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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 5

77 WEST JACKSON BOULEVARD

CHICAGO, IL 60604-3590

REPL Y TO THE ATTENTION OF

C-14J
Via Federal Express

October 15,2008

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 are copies of FOIA


nonexempt records potentially responsive to your request that were in paper files held by
the Region 5 Office of Regional Administrator (ORA) at the point in time that Mary
Gade resigned from EPA.

I anticipate mailing to you a second shipment of documents by October 17, 2008, per
previous agreement. With respect to the partial denial letter for this FOIA request, EPA
Region 5 will need additional time to complete the letter and I will be following up with
Anne Weismann regarding a request for extension with respect to the letter as Region 5's
final response to the above-referenced FOIA request. As indicated to CREW earlier, it is
my understanding that the Office of General Counsel separately will respond to your
FOIA request with respect to any responsive records held at EPA's headquarters office.

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.

~~~

Associate Regional Counsel

Enclosure

cc: Anne Weismann, Esq. (letter only)

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