TO: FROM: CC: RE:

Administrator Pruitt OCIR, OPA Ryan Jackson WOTUS Travel

DATE: August 2, 2017 LOCATION: Indiana- Brownsburg, Evansville, Indianapolis

Indianapolis weather: HIGH 83, LOW 66 w/ scattered t-storms

11:00 AM Meeting with Governor Eric Holcomb (R-IN) and officials, Indianapolis, IN

What: Meeting in Governor's Office

Who: Morning Meeting in the Governor's office

• Governor Holcomb • Lieutenant Governor Crouch (also Indiana's Secretary of Agriculture) • Bruno Pigott, Commissioner, Indiana Department of Environmental Management • Cam Clark, Director, Indiana Department of Natural Resources • Ted McKinney, Director, Indiana Department of Agriculture • Jim Atterholt, Chairman, Indiana Utilities Regulatory Commission • Curtis Hill, Indiana Attorney General

Background: You have met Gov. Holcomb on two occasions. He attended the February Midwestern Governors' Association meeting here at HQ and you also spent time with him in April at East Chicago. Although Holcomb did not send WOTUS comments, the Association of Indiana Counties, Inc. commented that they would like to see WOTUS redefined as "relatively permanent waters and wetlands with a continuous surface connection to relatively permanent waters."

12:00 PM M&J Starkey Farms, Brownsburg, IN

What: 6th generation family farm raising com, soybeans, wheat, and beef, tour and WOTUS Roundtable

Who: Mikey and Jeff Starkey, owners and operators

Background: M&J sets the gold standard for a successful, "no-till" agricultural operation and soil and water conservation practices. The farm lies within the School Branch Watershed, which includes the third largest tributary feeding Eagle Creek reservoir, the primary source of drinking water for the City oflndianapolis. Because of this, their operation is under extreme scrutiny. By adopting conservation practices such as no-till for cash crops in the off season, cover crop planting, and applying the smallest amount of fertilizer possible, Starkey has increased water

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retention and soil health tremendously. These practices aid his operation during drought, prevent flooding, and nitrogen runoff. For 15 years, his 100% no-till and water/soil retention practices, have ensured the runoff entering the watershed is cleaner than ever.

Starkey has received acclaim in the region for his conservation practices and studies of nutrient runoff. He is also a member of the Indiana Association of Soil and Water Conservation Districts and Supervisor on the Hendricks County SWDC.

Other Attendees: • Governor Holcomb • Lieutenant Governor Crouch (also Indiana's Secretary of Agriculture) • Mike Starkey, owner, Starkey Farm • Ron Turco, Purdue University Department of Agronomy • Justin Schneider, Lead Water Quality Policy Director, Indiana Farm Bureau • Randy Kron, President, Indiana Farm Bureau • Jane Stevens, President & CEO, Indiana Soybean and Com Organizations • Jordan Seger, Indiana Department of Agriculture • Jane Hardisty, Indiana State Conservationist, USDA Natural Resources Conservation

Science • Jennifer Boyle Warner, Executive Director, Indiana Soil & Water Conservation

Districts • Bruno Pigott, Commissioner, Indiana Department of Environmental Management • Ted McKinney, Director, Indiana Department of Agriculture • Martha Clark Mettler, Indiana Department of Environmental Management • Julia Wickard, Indiana Department of Environmental Management

3:00 PM Liberty Mine, Evansville, IN

What: This is a surface and highwall mining operation, which opened in 2012

Who: Steve Chancellor Host, White Stallion Energy Alliance

Background: White Stallion has more than 550 employees, including 80 full time at Liberty. Preparations for extraction began at Liberty Mine in 2012. In 2015, Alcoa/ Vigo Coal filed for a state permit to add 470 acres to the mining operation. This is because a currently idled Alcoa Aluminum Smelter is restarting 13 miles away, which is welcome news to rate payers as smelting is energy intensive compared to residential utilities.

• Coal Plant Retirements: Two Indiana based utilities, Vectren and NiSource, were the first two utilities to announce major coal plant retirements attributed to ELGs and CCRs.

• Coal Combustion Residuals: WSE and others would like a three-year extension to comply with the new law.

• Alcoa's Warrick Power Plant: There is a S02 issue at the power plant.

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• CSAPR Update: Indiana is disproportionally impacted by the new rule. WSE filed a reconsideration petition in late 2016.

Attendees/ Bios:

Steve Chancellor, Chairman

• Recently acquired four coal companies in the last 16 months

• Producing 6.5 million tons in the Illinois Basin • Previously founded and owned Black Beauty Coal Company, the largest held privately

coal company in the U.S., which he sold to Peabody in 2005.

• Founded several successful ventures in the transportation, insurance, food and plastics industries.

Rashid Hallaway, Partner

• Equity partner in White Stallion and serves as the company's Washington representative.

• Founded HHQ Ventures with former Congressman Ben Quayle (R-AZ), which is a DC based consulting and lobbying firm

Mark Sebree, Senior Vice President

• Best surface miner in America • More than 30 years of experience with Black Beauty, Peabody and now White Stallion

Energy

Alcoa Attendees

• Ed Hemmersbach, VP of Rolled Products • Brad Marrs, Warrick Power Plant Manager

• Laurie Shelby, VP of Environment • Sonya Elam, Director of Government Relations

Utility Industry

• Don Gulley, President of Southern Illinois Power Cooperative (SIPC), Chairman of Prairie State who filed re-consideration petition regarding Williamson County non­attainment one hour S02 ozone

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TO: FROM: CC: RE: DATE: LOCATION:

Administrator Pruitt OCIR, OPA Ryan Jackson WOTUS Travel: August August 3-4, 2017 Broomfield, Gold King Mine, Woodrow, CO

August 3, 2017

Denver Weather: HIGH 70, LOW 55 PM t-storms

11:30 AM Cloud Peak Energy, Inc. Visit, Broomfield, CO

What: Meeting at their Colorado Office

Who: Colin Marshall, President and Chief Executive Officer, Bryan Pechersky, Richard Reavey, VP Public Affairs

Background: This visit is introductory in nature and an opportunity for you to learn about their clean coal technology and the work CPE does across Colorado, Montana, and Wyoming.

POC: Rick Curtsinger, Director Public Affairs, 720-256-7781

2:00 PM Frasier Ranch WOTUS Visit, Woodrow, CO

*Attire: Jeans, boots, button-down shirt

What: 5,000 head cow/calf and stocker operation

Who: Owner Mark Frasier, agricultural stakeholders-ranchers, feedlot operators, farmers

POC: William Hammerich, CEO Colorado Livestock Association, 970-381-8379

Background: Frasier originated at a Kansas wheat farm and employs grass feeding strategy to maintain the health and productivity of the plants. He also works to ensure yearlings are on a constantly improving plane of nutrition by rotating paddocks every few days, thus improving the end product of beef. EPA visited the ranch in 2015 during the WOTUS rollout, promising it wouldn't impact agriculture. This visit is an opportunity for you to revisit the ranch and demonstrate how the work you are doing is providing relief to the agriculture community and rural America.

Other Attendees:

Don Brown - Colorado Commissioner of Agriculture

Laura Teague - County Commissioner -Morgan County

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Mark Frasier - Frasier Farms: *donated to John Salazar (D) in 2006, 2008

Tom McDonald - Feeder

Justin Miller - Feeder

Jon Slutsky - Dairy

Glenn Benjamin - Rancher

Jessica Lemmel - Colorado Livestock Association

Chris Kraft - Dairy

August 4, 2017

Terry Fankhauser - Colorado Cattlemen's Association

Chad Vorthman - Colorado Farm Bureau

Mark Sponsler -Colorado Com Growers

Andrew Mertens - Farmer

Joyce Kelly - Colorado Pork Producers

Randy Traxler - Colorado Wheat Growers

Ed Frank -National Cattlemen's Beef Association

Silverton Weather: HIGH 66, LOW 50 scattered t-storms

11:00 AM-12:40 PM Tour of Gold King Mine

What: 2 legs of the tour: the first is via vehicle up to the top of the mine ( 45 min roundtrip) followed by a walking tour of wastewater treatment facility (20-30 min).

Who: Governor Hickenlooper, Senator Gardner and Senator Bennet and staff

Gold King Planning Committee (6)- they will mingle with EPA Senior staff while the small group of elected does the first part of the tour with their Chairman. They are much happier with the new Administration's actually choosing to address the site.

EPA Regional staff David Ostrander, Rebecca Thomas and Deb Thomas (Acting AA) will be in attendance. David will lead the tour.

POC: Dave Ostrander, EPA Region 8, 303-888-9906

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To: From: Sent: Subject:

Hey Tate,

Bennett, Tate[Bennett.Tate@epa.gov] Neill, James Wed 8/9/2017 7:54:15 PM Tentative Idaho Schedule

Working on a one pager as we speak with more details, but wanted to give you a rough idea of what we were thinking.

9 AM- Idaho State Ag Director Gould is setting up a site visit at a local farm to discuss WOTUS. She knows all the players in the area. One question I have - would it be ok to invite EPA Idaho Operations Director Jim W emtz? The Idaho staff have a good working relationship with him.

~~~~~~~~ Catered breakfast burritos. Perdue and Zinke are still raving about the burritos.

11 AM-Arrive at Congressman Simpson's Boise office to surprise Idaho Mining Association with Admin. Pruitt. They will be thrilled to discuss CERCLA with him.

12 AM - Can we do a 30 minute meeting with FMC officials? You probably remember from the original invite that they are remediating the Superfund Site in Power County, Idaho. It is a tough place to get to, so if they could have 30 minutes to discuss their work in Congressman Simpson's Boise office that would be much appreciated. (see attached doc)

12:30- Depart for Boise Airport. Send press release outlining WOTUS and CERCLA discussions and efforts to work together to bring regulatory relief/certainty to industry in Idaho.

How does all this sound?

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EIP v. EPA, 1 :18-cv-00796 (D.D.C.) EPA-HQ-2018-004127 ED_ 001660A_ OOOO 1350-00002

May 17, 2017

E. Scott Pruitt

Administrator

US Environmental Protection

1200 Pennsylvania Avenue, NW

Mail Code 1101A

Washington, DC 20004

Dear Administrator Pruitt,

FMC Corporation and ValleyAgronomics, LLC would like to invite you to visit the FMC Corporation Unit at the Eastern

Michaud Flats (EMF) Superfund Site in Power County, Idaho. This visit will provide you with a firsthand opportunity to see how

remediation and redevelopment at a Superfund Site can work hand-in-hand for the betterment of the environment and the local

community.

As background, from 1949 until 2001, FMC Corporation operated the world's largest elemental phosphorus plant in Power

County, Idaho, just outside Pocatello, employing upwards of 650 individuals at full production. The EMF Superfund which

includes both the FMC plant site and the operating J.R. Simplot Co. plant site, was listed on the Superfund National Priorities List

In 1990. Since the Site's listing, FMC has worked with the U.S. Environmental Protection Agency (EPA), the State of Idaho, and

the Shoshone-Bannock Tribes to develop a cleanup plan that ls consistent with the of the CERCLA Program. FMC ls

committed to remediatlng the property in a safe and responsible manner and redeveloping It for the benefit of the community.

As FMC's remediation was beginning, ValleyAgronamics, LLC approached FMC in 2015 to locate Idaho's fertilizer

distribution facility at the Site. The property has extensive rail serviced by the Union Pacific Railroad and direct access to

Interstates 86 and 15, both essential to receiving and distributing product. After extensive negotiations, a unique air rights lease

was developed to allow Valley to proceed with Its construction while FMC remediated the Site. Valley's distribution facility

became operational In January 2017 and currently employs approximately 70 individuals. Additional plans for propane

distribution and office/warehousing at the Valley facility are in development, and will add additional employment opportunities

later this year and into 2018.

""'~'rt''" FMC and Valley have significant experience at this Site, which you may find helpful in facilitating remediation and

revitalization of other Superfund Sites. This Site illustrates what Is possible when creative thinking and cooperation are part of a

remediation and redevelopment plan.

We will accommodate your schedulei however1 late-August or September of 2017 would be an ideal time for a visit. We look

forward ta hearing from you, and please contact Liz Davis at 202.412.1055 far details.

Vice President, FMC

cc: Byron Brown

Patrick Davis

EIP v. EPA, 1 :18-cv-00796 (D.D.C.)

Dave Holtom

CEO, ValleyAgronomlcs, LLC

EPA-HQ-2018-004127 ED _001660A_OOOO 1351-00001

Administrator Pruitt

Set arrival time:

Arrival logistics: Arrive at Lyon Street entrance of DeVos place. Map below. Any vehicles can stay on

Lyon Street. He will be greeted by President Bednarski and Sara Miller, Event Specialist

De Vos head of security contact: Cheryl PlatschorreXp~·;~~~~i-P·h·~~~;E·~·.-·6·-i i·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·l r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1

On-site contact: Sara Miller! Personal Phone/Ex. s ! (cell) i i i.·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·i

Would like him to be in the audience for the President's lunch, starting at 11:30 a.m. if possible

In prior years, the Governor has had the opportunity to 'work' the room with President Bednarski and

talk with members. The Governor will not be arriving in time this year, if Administrator Pruitt would like

to take on that roll. In the event that the Governor will arrive early, we can arrange time for the two of

them to meet with President Bednarski in the remote security office.

Schedule of events:

Presidents lunch: 11:30 a.m. - 1:00 p.m. (Ballroom BCD)

o Availability to 'work' the room with President Bednarski

o Eat lunch with board members and listen to remarks

Move after lunch to Opening Delegate Session: 1:15 p.m. (Ballroom A); will be held back stage

o Call to order

o Flag presentation/National Anthem

o Invocation

o Carl opens session, and rolls _____ _

o Carl introduced Administrator Pruitt (scripting below)

o Administrator Pruitt will be called on stage (approximately 1:20- 1:45 p.m. depending on

how quickly we can get the session started)

o How long do you anticipate him to speak? Right now, we have scripting for

approximately 20 min.

o We will not allow OJ A from the floor

o Immediately following his remarks, we will move back to ballroom BCD for Press

availability.

Additional questions:

1. Contact info for on-site team:

2. Do you need any special press clearance?

3. Media style preference? Scrum or mic/Press feed?

4. Any background info on those on stage?

5. Additional security needs?

6. Any special meal requirements?

7. Box lunches for detail with Administrator?

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Additional details:

1. Approximately 660 people will be in attendance at President's lunch (ballroom BCD)

2. 421 Delegates will be on the floor, and additional seating in the balcony for 90 people (ballroom

A)

3. Business attire

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