"

·.'
Mark Paiermo/R5/USEPAIUS
08/02/2007 03:39 PM To Margaret Guerriero/R5/USEPAlUS@EPA, Bruce
Sypniewski/R5/USEPAlUS@EPA, Gerald
Phillips/R5/USEPAlUS@EPA. Jose
cc John Steketee/R5/USEPAlUS@EPA, Gregory
Rudloff/R5/USEPAlUS@EPA
bcc

Subject Response Needed for FOIA Request Concerning Dow

Chemical, Midland, Michigan Facility
i ·c;:(,i!1~·:i;i;·;;·.;tL

To All Persons Who Have Participated in the Dow Chemical Company, Midland, Michigan Facility RCRA
Corrective Action, CERCLA Natural Resource Damage Assessment (NRDA), and CERCLA Removal
Action Activities.

U.S. EPA Region 5 recently received a Freedom of Information Act (FOIA) request from the4!LlIliITree
Council (LTC) regarding the above matters. I am sending you this email because you may have
documents responsive to this request. LTC is requesting through the FOIA all docu
received by U.S. EPA, from August 1, 2006 to the present, that relate to the Dow Ch
Midland, Michigan Facility RCRA corrective action, CERCLA NRDA, and CERCLA r~I~'atil~iljj{
matters.

Directions

1. Documents In Your Possession that are Responsive to the FOIA

To comply with this FOIA request, I ask that you search documents in your possession for those
documents which were generated or received by U.S. EPA from August 1, 2006, tOIIJJ'!;I~!~~1til that
relate to the Dow Chemical Company, Midland, Michigan Facility RCRA corrective action, CERCLA
NRDA, and CERCLA removal action matters.

While a large majority of documents produced pursuant to this request will come from the files Of Greg
Rudloff, to the extent you have created or received any independent documents whi 'j\\
participating in the above-referenced matters, please provide copies of all such do e~~ry
Rudloff of the LCD at 6-0455 by no later than COB August 24, 2007. 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 £'~~Ilg~~d.~tl~tJ~Oln~
Greg Rudloff, or which originated from Greg and were forwarded by someone else, a-~:i',~.~~~s···tI.:Ustt¢h do ~
documents and e-mail messages have been saved and will be produced by Greg. However, if you -<0-. \--0
created any additional content, markings or notes on the document or in a subsequent email message ~~
when forwarding a document from Greg or one of Greg's e-mail messages, you must produce the ~
document or message. '

2. Documents that may be FOIA-exempt.

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 an Alternative Dispute Resolution (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. Document Production Directions.

With regard to all non-electronic (hardcopy) materials, please provtde Greg RiJdloff_:lulllit
mate~.ia~~·f . ~~:~~~I1~!W' i;g~,~~;~.J?~£~OP you~re working for, asthe g . _
dodumen se' create a fder f9r ADR m~tenals): .

With regard to electronic documents other than Lotus Notes emails, please provide 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).

With regard to Lotus Notes e-mail messages, instructions will be provided later explaining how to transfer
your Lotus Notes e-mail messages from a Lotus Notes folder(s) you have created into a database to be
created by Greg Rudloff. In the mean time, please create special Lotus Notes folde
responsive documents into the folders. If you need help creating folders, please let
send you instructions. For consistency please name your folder "Second Dow LTC
documents name the folder "Second Dow LTC FOIA ADR"). If you do not have any ADR documents, you
will need only to create one Lotus Notes folder to hold the responsive documents. If you do not have ADR
documents, you will need to create two folders so that you can segregate your ADR documents from
non-ADR documents.

Note--as stated above, if you have any ADR-related documents or messages, please, due to their
confidential nature. create a separate file, folder or e-folder for these documents and messages.

If you have any questions, please do not hesi~ate 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 in advance for your cooperation in responding to this FOIA request.

Mark J. Palermo
Associate Regional Counsel
U.S. EPA Region 5