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'35 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
El REGION 6
1445 R038 AVENUE, SUITE 1200
DALLAS. TEXAS 75202 2733

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Of?ce of the Regional Administrator

MEMORANDUM

SUBJECT: Recusal Statement

FROM: Anne L. Idsal. . aw ??01 dcwe? 

Reg1ona1 Administrator

TO: Andrew Wheeler
Acting Administrator

I have previously consulted with the Of?ce of General Counsel/Ethics (OGC/Ethics) and the
Region 3 ethics team and been advised about my ethics obligations. This memotandum formally
noti?es you of my continuing obligation to recuse myself from participating perSonally and substantially
in certain matters in which I have a ?nancial interest, or a personal or business relationship. I also
understand that I have obligations pursuant to Executive Order 13770 and the Trump Ethics Pledge that
I signed as well as my own bar obligations.

FINANCIAL CONFLICTS OF INTEREST

As required by 18 U.S.C. 208(a), I will not participate personally and substantially in any
particular matter in which I know that I have a ?nancial interest directly and predictably affected by the
matter, or in which I know that a person whose interests are imputed to me has a ?nancial interest
directly and predictably affected by the matter, unless I ?rst obtain a written waiver, pursuant to 18
U.S.C. 208(b)(1), or qualify for a regulatory exemption, pursuant to 18 U.S.C. 208(b)(2). I
understand that the interests of the following persons are imputed to me: any spouse or minor child of
mine; any general partner of a partnership in which I am a limited or general partner; any organization in
which I serve as of?cer, director, trustee, general partner or employee; and any person or organization
with which I am negotiating or have an arrangement concerning prospective employment.

I have consulted with OGCfEthics about my family?s closely-held corporation, Idsal Family
Properties Management. I will continue to have a ?nancial interest in this entity but receive only
passive income from it. I will not participate personally and substantially in any particular matter that
will have a direct and predictable ?nancial effect on the ?nancial interest of Idsal Family Property
Management, unless I ?rst obtain a written waiver from the Of?ce of General Counsel pursuant to
Section 208(b)(1).

Unless I am authorized to participate by the Of?ce of General Counsel (OGC), I am disquali?ed
from participating in any particular matter involving speci?c parties in which the following entity is a
party or represents a party:

This paper is printed with vegetable-oiI-based inks and is 100-percent postconsumer recycled material.
chlorine-free-processed and recyclable.

 

NAME OF ENTITY DATE WHEN RECUSAL ENDS

 

Continues for as long as I have an interest in a pipeline

Valley Crossmg Pipeline easement with this entity

 

 

 

 

OBLI GA TIONS UNDER EXECUTIVE ORDER 1 3 770 I

Pursuant to Section 1, Paragraph 6 of the Executive Order, I understand that I have ethics
obligations with respect to any former employer during the preceding two years, as well as any
organization in which I held a ?duciary duty. For purposes of this restriction, the entities that fall within
the prohibition are the Texas General Land Of?ce (TX GLO) and the Leukemia Society.

The Executive Order provides more restrictions than the federal ethics rules, but I am advised by
OGC/Ethics that these additional restrictions contained in the Executive Order regarding the TX GLO as
my former employer do not apply to me. The de?nition of ?former employer? in the Executive Order
excludes state government.1 Therefore, OGC/Ethics has con?rmed that I am not subject to the
additional Executive Order restrictions regarding former employers for the TX GLO.

I understand that I am prohibited from participating in any particular matter involving speci?c
parties in which the Leukemia Society is a party or represents a party. My recusal lasts
for two years from the date that I joined federal service. I have been advised by OGCXEthics that, for the
purposes of this pledge obligation, the term ?particular matters involving speci?c parties? is broadened
to include any meetings or other communication relating to the performance of my of?cial duties, unless
the communication applies to a particular matter of general applicability and participation in the meeting
or other event is open to all interested parties. I am further advised that the term ?open to all interested
parties? means that the meeting should include a multiplicity of parties, representing a diversity of
viewpoints. If my former employer is present, then I understand that, generally speaking, at least four
other parties should be present to ensure that a diversity of viewpoints is represented and not the same
united perspective.

OBLIGATIONS UNDER THE IMPARTIALITY PROVISIONS

I am advised by OGC/Ethics that Executive Order 13770 de?nes ?former employer? to exclude
state or local government entities. But as an executive branch employee, I understand that I am also .
subject to the federal impartiality standards and have a ?covered relationship? with my former employer
who is a state government. However, on December 28, 2017, Designated Agency Ethics Of?cial
issued an impartiality determination that authorizes me to participate in speci?c party matters that
involve the State of Texas, but not on the very same speci?c party matters I worked on personally and
substantially while employed with the TX GLO.

ATTORNEY BAR OBLIGATIONS

Pursuant to my bar rules, I recognize that I am obligated to protect the con?dences of my former
clients. I also understand that I cannot participate in any matter that is the same as or substantially

 

1 See Exec. Order 13770, Section 20), which provides that ?former employer? does not include. ..State or local
government.?

2

 

related to the same speci?c party matter that I participated in personally and substantially, unless my bar
provides for and I ?rst obtain informed consent and notify OGC/Ethics. I am therefore recusing myself
from participation in all matters related to the Texas Regional Haze 5 Year Program Report and the
Texas S02 Transport SIP.

SCREENING ARRANGEMENT

In order to ensure that I do not participate in matters listed above, I will instruct the Acting
Deputy Regional Administrator, Region 6, to assist in screening EPA matters directed to my attention
that involve those matters. To help ensure that I do not inadvertently participate in matters from which I
am recused, I am directing the Acting Deputy Regional Administrator to seek the assistance of the
Region 6 Ethics Team and/or OGC/Ethics if he is ever uncertain whether I may participate in a'matter.
All inquiries and comments involving the entities on my recusal list should be directed to the Acting
Deputy Regional Administrator without my knowledge or involvement.

If the Acting Deputy Regional Administrator determines, with input from Region 6 Ethics and/or
OGC/ethics as appropriate, that a particular matter will directly involve any of the matters described
above, then he will refer it for action or assignment to another, without my knowledge or involvement. I

will provide a copy of this memorandum to my principal subordinates and Justina Fugh, Senior Counsel
for Ethics.

UPDATE AS NECESSARY

I In consultation with OGC/Ethics or the Region?s ethics team, I will revise and update my recusal
statement whenever warranted by changed circumstances, including a determination that I worked
personally and substantially on a particular matter, not yet identi?ed, while at TX GLO, changes in my
?nancial interests, changes in my personal or business relationships, or any changes to my EPA duties.
In the event of any changes to my screening arrangement, I will provide a copy of the revised recusal
statement to you, OGC/Ethics, and my principal subordinates.

cc: David Gray, Acting Deputy Regional Administrator, Region 6
Ben Harrison, Acting Regional Counsel, Region 6
Jan Gerro, Regional Ethics Counsel, Region 6
Terry Sykes, Regional Ethics CounSel, Region 6
Justina Pugh, Senior Counsel for Ethics