001686C_ OOOO
1546-00002

 ~,!BiQHfut~
Al 'JRiY~ ntcy 2~~~
09e~tl n9~wents
jurisdictions in the United States have made formal commitments to
streets that are ...

PennDOT Awards Jacobs Active Traffic Management Project
Orgamzat1ons Seek to Improve Water Infrastructure
DALLAS -- Jacobs Engineering Group Inc., was awarded a ten-year,
W/8t&~itU~~'el~1m'2~eflf~IW~'elll>err~~if~BVti¥i@~~ing
tA-.m.~ner with the U.S. Environmental Protection Agency to invest in
th ...

EarthTronics Introduces A~ustable LED for Wide-Area
li'aWih';m8Rses Removing amers for Mmtary Students

MINNEAPOLIS -- SageGlass , manufacturer of smart electrochromic
g~~1i~Af>~e'ed-ttli§Ec~~~~cf.fm1!~j~~\iPefi~~~qJ~gf~.2
mi~ia>fiiiie
..~nnual Clean Communities grants to help municipalities
and counties ...

Ma or Launches EV Car
oc or

hare Pro ram for Disadvant
o e eve o
rown 1e

ed
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™~.f\~ ~

LOS ANGELES --A,.9roundbreaking new car share program will help
rfte%tl.:h~c~l!'ni
r~~ ~ I ~m.l@et~~c!ftf!Pu
need
1:ooi~glfiA!~?ckford, Ill., has been se'lected to receive a $700,000

~'r6wrif..
Boulder Steps Up Commitment to Transparency and
Innovation
WASHINGTON -- City Manager Jane Brautigam will sign the City of
Boulder's open data policy, designed to increase transparency and
accoun ...

Communities Receive Funds for Scrap Tire Market
Development
LANSING, Mich. -- Old vehicle tires will soon find a new purpose
thanks to $2.9 million in grants from the Michigan Department of
Environmenta ...

'State of Downtown' Report Captures Steady Growth
FORT WORTH, Texas -- Downtown Fort Worth has maintained a 92
percent average retail occupancy rate and experienced a 97.5
percent increase in ...

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001464

ED_001686C_ OOOO
1546-00003

 Vol. 23: Read it now
and more flexible
and agile
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Perhaps the largest
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Examples of Lean
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and state agencies,
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law firms, military,
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startup companies,
movie studios and
even farming!
Read more ...

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001465
ED_ 001686C _ OOOO
1546-00004

 Sustainable City Network operates a website (www sCityNetwork com), customized e-newsletters, online trai
interactive tools dedicated to providing quality and timely information on sustainability products, services and
government, education and healthcare.
Privacy Policy I Contact Us I About Us

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001466
ED_ 001686C _ OOOO
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 Sustainable City Network
interactive tools dedicated

website (www sCityNetwork com), customized e-newsletters, online training, conferences and other
providing quality and timely information on sustainability products, services and best practices to leaders in
government, education and healthcare.
Privacy Policy I Contact Us I About Us

AMERICAN

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EPA-17-0193 and EPA-17-0194-A-001467
ED_ 001686C _ OOOO
1546-00006

 Reeder, John[Reeder.John@epa.gov]
Corinna Natale
Sent:
Mon 6/12/2017 6:21:59 PM
Subject: The Training Connection's June Newsletter
JUNE TTC Newsletter.pdf
To:

From:

Hello everyone!
We have the June Newsletter ready for you!
Our monthly newsletter offers ideas for how to better manage your mentoring
partnership and tips and techniques for specific work/life issues.
Enjoy,
The Training Connection Staff
p.s. To access the newsletter from The Mentoring Connection please follow
this link:
https://www.mentoringconnection.com/tmc2/Secure/Library/DataFile.aspx?D0i

Your privacy is important to us. Please read our online Privacy Statement.
This e-mail notification was sent to you as a result of your participation in the EPA Leaders and
Learners Mentoring Program. If you wish to unsubscribe from future email reminders, change your
preferences by clicking here.
©2017 The Trai ning Connection, Inc. All rights reserved

AMERICAN

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 The Training Connec t ion's Newsle t t er
What Mot i vates You: Why do you do what you do?
By: Kathy Wentworth Drahosz
Themostsuccessfulandhappiestpeoplein today'swork
environment
arethosewhoaredoingworkthat is compatible
withtheirvaluesystemandthe valuesof theorganizations
theyworkfor. Haveyoueverworkedfor an organization
wherethe corporatevalueswerecompletelythe opposite
thanyourvalues?Perhapsyouare motivatedby beinga part
of somethinglargerthanyourselfand makinga difference.
Andthe organization
youworkfor is drivenby the bottomline
anddemonstrating
a goodreturnon investment.

Understand
thevaluesandcultureof theorganization.
Thevaluesof an organization
aredeeplyheldby the
organizational
leadersandyet notalwaysobviousand
apparentto all. Valuesgivecontinuityto decisions,actions
andevenpromotions.
Becomea detective-payclose
attentionto the non-verbalcluesthatmaybe churning
beneaththe surface:

•

Canyoubesuccessfulin an organization
thatvaluesdifferent
things?Willyoube seenas a valuedcontributor
to the
organization
evenwhenyoua motivatedby differentvalues?
Theansweris yes,but it takestonsof self-awareness
and
•
politicalsavvy.
Thefollowingtipswill helpyoualignyourvalueswiththoseof
the organization:

Findworkthatis compatible
withwhatyouvalue. Ideally
yourjob shouldbe closelyalignedwithwhatgivesyoua
•
senseof rreaningandpuri:ose.Wien youfind\t\Ork.
that
is compatible
withwhoyouare at the deepestlevels(your
values),youget excitedaboutwhatyouaredoingandwhy
youaredoingit. In doingso, youare notjust puttingin your
timeandpickingup a paycheck,youare pluggedin on many
levels(emotionally
andintellectually).

Is the organization
slowto changeor doesit switch
gearsfrequently?A conservative
organization
maynot
rewardmavericksor individuals
whoconstantlypush
innovationandchange.
Doesthe organization
valuecollaborative
decision
makingor individuals
whotakedecisiveand
quickactions?An individualwhoprefersto work
independently
andthriveson makingquickdecisions
maybe perceivedas a loosecannonandmaynotbe
valuedfor theirindividuality.
Whataresomebehavioralnormsof the organization
(timeliness
to meetings,professional
dress,loyaltyto
the team,positiveattitude,challenging
statusquo,being
a teamplayer,honestyandintegrity,accountability,
etc.) Whenthe behavioralnormsof theorganization
are ignoredor challenged,
supervisors
willanddo react
strongly,althoughnot necessarily
loudly.

Uncoverprojectsandtasksthatgiveyoua senseof
purpose.Findingcompatibility
maynot meanyouhaveto
leaveyourcurrentorganization
or position.It maymean
youhaveto lookaroundandvolunteerfor tasksthatare
congruentwithyourvaluesystem.Forexample,if you
aredrivenby helpingothers,volunteerto be a mentor.
Or explorethe stepsthatare necessaryto moveintoa
supervisory
position.Supervisors
havean opportunity
to
helppeoplegroweveryday.

DorothyLeeds(authorof SmartQuestions)
saysit best,
"It'snotenoughto do yourjob vvell.Yourrust finda WcJyto
tuneintothe vibrationsof the organization,
readthe hidden
messages,
andpickup on bothobviousandfaintsignals
that unerringlypointthewayto success."In the end,the
mostsuccessfulemployees
arethosewhounderstand
their
values,the valuesof the organization
andnavigatesthose
valueswithpersonalandprofessional
integrity.

As youprogressthroughyourmentoring
journey,youmaybe askingyourselfa
numberof questionsconcerning
where
youare in yourcareerat thismoment
andwhereyouplanor intendto be down
the road.Thenexttimeyoumeetwith
yourmentor,planto discussthe current
valuesof yourorganization
andhowthey
fit intoyourOMl. ThefollONing
aresorre
questionsto consider:

•
•

Whattypesof projectsgiveyoua senseof purpose?
Arethereanycommittees
or projectsthat youcould
volunteerfor thataligncloselywithyourvaluesystem?
• Whataresomedealbreakersfor youwhenit comesto a
professional
position/responsibility?
O Couldanyof thesedealbreakersbe a partof your
currentposition?
• Whatarethe unwrittenrulesof the organization?
O Teamworkrules?Feedbackrules?Management
and
decision-making
rules?
0 HoNdoes yourbehaviorfit?
Whatdo youvalue?
0 can you livewiththan or do youfindthemtoo
0 [k)es yourcurrenti:ositionfulfillyourvaluesand
stressfulto uphold?
passions?
0 In whatwayscouldyourbehaviorbe hurtingyour
...,.0 Arethereanypositionswithinthe organizationthat
professional
imageandcareer?
alignwithyourvalues?
EPA-17-0193 and EPA-17-0194-A-001469

I

American Oversight v. EPA (18-cv-00364)

ED_ 001686C _ OOOO
1564-00001

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Douglas Parsons
Thur 6/8/2017 12:04:53 AM
Productive meeting today

John
Thanks for all your kind words. Nice to see you today. Take care and best wishes for
everything in the future. Sure it will all work out for you. Hope so!!!! Best, doug

AMERICAN

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American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001470
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 Reeder, John[Reeder.John@epa.gov]
FSAFEDS
Wed 6/7/2017 3:10:05 PM
FSAFEDS App: Managing Your FSA with Ease

To:

From:
Sent:
Subject:

Dear FSAFEDS Participant,

Get to know the FSAFEDS app - it's the quickest way to manage your
Flexible Spending Account (FSA). You'll love the convenience of this
app. It's free and simple to use. And, it allows you to manage your FSA even when on the go.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001471
ED_001686C _00001577-00001

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001472
ED_ 001686C _ OOOO
1577-00002

 How to Get It
Just go to the App Store or Google Play and download the FSAFEDS app to
your mobile device. Then log in to the app with the same username and
password as your online account.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001473
ED_ 001686C _ OOOO
1577-00003

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001474
ED_ 001686C _ OOOO
1577-00004

 More Tips Headed Your Way
Look for additional emails with helpful tips in the near future. In the meantime,
learn more about your FSA by browsing the FSAFEDS website at
www.FSAFEDS.com . Or when questions arise, contact an FSAFEDS Benefits
Counselor Monday through Friday from 9 a.m. until 9 p.m. Eastern Time.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001475
ED_ 001686C _ OOOO
1577-00005

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001476
ED_ 001686C _ OOOO
1577-00006

 Toll-Free Phone:
877-FSAFEDS (372-3337)
TTY Line: 866-353-8058
International : +1 650-577-5294

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001477
ED_001686C _00001577-00007

 AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001478
ED_ 001686C _ OOOO
1577-00008

 FSAFEDS Program
5200 Commerce Crossings Dr., Suite 100
Louisville, KY 40229

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001479
ED_ 001686C _ OOOO
1577-00009

 To:
Reeder, John[Reeder.John@epa.gov]; Allen, Reginald[Allen.Reginald@epa.gov]; Lesperance,
Twanna[Lesperance.Twanna@epa.gov]
From:
Howell, Velveta
Sent:
Mon 6/5/2017 1 :19:00 PM
Subject: Missing Pay for the Past Payroll Period (Please read and reply ASAP today.)

Ex. 6 - Personal Privacy
' ---------------------------------------------------------------------------

·-I h-·-·-·-·-·-·-·-·-·-·-·-···-·-·-·-Ii
·-·-·-·-·-·-·-·-·-·-·-·-·-·
i
ave a meetmg t at starts
'at 9 a.m., MDT/11 a.m., EDT, but will be in my office until then. Thanks in advance for your
help.©
!

Ex. 6 - Personal Privacy

Velveta
-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
..

!Ex. 6 - Personal Privacy !
j_·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001480
ED_ 001686C _ OOOO
1588-00001

 To:

From:
Sent:
Subject:

Reeder, John[Reeder.John@epa.gov]
Bob Hickmott
Thur 6/1/2017 8:01 :59 PM
High Fives?

High fives amongst the new Storm Troopers today with abdication of the Paris Acord?

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001481
ED_ 001686C _ OOOO
1597-00001

 To:

From:
Sent:
Subject:

Parsonsr-·-·-E·i--s·-~--Pe'rsonaTP_r_i_vaci"-·-·1

Doug las
Reeder, John
L--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·'
Thur 6/8/2017 3:13:28 AM
Re: Productive meeting today

Thanks Doug. We really should've done this before, and I hope we start up a tradition. Maybe Clive can
be the accelerant (trying a big word).
Sent from my iPhone
> On Jun 7, 2017, at 8:05 PM, Douglas Parsons L_
__
Ex._6 _-Personal_P_rivacy___
] wrote:
>
> John
>
> Thanks for all your kind words. Nice to see you today. Take care and best wishes for everything in the

future. Sure it will all work out for you. Hope so!!!!

Best, doug

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001482
ED_ 001686C_ OOOO
1599-00001

 To:

From:
Sent:
Subject:

Krenik, Edward[edward.krenik@bracewell.com]
Reeder, John
Wed 6/7/2017 2:21 :17 PM
RE: Question

l___________________________
Ex._6__
-__
Pe_rs
onaI__
Privacy___________________________
!

From: Krenik, Edward [mailto:edward.krenik@bracewell.com]
Sent: Wednesday, June 07, 2017 10:07 AM
To: Reeder, John <Reeder.John@epa.gov>
Subject: RE: Question

!________________
Ex.__
6 _-__
Pe_rs
ona I__
Privacy _______________
!

EDWARD KRENIK
Partner
edward. kren ik@policyres.com
T: +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C.I20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in informat ion that is privileged or
confident ial. If you rece ived th is transm ission in error , please notify the sender by rep ly
e-ma il and delete the message and any attachments.
From: Reeder, John [mailto :Reeder .John@epa.gov ]
Sent: Wednesday, June 7, 2017 9:54 AM
To: Krenik, Edward
Subject: RE: Question

l_____________________
Ex.__
6__
-__
Pe rson a I _Privacy __________________
___!

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001483
ED_ 001686C _ OOOO
1600-00001

 Looking forward to it.
JR

From: Krenik, Edward [mailto:edward.krenik@bracewell.com ]
Sent: Wednesday, May 31, 2017 10:17 AM
To: Reeder, John <Reeder.John@epa.gov >
Subject: Re: Question

~

i

!i Ex. 6 - Personal Privacy I!
i

!

j_-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•

I

Sent from my

EDWARD KRENIK
Partner
edward. kren ik@policyres.com
T : +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C.I20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in informat ion that is privileged or
confident ial. If you rece ived th is transm ission in error , please notify the sender by rep ly
e-ma il and delete the message and any attachments.

-------- Original message --------

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001484
ED_ 001686C _ OOOO
1600-00002

 From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/31/17 10:13 AM (GMT-05:00)

To: "Krenik,Edward"<cdward .krenik@bracewell.com >
Subject: RE: Question

. ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,

i Ex. 6 - Personal Privacy !

t-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
i

'

;

!----------------~-~-------~----=----~-~-~~-~-~--~________________
1

From: Krenik, Edward [mailto:edward.krenik@bracewell.com ]
Sent: Wednesday, May 31, 201710:11 AM
To: Reeder, John <Reeder.John@epa.gov >
Subject: Re: Question

I

Ex. 6 - Personal Privacy

I

'·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-'

Sent from my

EDWARD KRENIK
Partner
edward.krenik@policyres.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001485
ED_ 001686C _ OOOO
1600-00003

 T : +1.202.828.5877 I F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in information that is privileged or
confident ial. If you rece ived th is transm ission in error , please notify the sender by rep ly
e-ma il and delete the message and any attachments .

-------- Original message -------From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/31/17 10:08 AM (GMT-05:00)

To: "Krenik,Edward"<cdward .krenik@bracewell.com >
Subject: RE: Question

r•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•~

i

I

!

Ex. 6 - Personal Privacy

I

i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~

From: Krenik, Edward [mailto:edward .krenik@bracewell.com ]
Sent: Wednesday, May 31, 2017 9:12 AM
To: Reeder, John <Reeder.John@epa.gov >
Subject: Re: Question

[___________
Ex.___
6___
-___
P_e
rso_
na I___
Privacy __________
]

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001486
ED_ 001686C _ OOOO
1600-00004

 Sent from my

EDWARD KRENIK
Partner
edward.krenik@policyres.com
T : +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in informat ion that is privileged or
confident ial. If you rece ived th is transm ission in error , please notify the sende r by rep ly
e-ma il and delete the message and any attachments .
-------- Original message -------From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/24/17 9:23 PM (GMT-05:00)
To: "Krenik, Edward" <cdward .krenik@brace well.com >
Subject: Re: Question

i

!_________________________________
Ex.__
6__
-__
Persona I__
Privacy _________________________________

Sent from my iPhone
On May 24, 2017, at 7:48 PM, Krenik, Edward <cdward .krenik @bracewell.com > wrote:

I Ex. 6 - Personal Privacy ]
i.-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-i

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001487
ED_ 001686C _ OOOO
1600-00005

 Sent from my Verizon, Samsung Galaxy smartphone

EDWARD KRENIK
Partner
edward. kren ik@policyres.com
T : +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. 120036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in informat ion that is privileged or
confident ial. If you rece ived th is transm ission in error, please notify the sender by
reply e-ma il and delete the message and any attachments .
-------- Original message -------From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/24/17 6:08 PM (GMT-05:00)
To: "Krenik, Edward" <cdward .krenik@bracewell.com >
Subject: RE: Question

'i
i
i

!!

! Ex. 6 - Personal Privacy

i

i
i
i
i

!
!

!
!
!
!

i--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-··

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001488
ED_ 001686C _ OOOO
1600-00006

 FYI - there once was a Nancy Beck in Region 2 ...she left the agency. She didn't show in
our directory, but still showed on the public site. Just one of those smooth operat ing EPA
things

From: Krenik, Edward [mailto:edward.krenik@bracewell.com
Sent: Wednesday, May 24, 2017 5:54 PM
To: Reeder, John <Reeder.John@epa.gov >
Subject: Re: Question

]

i Ex. 6 - Personal Privacy i
i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.

Sent from my Verizon, Samsung Galaxy smartphone

EDWARD KRENIK
Partner
edward .krenik@policyres.com
T : +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in informat ion that is privileged or
confident ial. If you rece ived th is transm ission in error, please notify the sender by
reply e-ma il and delete the message and any attachments .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001489
ED_ 001686C _ OOOO
1600-00007

 -------- Original message -------From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/23/17 10:00 PM (GMT-05:00)
To: "Krenik, Edward" <cdward .krenik@bracewell.com >
Subject: Re: Question

I saw on the public site the listing you're talking about. But I'm glad you found her. Now on
Ex. 6_- Personal _Privacy________
___:
to another matterL_________
Sent from my iPhone
On May 23, 2017, at 4:34 PM, Krenik, Edward <cdward .krenik@bracewell.com > wrote:
Its Beck not Becks. She is the pol in ORD. We talking same thing here.

Sent from my

EDWARD KRENIK
Partner
edward .krenik@policyres.com
T : +1.202.828.58771 F: +1.800.404.3970
BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001490
ED_ 001686C _ OOOO
1600-00008

 CONFIDENTIALITY STATEMENT
This message is sent by a law firm and may conta in informat ion that is
privileged or confident ial. If you received this transmiss ion in error, please
notify the sender by reply e-ma il and delete the message and any attachments .
-------- Original message -------From: "Reeder, John" <Rceder.John@epa .gov>
Date: 5/23/17 3:25 PM (GMT-05:00)
To: "Krenik, Edward" <cdward .krenik@bracewell.com >
Subject: RE: Question

I see just one in the directory that says OCSPP, and 202 564 1273 phone (not R2
number). What are you seeing? I looked at all the Becks ...nothing else close.

Do you want me to reach out and give her a heads up you are trying to reach her? I
don't really know her but she probably knows I'm a guy working with Ryan on the 3rd
floor.

From: Krenik, Edward [mailto:edward.krenik@bracewell.com ]
Sent: Tuesday, May 23, 2017 2:41 PM
To: Reeder, John <Reeder.John@epa.gov >
Subject: RE: Question

Yes but it says Region 2.

EDWARD KRENIK
Partner
edward.krenik@policyres.com
T: +1.202.828.5877 I F: +1.800.404.3970

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001491
ED_ 001686C _ OOOO
1600-00009

 BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

CONFIDENTIALITY STATEMENT
This message is sent by a law firm and may conta in informat ion that is
privileged or confident ial. If you received this transmiss ion in error , please
notify the sender by reply e-ma il and delete the message and any attachments .
From: Reeder, John [mailto:Reeder.John@epa.gov ]
Sent: Tuesday, May 23, 2017 2:40 PM
To: Krenik, Edward
Subject: RE: Question

Only one in the directory:

beck.nancy@epa.gov

From: Krenik, Edward [mailto:edward.krenik@bracewell.com ]
Sent: Tuesday, May 23, 2017 1:38 PM
To: Reeder, John <Reeder.John@epa.gov >
Subject: Question

What's Nancy Beck's email and phone number? There seems to be two of them at
EPA.

Sent from my

EDWARD KRENIK
Partner
edward.krenik@policyres.com

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001492
ED_ 001686C _ OOOO
1600-00010

 T : +1.202.828.5877

I F: +1.800.404.3970

POLICY RESOLUTION GROUP I BRACEWELL LLP
2001 M Street NW, Suite 900 I Washington , D.C. i 20036-3310
policyres.com I profile I download v-card

<image001. jpg>
CONFIDENTIALITY STATEMENT
Th is message is sent by a law firm and may conta in information that is
privileged or confident ial. If you received this transm ission in error, please
notify the sender by reply e-ma il and delete the message and any attachments.

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001493
ED_001686C_00001600-00011

 To:
From:
Sent:
Subject:

Rothenstein, Cliff L.[Cliff.Rothenstein@klgates.com]
Reeder, John
Thur 6/1/2017 6:24:16 PM
RE: follow up

Kaitlyn Shimm in.
Working in Congressional and Intergovernmental Relations.
Try 564 5200 - I don 't have her direct line handy.

V/R
JReeder
564 6082

!___
Ex._6_-_Personal_
_
Privacy __
i

From: Rothenstein, Cliff L. [mailto:Cliff.Rothenstein@klgates.com]
Sent: Thursday, June 01, 2017 1:34 PM
To: Reeder, John <Reeder.John@epa.gov>
Subject: RE: follow up

John - sorry to bug you but do you know who Katlyn Shannon (not sure that's the correct
spel ling) is?

From: Reeder, John [mailto:Reeder.John@epa.gov ]
Sent: Monday, May 22, 2017 4:52 PM
To: Rothenstein, Cliff L.
Subject: follow up

Cliff,

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001494
ED_001686C_00001610-00001

 I pinged Mandy and she suggested you call her direct line and leave a message because she is
out of the office.

The number she gave me is: 202-564-2314

Best,
JReeder
202 564 6082 (direct)

This electron ic message contains informat ion from the law firm of K&L Gates LLP. The content s may be privileged and confident ial
and are intended for the use of the intended addressee(s) only. If you are not an intended addressee. note that any disclosure.
copying, distribution , or use of the contents of this message is prohibited . If you have received this e-mail in error , please contact me
at Cliff. Rothenstein@klgates.com .

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001495
ED_ 001686C _ OOOO
1610-00002

 To:

From:
Sent:
Subject:

Olivia Trombadorei
Ex. 6 - Personal Privacy
Reeder, John
'
Wed 6/14/20171:39:29 PM
RE: [SPAM] Meeting the Administrator

:

I'll see what might be possible.
Do you mean to say you're here today thru Friday this week?
JReeder

202 564 6082
-----Original Message----Ex. 6 - Personal Privacy
From: Olivia Trombadore [mailtoj
Sent: Wednesday, June 14, 2017 12:21 AM
To: Reeder, John <Reeder.John@epa.gov>
Subject: [SPAM] Meeting the Administrator

!

Good Evening John,
I hope you are well!
My name is Olivia Trombadore and I am in EPA region 9. I started in February as a new Remedial Project
Manager for California sites in Superfund. It has been quite a whirlwind getting on board and learning
everything about EPA!
I am traveling to D.C. for business and would love to meet the administrator. I am in town this Wednesday
to Friday. I know he is very busy, so I understand if this is not possible.
All the best,
Olivia Trombadore

Sent from my iPhone

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001496
ED_001686C_00001611-00001

 ED_001686C_00000469

imagine
R

H

How

e

Overview

of Process
•
EPA-17-0193 and EPA-17-0194-A-001497

Pre-Deci sional - DRAFT

 ED_001686C_00000469

Section 1:
The time for change is now.
•
EPA-17-0193 and EPA-17-0194-A-001498
Pre-Decisional

- DRAFT

 ED_001686C_00000469
Pre-Deci sional - DRAFT

We are the world's largest healthcare spender, but our life
expectancy gap with other comparative countries is widening
SOARING

Increasing
$17,000
$15,000
g-$13,ooo
~ $11,000
~ $9,ooo
$7,000

ru
~

COSTS
Significant Government Spending
(2019, in billions)

U.S. Health Expenditures

• Series1

$1,500

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POOR HEALTH OUTCOMES
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1111
United Sta t es

•

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at birt h in y ears ~ 1980-2014

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EPA-17-0193 and EPA-17-0194-A-001499

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We are 12 of 12 among the
wealthiest industrialized countries

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Americans

are aging and many have costly chronic
AN AGING

POPULATION

WITH

CHRONIC

Increasing
Number of Americans
65 Years or Older
Age Group

350

65+

•
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250
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25 - 44
18 - 24

~ 50

(50)

4 5 - 64

1

2

3

•

Under 18

DISEASE

More Americans Have Multiple
Chronic Conditions

60%
50%
40%
30%
20%
10%
0%

50°/~8%

_Jl II ~;~~~ _s;i
1

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conditions

COSTS OF CHRONIC

2

3

4

• Ser iesl

5

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CONDITIONS

People with 5 or more Chronic Conditions
More than a Third of U.S. Healthcare

1J:
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Spend

-

5 or more chroni c conditions

Cl)

a:

1 chronic condition

w
4 chronic conditions

EPA-17-0193 and EPA-17-0194-A-001500

>

 ED_001686C_00000469

The United States faces intractable health and social problems
that require innovative solutions and bold leadership
OPIOID CRISIS
Increasing

CHILD OBESITY

Deaths from Drug Overdose

16...---- ---- - ---------All drug overdosedeaths

6 14
'i
"'5 12
g-

- -

---,

Drug overdosedeaths involving opioids

30 %

o. 10

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0

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(2011-2014)

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2002

2004

2006

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20 %
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2014

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MENTAL HEALTH

43

million Americans
meet the standard for
having a mental,
behavioural, or emotional
disorder that substantially
interferes with or limits life
activities

1

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million Amer icans
have a sec;ous mental ;llness

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EPA-17-0193 and EPA-17-0194-A-001501

>

 ED_001686C_00000469

Section 2:
Reimagine HHS sets a
• •
new v1s1on.
•
EPA-17-0193 and EPA-17-0194-A-001502
Pre-Decisional - DRAFT

 ED_001686C_00000469

Reimagine

HHS Process

E.O& 0MB
Memo

Architecture &
Governance
Structure

Leade rship

Dr. Price's
Speech

E. 0. on Reorganizing the Established Executive
Executive Branch & 0MB Committee, Steering
Memo on Reforming the Committee, and

Outlining valuesbased Reimagine
40,000 five-

Federal Gov ernment and
Reducing the Civilian

streamed Dr .

Workforce

Workgroup

Structure

career Leadership

Price's Launch

Speech

2-Week Ideation
Summit
Hosted 2 -week Ideation
Summit with 150+ HHS
staf f from all OpDivs & Staff
Divs, organized

by 5

strategic objectives; process

Define Reimagine
HHS Strategy
Using ideation inputs,
identified 6 Transformation
Areas to fundamen tally
enhance HHS m ission &

reduce costs

resulted in 28 initial
transformative solutions

Traditional
Inputs

Submit Draft
Reform Plan

Collect and

incorporate
additional inputs
from OpDivs, GAO
staff , Suggestion
Box and the public.
Exploring Delayering, re ~

structuring in
support of improved

delivery

2 S initii :;f solution

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We launche d Reimagine HHS to turn the tide on rising costs while improving America's
health and well-being over the next decade

EPA-17-0193 and EPA-17-0194-A-001503

P,·e-Decisionai

- DR/\ FT

w

>

 ED_001686C_00000469

This vision requires HHS to embrace a catalyst role and prioritize
uniquely qualified to deliver ...

services it is

TODAY

TOMORROW

Prescriptive to Partners
States, locals, tribes, territories,
international locations
Clinicians, patients, families,
communities
Private sector, non profits, academic
institutions

Empowering to Partners
Same stakeholders as today, while
shifting approach to creating
opportunities for choice
Renewed focus on collaboration with
industry and innovators

Large-scale, siloed funding,
focused on compliance
Disparate funding through grants,
cooperative agreements, contracts,
and reimbursements aligned to
Customers (e.g., healthcare
systems)

Strategic, integrated investments,
focused on outcomes
Customer AND consumer-driven
resources and solutions
Incentives to drive or correct market
dynamics
Data and insights

Legacy roles, tools, and processes
Diffuse and siloed organizations with
unique policies and procedures
Large workforce aligned to specific
programs or processes
Proprietary data systems

Exponential organization
Integrated enterprise that maximizes
scale for operational efficiency and
impact
Agile and high-performing workforce
Connected data platform that drives
a more effective ecosystem

EPA-17-0193 and EPA-17-0194-A-001504

1J:

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>

 ED_001686C_00000469

We imagine a future where HHS enables America to tackle its most pressing health
and wellness challenges
Example: HHS Catalyzes

Solutions to Opioid Crisis

At the center of
this ecosystem, HHS
is uniquely
positioned to
catalyze and
empower partners
to collaborate,
innovate, and solve
complex problems

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EPA-17-0193 and EPA-17-0194-A-001505

>

 ED_001686C_00000469

Section 3:
Next Steps
•
EPA-17-0193 and EPA-17-0194-A-001506
Pre-Decisional - DRAFT

 ED_001686C_00000469

We launched Reimagine HHS to turn the tide on rising costs
while improving America's health and wellbeing over the next
decade

lune 30: Submit Draft Agency
Reform Plan and Workforce
Management Plan to 0MB:
Includes six Reimagine HHS
Transformation Areas and additional
OpDiv input about potential reforms.

~

Sep 30: Submit FY19 Budget
(inc. Reform and Workforce
Reduction Plan) and Strategic
Plan to 0MB: Follow annual
budget process and integrate
releva nt elements of Reimagine H
Transfor mation Program into 0MB
submission.

FY19: Reimagine HHS
Implementation
- Stage 2:
Begin imp lement ing complex
initiatives.

FY18: Reimagine HHS
Implementation
- Stage 1: Begin
implementing quick win initiatives, within
HHS control, and further plan and
sequence pilots of comp lex initiatives .

Sept 30: Create a Reimagine HHS Transformation
Program: Develop a detailed plan for the Reimagine HHS
transfo rma tion program, governance, OpDiv and employee
engagement across six areas for mult~year transformation .

May 31: Define Reimagine HHS Strategy: Incorporating in put and
administration poli cy priorities, identified 6 Transformation Areas to
fundamentally enhance HHS mission and reduce costs.
May 2: Launch Reimagine HHS Initiative
40,000 (TBC) livestreamed Dr. Price 's Reimagine Launch Speech
Over a two- week Reimagine HHS Ideation Summit, 28 solution concepts
developed by 150 HHS staff spanning 5 strategic objectives
500 staff submissions t o HHS Suggestion Box and HHS Reimagine Email
182 Public Comments received

(9

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percentage complete

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EPA-17-0193 and EPA-17-0194-A-001507
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>

 Reeder, John[Reeder.John@epa.gov]
jack reeder
Sent:
Tue 6/13/2017 1:09:18 PM
Subject: Fwd: Follow up and Thank you
Reeder Resume 2017.mht
To:

From:

---------- Forwarded message ---------P-rTva.cy-·-·-·-·-·-·:
From: jack reeder i------·-·-·Ex.~s·-~-P-ersonaf"
Date: Mon, Jun 12, 2017 at 11:33 AM
Subject: Follow up and Thank you
To: "Tommy (DOEE)" <tommy.wells@dc.gov>

Tommy,
Thanks so much for meeting with me. It was very helpful, not to mention enjoyable. You have
had such an amazing career while keeping your focus on public service.
Two things:
1. I'd like to officially (from my EPA account) send an "ask" ...would you be willing to host an
EPA employee participating in our executive "candidate development program?" These are
highly energized/motivated individuals who've gone thm extensive screening and are now
looking for executive-level temporary "rotations" to gain experience. I'm on a committee
overseeing the program and just trying to help out. Actually, I mentioned to you that I
had reached out to Lisa Feldt -- it was about this because I knew she was familiar with the
program and might want to host someone at MoCo. These folks come FREE of charge (to
you) and are looking for opportunities/projects that can be completed (or brought to a significant
milestone) within a few months.
2. i Ex. 6 - Personal Privacy ]
L---·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-)

Again, it was wonderful getting to know the updated Tommy Wells, and I really appreciated the
opportunity.

---------- Forwarded message ---------From:

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001508
ED_ 001686D _ 00000044-00001

 To:
Cc:
Bee:
Date:
Subject:
QUFWUnhRcUVhV3YtNUh4NV1Ya1ZkZzAwMDA=

AMERICAN

OVERSIGHT
American Oversight v. EPA (18-cv-00364)

EPA-17-0193 and EPA-17-0194-A-001509
ED_ 001686D _ 00000044-00002

 To:
'Policy Coordinator' L........._...5~ :.~.:.P.1:
.rsonal Priva~y....- .. .-...1
joshua .venable@ed .govUoshua .vena ble@ed .gov] ;
Palmer .Wayne .D@DOL.gov[Palmer .Wayne .D@DOL.gov] ;
vivieca .wright@va .gov[vivieca .wright@va .gov] ; geoff .burr@do t.gov[geoff .burr@dot.gov] ;
lance .legg itt@hhs .gov[lance .leggitt@hhs .gov] ; heidi .green@osec .usda.gov[heid i.green@osec .usda.gov] ;
Jackson , RyanUackson.ryan@epa .gov] ; Jody .Hunt@usdoj .gov[Jody .H,unt@usdo i.gov];_.__...... .
WTeramoto@doc .gov[WTeramoto@doc .govJ; Byers , Bradley SES S[)j Ex. 6 o Personal Privacy i
Cc:
McGinley , William J. EOP/WHo[f .... . Ex
.:.s.~
.Persori'ai'.Priv
"acy".
......-y-......................"
From:
Sweeney , Kevin SES SD
'........................................................................~
Sent:
Subject:

Sat 6/10/2017 9:20: 16 PM
RE: Apprenticeship EO

Given this timeline , DoD cannot provide an appropriate review by Sunday at 8PM.

KMS

Kevin M. Sweeney
Chief of Staff
Office of the Secretary of Defense

703-692- 7100 (office)
~--..-.-.-.-.-..-.
-.-.-.-.-.-.-.-.-.-.-.i

l.

Ex. 6.o Personal.Prlvacy

,(mobile)

.----.---..---..-----.-------..-----.---..-.-------..-----..----.---..-----.---..---.

Ex. 6 - Personal Privacy

ii
!
i

i
!

'-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-..-o-.o-.-.-.-.-.-.-..-.-.-.-.-.-.-.-.-.-..

From: Policy Coordinator [mailto i

Ex. 6 - Personal Privacy

L . o oo .o o o . o . o . o .o ..o . o . o . o .o . o . o . o . o .o oo . o . o . o . o . o . _ , _ __ , _ __ __., o . o . o . o . o. o . o .o . o .o. o . o ..

VERSIGHT

i

EPA-17-0193 and 17-0194-B-000001

ED_001686C_00001014

Sent: Saturday, June 10, 2017 11:56 AM
To: joshua.venable @ed .gov ; Palmer.Wayne.D @DOL.gov ; vivieca.w1ight@va.gov;
geoff.bm1@ dot.gov ;_lance.le_ggitt
@hhs .gov. heidi.green @osec .usda.gov; Sweeney , Kevin SES
SDi Ex. 6 - Personal Privacy i jack son. ryan @epa.gov ; Jody .Hunt@usdoj .gov;
wteramoto @doc.gov ..---.-------------'

Cc: Policy Coordinator 4
Ex. 6 - Personal Privacy
Subject: Apprenticeship' EO

!

ED, DOL, VA , DOT, HHS, USDA, DOD , EPA, DOJ, and DOC:

Attached please find a draft of an Executive Order entitled "Expanding Apprenticeships in
America." Your agency manages at least one job training program, or has expressed interest in
apprenticeship policy, and therefore we respectfully request your review.

Please return comments to the White House Policy Coordinator by Sunday. June 11 at 8PM.

Important-this is an eyes-only distribution. This EO should not be shared beyond the person
needed to give adequate review.

Thank you ,

White House Policy Coordinator

VERSIGHT

EPA-17-0193 and 17-0194-B-000002

ED_001686C_00001014

To:
'Policy CoordinatorL. .............. Ex..s o PersonalPrivacy................J
Jody. Hu nt@uspai..ao.v.lJad.\l.Hunt@J.lS.doj .gov] ; Michael. Britt@dot.gov[M ichael.Britt@dot .gov] ; Sweeney ,
Kevin SES SDl, Ex ..s . .Personal. Privacy__!brian .mccormack@hq .doe .gov(brian .mccormack@hq .doe .gov ];
Scott Homme~@ios.doi.gov[Scott_Hommel@ios .doi.gov] ; Jackson , RyanOackson .ryan@epa .gov] ; 'Staff
Secretary L ...........~~
.~~.:.!'.~~~~1._P!~v
.~~Y~..-. ....j Wevley , Crajo.M..C.AeI!JSN.O.SQ .QUS D A TL
(Us r.-... e~'...s":..p~.~;-c:;-~
.;j .p~j";;~y........1so - ExecSec MA! Ex. 6- Personal Privacy :Sweeney , Kevin SES
.e.rsoiiai""Privacy
.:~:J"
Fallefr',
Craig RADM SQ.LEx.6: .P..emmal.P.ri11.atY
...L6.ii,nch, La nee Col
S o(L"...Ex:.s :.P
so~.-~~:.~:.!".e:.:i?..n.a~
.~rj~~,~Y-..
l ?.t.9._ddard
, Ryan CDR SDL.Ex,.6..:.eeison.a.U~riv.a.!.y_
_!Braman , Matthew COL
S Dh..-.-.-Elk6.:.P..~r.s-9.na
L~rJYaC\\
.....JWalsh , Laurel Col SD_t:~ :.~.:.!.'..:r:~.n.~.1.~r!
.~.~~.~...i;Do~nell~, Sally SES
SDL..~~:.~.:~1:r_~.?.."..'~
1.~~ovacy i Byers , Bradley SES S DO Ex. 6. PersonalPrivacy :Reid , Enc LtCol
$ DL
_Ex. 6 ~ Personal Privacy __r.......-.-.

"...-.-.-.
-.-.-...-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

From:

Mohler , Hallock CDR SD
Sent:
Thur 6/8/2017 9 :33 :39 PM
Subject: RE : Permitting Process EO
Permitting - Staff Sec 6.5.docx
Army Corps of Engineers Comments on Draft Permitting EO 8 jun 17 (002).docx
Policy Coordinator:
1. DoD has reviewed and notes the following from its review of the draft Executive Order :

Ex.5

- Deliberative

Process

2 . Also, since the U.S . Army Corps of Engineers Civil Wo rks has a separa te regula tory permitting
authority , we are submitting for your review the attached comments from the Assista nt Secre tary of the
Army for Civil Works .
Vr ,
CDR Hallock "Hal" Mohler Jr.
Executive Secre tary
Departme nt of Defense
Office : (703 ) 692-7120

VERSIGHT

EPA-17-0193 and 17-0194-B-000003

ED_001686C_00001125

'
i

!
!

i

!

! Ex. 6 - Personal Privacy

!

i

!

i---.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-..-.-.-.-.-.-.-.-.-.-.-i
-----Original Message---~tr:i:;is.~~tiE!~~r~~~~~~:~~~:~~~~
=~~~
~~J
Fro m: Pol icy Coordinator [mailta .- ..-..-.-.- ..~~~~~
Sent: Monday , June 5, 2017 11 :40 PM
,.o...o...o.......................o.o.......o.........o.,
0_
To : Jody .Hunt@usdoj .QO.Y:..Mi~tll:.l~t6.ritt@cto19.Q
.Y:..9weeney , Kevin SES SD L......~~=~.: ..P..f:rJ_
i:i_a,t~i
.~.~.~.L- ..J
Mohler, Hallock CDR SDt...~~: ..?..
.:~~.~~<?.!1_a_~~~i_".'_3..~JPY
....ibrian.mccormack@hq .doe .gov ;
Scott_Hommel@ios .doi.gov ; jackson .ryan@epa .gov
..... .-.-... ... Ex. s - Personal Privacy.-.... ...........-.!
Cc: Policy Coordinator 1..
Subject: Permitting Process EO
DOD, DOJ, DOT, DOE, DOI, and EPA Please find attached an Executive Order entitled "Establishing Discipline and Accountability to the
Environmental Review and Permitting Process for Infrastructure Projects" (Permitting Process EO). The
Order references each one of your agencies, and therefore we respectfully request your review. Please
return comments to the White House Policy Coordinator by Thursday at 8PM.
Important -- this is an eyes only distribution . This Order should not be shared beyond the person needed
to give adequate review.
Thank you,
POLICY COORDINATOR

VERSIGHT

EPA-17-0193 and 17-0194-B-000004

ED_001686C_00001125

To:
Kelly , Albert[kelly .albert@epa .gov] ; Falvo , Nicholas [falvo .nicholas@epa .gov]
Cc:
Fonseca , Silvina[Fonseca .9ilvina@epa .aovl : Reeder ,.JohnJReeder.John@epa .gov] ; Morefield ,
E_~:..~..::.Personal Pri~ L ...o...o.o...J
Deborah A CIV OSD OUSD ATL (USX
From:
Sullivan, Maureen SES OSD OUSD ATL (US)
Sent:
Tue 6/ 13/2017 1: 10:44 PM
Subject: DoD Discussion (UNCLASS IFIED)
Groundwater DoD Handout for 24 May 2016 0MB Meetinq.docx
EPA Opportunities for Improvements Final.docx
smime.p7s
CLASS IFICATION : UNCLASSIFIED
Kell and Nick
Thanks again for meet ing with us. We appreciate all of the time you took with us.
I meant to send these two files to you last wee k. These are the documen ts we gave you . Please let us
know if you have any questions.
We look forward to continuing the dialog ue.
v/r
Maureen Sullivan
DASD(ESOH )
(703)695.7957 ,..o...o.o...o...o.o.o.o...o.o...o.o
.BJackhe.cr:\l..C.eJU..~?::.6.:~.!!~.
~~~.'.~'.!':'~
~.d ....o

L_Ex. 6 - Personal.Privacy ..!
*****NEW *****
Nicha Jumsil
Executive Assistant
Pentagon , Room 5C646

,.I.l.Q3.l5.ZJ.~.
QQ.7.J
...........................,
: Ex. 6 o Personal Privacy

i

l ___..- .- .-. - .- ..- .-..- .- .- ..- .-..- .- .- .- -- ..- .-.- .- .- ..- .-..- .- .- .

I

o-..oOr iginal Message-oo.
From: Kelly, Albert [mailto:kelly.albert@epa .gov]
Sent: Monday , June 5, 2017 10:55 AM
...Io .:..Beeder....Jo.bn .:;;Raeder..J.ohnC@.eQa
.gov> ; Sullivan , Maureen SES OSD OUSD ATL (US)
i Ex. 6 o Personal Privacy
i
' Cc : Fonseca , Silvina <Fonseca .Silvina@epa .gov> ; Falvo, Nicholas <falvo.nicholas@epa .gov>
Subject: [Non-DoD Source] RE: connection
Thank you John . I look forward to speaking with you Ms . Sullivan .
Albert Kelly
Senior Advisor to the Admin istrator
1200 Pennsylvan ia Avenue , NW
, Washington , _DC,20460
! Ex. 6 - Personal Privacy i

......-.-.-'-o-.o-.-.-.-.-.-.-.-.-.-._.,

From: Reeder , John
Sent: Monday, June 5, 20 17 10:52 AM

VERSIGHT

EPA-17-0193 and 17-0194-B-000005

ED_001686C_00001554

__To:_Kelly, Albert_<kelly.albert@epa .gov> ; Sullivan , Maureen SES OSD OUSD ATL (US)

!
I

Ex. 6 - Personal Privacy

(

Cc: Fonseca , Silvina <Fonseca .Silvina@epa .gov>
Subject: connection

Good Morning ,
I'm writing simply to connect you two . Maureen is a friend from my days in EPA's federal facility office ,
and has been a great colleague and key player on federal facility policy and DoD clean ups . Albert
(known as Kell) is leading Administrator Pruitt's initiative on Superfund acceleration/streaml ining.
Maureen , I spoke with Kell , who welcomes a chance to talk . You can reach him via email or phone 202

564 5086 .

Maureen's number is

.-.-.-.-.-.-..-.-.-.-.-.-.-.-.-.-.-

i

Ex. 6 -Personal Privacy

l - o-oooo.oooo-

i

oooo oo oo o.o oo oo oo oo oo o -

Of course let me know if I can be of assistance in any way . My numbers follow .
V/R
John E. Reeder
,__202._564_
6.082,(direct)
i Ex..Oo Porsonol Prlvocy !(mobile)
l- . - -- .-- - -- -- --. . - -~.-- -- -- .- -- __,

CLASSIFICATION: UNCLASSIFIED

VERSIGHT

EPA-17-0193 and 17-0194-B-000006

ED_001686C_00001554

To:
Cc:
From:
Sent:
Subject:

Kelly, Albe rt[kelly.albert@epa.gov]; Reeder , John[Reeder.John@epa.gov]
Fonseca , Silvina [Fonseca.Silvina@epa.gov]; Falvo, Nicholas[falvo.nicholas@epa .gov]
Sullivan , Maureen SES OSD OUSD ATL (US)
Thur 6/8/2017 5:33:00 PM
Re: [Non-DoD Source] RE: connection - meeting with DoD

I am here for our 1:30 meet ing. I am in the lobby. Need to have some one sign us in.
Thanks
Maureen
Sent from my BlackBerry 1O smartphone.

Thank you John. I look forward to speaking with you Ms. Sullivan.
Albert Kelly
Senior Adv isor to the Admin istrator
1200 Pennsy lvania Avenue, NW

,.W.ashineton._DL ~0460

!! Ex. 6 o Personal Privacy ii
.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.,

From : Reeder, John
Se nt : Monday, June 5, 2017 10:52 AM

To: Kelly, Albert <kelly .albert@epa.gov> ; Sullivan, Mau reen SESOSD OUSD ATL (US)

!

Ex. 6 - Personal Privacy

l

' Cc: Fonseca, Silvina <Fonseca.Silvina @epa.gov>
Subj ect : connecti on
0

Good Morn ing,
I'm wr iting simp ly to connect you two. Mau reen is a fr iend from my days in EPA's fede ral faci lity off ice,
and has been a great colleague and key player on federa l fac ility pol icy and DoD clean ups. Albert
(know n as Kell) is leading Admi nist rator Pruitt' s init iat ive on Superfu nd acceler atio n/st ream lining.
Mau reen, I spoke w ith Kell, wh o welcomes a chance to t alk. You can reach him via ema il or phone 202

564 5086 .

,.-.-.-.-.-..-.-.-.-.-..-.-..-.-.-..-,

Maureen's numbe r i~--Ex. 6o P01$0011Prlvacy ___i

Of course let me know if I can be of assistance in any way.

VERSIGHT

My numbers foll ow .

EPA-17-0193 and 17-0194-B-000007

ED_001686C_00001571

V/R
John E. Reeder
202 564 6082 (direct)

[;~~;~-~~;~;;~;
.;ri.~;~;J
(mobile)

VERSIGHT

EPA-17-0193 and 17-0194-B-000008

ED_001686C_00001571

To :

From:
Sent:
Subject:

Sullivan , Maureen SES OSD OUSD ATL (USl
Ex. 6 - Persona l Priva cy
o
'- - . - . - -- .. - -- -- . - -- -.- -- . - -- -- . - -- ...- -- -- -- -- .. - -- . - --- --. - -- ' - -- -- . - -- .o.- --. ___ J
Reeder, John
Tue 6/6/20 17 1:43 :02 PM
RE: connection (UNCLASSIFIED )

Hi Maureen,
I jus t rang you and got a very professional assistant.
!

i

!

; Ex. 5 - Deliberative Process

!

;

!

r

l- -- .- .-. - .-.- .- .- .- .- .- .- .- .- .- .-.- .-.-. - .- .- .- .- .- .- .- .- .- .-.-. -.- .- .- .- .- .- .- .- .- .- .-.- .- .- .-. - .- .- .- .- .- .-.- .- .- .- .- .- .- .-.-. - .-.- .-. - .- .- .- .- .- .- .-. -.- .- .-. - .- .- .- .- .- .- .-.- .- .-. - .- .- .- .- .- .- .-.- .- .-. - .-.- .- .- .- . .

If you want the "lay of the land," Silvina has a good perspective on the whole project (as a caree r person
on detail here on third floor). Her home office is Jim Woolford's , so she has deep knowledge of the clean
up program. Her number is 202 564 1955.
Enjoy your week!
John
202 564 6082

-----Orig ina I Message----,..................-.........-....................................
...... ..................
Ex. 6 - Persona l Privacy
!
From: Sullivan , Maureen SES OSD OUSD ATL (US) i
Sent: Monday , June 05 , 201711 :13 AM
'......................... .... ................................... ...................'
To: Reeder, John <Reeder .John@epa .gov>; Kelly, Albert <kelly .albert@epa.gov>
Cc: Fonseca , Silvina <Fonseca .Silvina@epa .gov>
Subject: RE: connect ion (UNCLASSIFIED)
CLASSIF ICATION : UNCLASSIFIED
Thanks John
Kell -- Would be glad to talk. The DoD team has several areas of conce rn with EPA's approach to the
Superfund sites -- driving up costs dramatically with little to no environmen tal benefit. I will reach out to
you later today to set up a time when we can meet. Appreciate you taking the time.
Maureen Sullivan
DASD(ESOH)
(703)695-7957 ,......................................,
Blackbe rrv Cell i Ex. 6 o Personal Privacy J
' --.---.-.---.-.-.--:....l.
._.-o-o.
---.J..------.----------~:"'
!
Ex. 6 - Persona l Privacy
L ---- .- .- .- .- .- .- .- .- .- .- .- . - .- .- .- .- .- .- .- .- o-.o- .-.- .- .- .- .- .- .- .- .- .-'

*****NEW *****
Nicha Jumsil
Executive Assistant
Pentagon, Room 5C646
(703)57 1-007 1
nicha .jumsil.ct r@mail.mil

-----Original Message----From: Reeder, John [mailto :Reeder.John@epa.gov]
Sent: Monday, June 5, 2017 10:52 AM
To : Kelly, Albert <kelly .albert@epa.gov> ; Sullivan , Maureen SES OSD OUSD ATL (US)

VERSIGHT

EPA-17-0193 and 17-0194-B-000009

ED_001686C_00001604

<maureen .sullivan 18.civ@mail.mil>
Cc: Fonseca, Silvina <Fonseca.Silvina@epa.gov>
Subject: (Non-DoD Source] connection
Good Morning ,
I'm writing simply to connect you two. Maureen is a friend from my days in EPA's federal facility office,
and has been a great colleague and key player on federal facility policy and DoD clean ups . Albert
(known as Kell) is leading Administrator Pruitt's initiative on Superfund acceleration/streamlining.
Maureen, I spoke with Kell, who welcomes a chance to talk. You can reach him via email or phone 202
564 5086.
Maureen's number is 703 695 7957.
Of course let me know if I can be of assistance in any way.

My numbers follow.

V/R
John E. Reeder
202 564 6082 (direct)
L~~:
.~:-~..".~~
-~'.~.~~-~~:.:".J
mobile)

CLASSIFICATION : UNCLASSIFIED

VERSIGHT

EPA-17-0193 and 17-0194-B-000010

ED_001686C_00001604

From:
Subject:
Date:
To:
Cc:

Kaminer, Joan Kaminer.Joan@epa.gov
American Oversight v. EPA (18-364)
September 10, 2018 at 10:07 AM
Sara Creighton sara.creighton@americanoversight.org
Wechsler, Peter (CIV) Peter.Wechsler@usdoj.gov, Daniel.Mcgrath@americanoversight.Org

o

Sara,
Please find attached one additional record responsive to request EPA-HQ-2018-008850
and an updated index of records released. This record is released in part with information
withheld under FOIA Exemption 6.
Please contact to Peter Wechsler if you have any questions.
Regards,
Joan G. Kaminer
Attorney-Advisor
EPA/OGC/GLO/ILPG
202-564-0334
Kaminer.joan@epa.gov
------

==
~

---

X -ED_001523B_00
00125...81.pdf

American
Oversi...ex.xlsx

To:
Cc:
From:
Sent:
Subject:

Ford, Hayley[ford.hayley@epa.gov]
Hupp, Millan[hupp.millan@epa.gov]; Robin Jones[robin .jones@sallt.com]
Wes Lane
Tue 9/5/2017 6:25:29 PM
Re: SALLT & Museum of the Bible Grand Opening - speaking request

Thank you Hayley! Let me also direct you to our point person on the project , Robin Jones, who
is the "repository of all knowledge" for anything you might need to know. I cc her herein. We
are grateful to all of you!
On Tue , Sep 5, 2017 at 1:09 PM, Ford , Hayley <ford .hayley@ep a.gov > wrote:
Hello Wes ,

I hope you're having a good start to your week. I wanted to reach out and introduce myself
as your primary contact for the below event and any future scheduling requests for the
Administrator. We are confirmed for the morning of December 8th and look forward to it. If
you have any questions, feel free to reach out to me. As we get closer, I will likely reach
out for additional details.

Thank you!

Hayley Ford
Office of the Administrator
Environmental Protection Agency
Room: 3309C William Jefferson Clinton North
ford .hayley@epa .gov
Phone: 202-564-2022
Cell: 202-306-1296

From: Wes Lane <wlan e@sallt.com >
Date: June 14, 2017 at 12:48:48 PM EDT
To: Edward Prn i tt <l.-.-.-Pe-,ionai-.Ema"1
i1E
.x~.s.-.-.1
'.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-..J

.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. .

Cc: Sydney Hupp f~--~--~~~~~~-~~f~
-~~-~_[~
_~;--~~
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, Millan Hupp~
Perso~!I ~~-~!~!
.~~:--~---.-.--.!
Subject: Re: SALLT & Museum of the Bible Grand Opening - speaking request

AMERICAN

OVERSIGHT
17cv1906 Sierra Club v. EPA

EPA-17-0193-C-000001
ED_001523B_00001253-00001

Yippee! Thanks Scott!

__
Personal_Email/Ex._6
____!wrote:
On Tue, Jun 13, 2017 at 6:52 PM , Edward Pruitt i__
Greetings Wes --- how wonderful to receive your email. Please know I appreciate
your prayers and encouraging words. With regard to connecting with you and
your Sallt colleagues , it would be a pleasure and privilege to do so. I will forward
this to the scheduling team , and they will go to work on it and see what can be
done . See you soon , I trust , and Godspeed my friend! Keep interceding!
Sent from my iPhone
On Jun 12, 2017 , at 11:36 AM, Wes Lane <wlane@sallt.com > wrote:
Hi Scott,

You're in my prayers my brother! I'm proud of you. Keep draining ... :)

So, doubtless you know the Museum of the Bible's grand opening is coming
up this fall. SALLT is hosting a special trip for that opening December 6 thru
8. We brought around 25 alumni to the topping out ceremony last fall. James
Lankford met us and gave us a "prayer walk" Capitol tour.

I expect we'll have 25 - 50 SALLT alumni for this event Scott , and we are
hoping to intersect with you while in DC like we did with James last time .
Our first thought is to have you meet our group at our hotel for breakfast on
Friday Dec 8, but if that isn't optimal for you , we'd work with you for other
opportunities. The museum actually has a lot of neat stuff taking place for us including the Broadway musical production of "Amazing Grace" in the
museum theater on Thursday night. Heck, you might want to come with us!

Anyway, I'm tossing this out way in advance and will work with whomever
you want. These are your people my friend and we would love to have you
share your SALL Ty heart & thoughts as you feel led. I've no doubt they
would deeply appreciate you sharing with them.

AMERICAN

OVERSIGHT
17cv1906 Sierra Club v. EPA

EPA-17-0193-C-000002
ED_001523B_00001253-00002

Thanks Scott, please let me know your thoughts or send someone my way to
work details .

God bless!
Wes

Wes Lane
President , SALL T
(Salt and Light Leadersh ip Train ing)
PO Box 270084 / OKC , OK 73137
wlane@sallt.com / www.sallt.com

Wes Lane
President, SALL T
(Salt and Light Leade rship Train ing)
PO Box 270084 / OKC , OK 73137
wlane@sallt.com / www .sallt.com

Wes Lane
President,

SALLT

AMERICAN

OVERSIGHT
17cv1906 Sierra Club v. EPA

EPA-17-0193-C-000003
ED_001523B_00001253-00003

(Salt and Light Leadership Training)
PO Box 270084 / OKC, OK 73137

wlane@sa llt .com / www .sallt.com

AMERICAN

OVERSIGHT
17cv1906 Sierra Club v. EPA

EPA-17-0193-C-000004
ED_001523B_00001253-00004