UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 5

77 WEST JACKSON BOULEVARD

CHICAGO, IL 60604-3590

REPLY TO THE ATTENTION OF

C-14J
Via Federal Express

October 17, 2008

Melanie Sloan, Executive Director

Citizens for Responsibility and Ethics in Washington
1400 Eye Street, N.W., Suite 450
Washington, DC 20005

Re: Freedom of Information Act (FOIA) Request from Citizens for Responsibility and
Ethics in Washington (CREW), Dated May 7,2008, as Amended May 15,2008
(05-RIN-01035-08 and HQ-RIN-1328-08); Partial Response

Dear Ms. Sloan:

In response to the above-referenced FOIA request, enclosed is a DVD containing FOIA

nonexempt records potentially responsive to your request, and additional paper file
records that are potentially responsive as well.

This letter also is to confirm that CREW has granted EPA Region 5 an extension to until
October 24,2008, to send CREW a partial denial letter with respect to those Region 5
records responsive to your FOIA request that are being withheld. Thank you for this
extension. Please note that it is possible next week during the preparation of the partial
denial letter that Region 5 may discover it has inadvertently withheld FOIA nonexempt
records responsive to your request. If such inadvertently withheld records are discovered,
such records will be mailed to you on or before October 24, 2008.

With respect to the documents produced in response to this FOIA, EPA shall not be held
to have waived its ability or right to invoke any applicable privilege which could be
accorded in the future under any applicable law or rule of judicial procedure for any
similar documents or related information. To the extent EPA, after a full and deliberate
consideration of all the interests involved, has used its discretion in this matter to disclose
information otherwise exempt under FOIA, the Agency shall not be held to have waived
its ability or right to invoke any applicable FOIA exemptions for similar or related
information in the future.

Recycled/Recyclable. Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)
 2

If you have any questions, please do not hesitate to contact me at (312) 886-6082. I
appreciate your cooperation and patience as EPA strives to complete its response to your
FOIA request.

Enclosure

cc: Anne Weismann, Esq. (letter only)