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FOIA Response I. Applies only to RCRA and CERCLA matters - Do not need to include
FOIA Response
I.
Applies only to RCRA and CERCLA matters - Do not need to include info on
air issues, mothballed sites or other Dow-related issues.
2.
Do not need to provide copies of any documents
sent by or sent to Greg
Rudloff. All e-mails - even forwarded messages that include additional text
are separate documents. Copies of documents that have been marked are
separate documents.
3.
For relevant documents not required to be disclosed under FOIA, you can
segregate the documents and just provide the following infonnation to Mark
Palenno:
a.
Documents should, if possible be segregated into categories by
the reason
they are not required to be disclosed. The following categories are being
used:
1.
ADR Confidential
11.
Attorney Client Privilege - All communications sent directly to or
received directly from an attorney fall under this category even if
subject to another category
111.
Deliberative Process (if possible segregate into RCRA and
CERCLA subcategories)
IV.
Enforcement Confidential
b. For e-mails - Just need the number of e-mails that fall into each category.
Additional infonnation may be required at a later date so it would be
helpful to create a folder for e-mails.
c.
For Hardcopies of Documents - Need the basis for non-disclosure and the
number of pages of each document.
Mark Paiermo/R5/USEPAlUS To 11/27/200704:12 PM Subject Response Needed for FOIA Request Concerning Dow Chemical, Midland, Michigan
Mark Paiermo/R5/USEPAlUS
To
11/27/200704:12 PM
Subject
Response Needed for FOIA Request Concerning Dow
Chemical, Midland, Michigan Facility
Mark Paiermo/R5/USEPAIUS
To All Persons Who Have Participated in the Dow Chemical Company, Midland, Michigan Facility
RCRA Corrective Action and CERCLA Activities.
Back on August 2,2007, I had sent out an email seeking from affected Region 5 personnel documents
and electronic files responsive to a Freedom of Information Act (FOIA) request from the Lone Tree Council
(LTC) regarding the above matters. The purpose of today's email is to inform you about the status of U.S.
EPA's response to the FOIA and additional response actions that may be needed from you.
The LTC FOIA requests all documents generated or received by U.S. EPA, from August 1,2006 to "the
present," that relate to the Dow Chemical Company, Midland, Michigan Facility RCRA corrective action
and CERCLA matters. My August 1, 2006, email requested that you search and produce documents in
your possession for those documents which were generated or received by U.S. EPA from August 1,
2006, to July 31, 2007 that relate to the Dow Chemical Company, Midland, Michigan Facility RCRA
corrective action and CERCLA matters. Several of you have conducted searches and produced
documents responsive to this request.
U.S. EPA requested and received several extensions for responding to this FOIA given the major amount
of work the key personnel were devoting to U.S. EPA actions this summer and autumn. As part of the
agreement for these extensions, U.S. EPA indicated to the requestor that it would provide responsive
documents which were generated or received from August 1, 2006, to September 30, 2007. In November,
U.S. EPA provided to the requestor all releasable responsive emails and electronic documents that were
generated or received by Greg Rudloff up to September 30. The documents released included nearly
3,000 emails and attachments, and 580 other electronic files (2.25 GB total size). The next phase is to
ensure we have collected and produced all other responsive releasable documents in response to the
LTC FOIA, as well as have an accounting of all responsive but FOIA exempt documents for the partial
denial letter for the FOIA.
YOUR RESPONSE NEEDED:
For those of you who had responded to my previous email by either collecting or producing documents, or
indicating you had no responsive documents, I will contact you separately to discuss what else is needed
for your response to this FOIA.
is what we need from you:
For those who have not responded to my previous email, discussed below
.
1.
Search and collect responsive documents in your possession.
While a large majority of documents responsive to this request have come from the files of Greg Rudloff,
to the extent you have created or received any independent documents while working on or participating
in Dow Midland off-site RCRA corrective action or CERCLA matters, please search for and collect such
documents. Examples of such responsive documents include, but are not limited to: meeting notes;
telephone conversation records; e-mail messages; memorandums; and correspondence.
You do not need to provide copies of any e-mail messages or documents you have received directly from
Greg Rudloff, or which originated from Greg and were forwarded by someone else, as copies of all such
documents and e-mail messages have been saved and produced by Greg. In addition, you need not
produce those documents in your possession that have copies in public repositories, or have been
downloaded onto U.S. EPA's SDMS system or on pubJically accessible websites. However, if you created any
downloaded onto U.S. EPA's SDMS system or on pubJically accessible websites. However, if you created
any additional content, markings or notes on a document, or in a subsequent email message when
forwarding a document" you must produce the document or message.
2.
Production of Responsive Documents.
With regard to all non-electronic (hardcopy) materials, please provide Greg Rudloff (6-0455) with copies of
such materials in a folder identifying yourself, or the person you are working for, as the generator of the
documents (please create a separate folder for confidential documents covered under the Dow Alternative
Dispute Resolution (ADR) confidentiality agreement). With regard to electronic files and emails, please
provide copies of these documents to Greg Rudloff on a CD ROM to make Greg's job of organizing and
collating such files, Le., eliminating duplicate files, more efficient (please create a separate file on the CD
ROM for ADR materials). Please call myself or Greg if you need assistance in transferring copies of these
documents to a CD ROM.
Provide copies of all relevant documents in your possession to Greg Rudloff whether or not you believe
them to be exempt under FOIA, or otherwise privileged, as John Steketee and/or I will be conducting an
independent review of each document on behalf of ORC to determine its FOIA status. With regard to
documents covered under the Dow ADR confidentiality agreement, such documents should be
appropriately marked, treated as such and segregated from the rest of your documents. Please contact
me if you have any questions regarding how to treat ADR confidential documents.
3.
Deadline for Production.
I will be asking the LTC for an additional extension until December 21, 2007 to complete production of
responsive, releasable documents to its FOIA. Thus, I ask that you produce all responsive documents in
your possession to Greg Rudloff no later than December 12, 2007, to allow time for our privilege review.
If you have any questions, please do not hesitate to contact me at 6-6082.
Should I have inadvertently left off any person from the e-mail list for this message who has participated in
these matters, please forward this message to any such person and carbon copy me.
Thank you to everyone for your cooperation in responding to this FOIA request.
Mark J. Palermo
Associate Regional Counsel
U.S. EPA Region 5
(312) 886-6082