Correspondence between

aw Hi Liane — Attached are our notes from our call on 7/21 regarding Flint Drinking Water System. Please take a look and let me know if you have any questions or comments. Thanks xxxEND_PAGE:deq27_b311_1434_1438_1 Rennaker, Joanne (DEQ) —

Thanks Tinka, During discussion issue #1, we would like to discuss our (hopefully, mutual) understanding of the timeline for next steps. Also, while we understand your concerns with the overall implementation of the lead and copper rule(s}; we think it is appropriate for EPA to indicate in writing (an e-mail would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan. This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint. And finally, we would also like to discuss our concern that the draft report was released by EPA and that we (DEQ) obtained a copy of the report from an outside (ACLU) website. Liane J. Shekter Smith, P.E., Chief Office of Drinking Water and Municipal Assistance Michigan Department of Environmental Quality 517-284-6543

Date: Tuesday, July 21, 2015 10:52:00 AM Thanks Tinka. During discussion issue #1, we would like to discuss our (hopefully, mutual) understanding of the timeline for next steps. Also, while we understand your concerns with the overall implementation of the lead and copper rule(s); we think it is appropriate for EPA to indicate in writing (an e-mail would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan. This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint. And finally, we would also like to discuss our concern that the draft report was released by EPA and that we (DEQ) obtained a copy of the report from an outside (ACLU) website. Liane J. Shekter Smith, P.E., Chief Office of Drinking Water and Municipal Assistance Michigan Department of Environmental Quality 517-284-6543

Date: Tuesday, July 21, 2015 10:52:32 AM Thanks Tinka. During discussion issue #1, we would like to discuss our (hopefully, mutual) understanding of the timeline for next steps. Also, while we understand your concerns with the overall implementation of the lead and copper rule(s); we think it is appropriate for EPA to indicate in writing (an e-mail would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan. This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint. And finally, we would also like to discuss our concern that the draft report was released by EPA and that we (DEQ) obtained a copy of the report from an outside (ACLU) website. Liane J. Shekter Smith, P.E., Chief Office of Drinking Water and Municipal Assistance Michigan Department of Environmental Quality 517-284-6543

Thanks Tinka. . During discussion issue #1, we would like to discuss our (hopefully, mutual) understanding of the timeline for next steps. Also, while we understand your concerns with the overall implementation of the lead and copper rule(s); we think it is appropriate for EPA to indicate in writing (an e-mail would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan. This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint. L And finally, we would also like to discuss our concern that the draft report was released by EPA and that we (DEQ) obtained a copy of the report from an outside (ACLU) website. Liane J. Shekter Smith, P.E., Chief Office of Drinking Water and Municipal Assistance - Michigan Department of Environmental Quality _ 517-284-6543

Hi Liane — tn preparation for our call today we’ve prepared an agenda (attached) with some background and discussion points. Please let me know if you have other items you wish to discuss. Thanks Tinka G. Hyde Water Division Director USEPA W-15J , 77 W. Jackson Blvd Chicago, IL 60604 Office: 312-886-9296 Q co: xxxEND_PAGE:deq27_b311_1434_1438_2 Notes on Call with MDEQ on July 21, 2015 MDEQ Implementation of LCR Rule and Flint Issues Issue #1: Is there a public health concern regarding lead in Flint or other regulatory requirements? ° The 90" percentile results of the 2™ round of monitoring was 11 ppb. ¢ The population has dropped to under 100,000 and therefore the 1" round of 6-month monitoring was done for 100 samples, but the 2™ round only needed 60 samples, e Customer-requested samples were included, but MDEQ did n e Tinka asked about the timeline for Flint to switch over to th pipeline is under construction and scheduled to be co and thinks a more realistic timeframe is October 2016 e MDEQ explained that Flint would have 18 months esion control study and the complicating factor of switching over to Lake ; fecontrol study be based onthe Lake Huron source? MDEQ also explained tha mwater that they would then need to complete 2 more rounds of 6-mon i corrosion control treatment was needed. ¢ MDEQwill be sending a letter to Flr 3 iged to complete a corrosion control study — based on results they are not optimi i imi pleting a corrosion control study and the anticipated switch to Lake Huron i ussions with Flint and request that they start corrosion control ye specifics on how many there were. uron water source. MDEQ said the ly 2016. MDEQ expects some delays p fatioiis, allow for the study requirement for Flint and additig phosphates, Region 5 will look into this Issue #2: Discuss optimal corrosion control requirements Discussion Items: e MDEQ explained that they did not treat the switch to Flint River water as a “new system”, but as anew source. It is their understanding that 2 rounds of 6-month monitoring is still needed to characterize the water quality. They don’t know what is optimized until those 2 rounds of 6-month monitoring are completed. xxxEND_PAGE:deq27_b311_1434_1438_3 Next Steps: Region 5 noted that under 141.81(b)(3)(iii) that any system that has been deemed optimized must notify the State of any long-term change in treatment or the addition of a new source. The State must review and approve the change and may require any such system to conduct additional monitoring or other action to ensure that the system maintains minimal levels of corrosion in the distribution system. The State’s requirement for 2 additional rounds of 6-month monitoring would fall under the “additional monitoring” prescribed by the State and not the initial 2 rounds of 6-month monitoring for new systems. Region 5 explained that they have talked to HQ about the interpretation of regulations and believes that systems that have been deemed optimized need to “maintain” corrosion control. The Region agreed to provide supporting regulatory citations for the language about maintaining corrosion control. Ed Moriarty in OGWDW is also consulting OGC on this topic and t GC opinion will also be shared. MDEQ mentioned that there are other communities that m e the Detroit system or connect to the new Lake Huron pipeline, but many of those either don; eat for corrosion control or will be sion control for additional communities connecting to the Lake Huron pipeli i {further after receipt of the Lead compliance sampling proced ic comply with Federal SDWA requirements which calls for a minimi i ch. there is no water used from the tap the sample is taken from : The Michigan pre- ped as a way to ensure that sampled faucets were not stagnant for an sid the targeted 6 hour (i.e., rarely used faucets or whe : : eriod of time). garding the 2 rounds of 6-month monitoring results that exceed 5 control study. They will have discussions with Flint to request that ment as soon as possible rather than waiting for the completion of a MDEQ wil study that can take: MDEQ and the Region wef agreement that it is important to get phosphate addition going in Flint as soon as possible. MDEQ mentioned tapping Mike Shock for help with this in the interim. Region 5 commented that we now have a path forward for Flint despite a difference of opinion on whéther the regulations required Flint to “maintain” corrosion control treatment when they started serving treated water from the Flint River. ; MDEQ and Region 5 agreed that after Flint implements corrosion control treatment, when they switch back.to Lake Huron water, they will need to.continue the corrosion contro! treatment while conducting monitoring to determine if this treatment is optimized with the new Lake Huron water quality. xxxEND_PAGE:deq27_b311_1434_1438_4 e Region 5 will. get back to MDEQ once it gets HQ/OGC’s opinion on the need to “maintain” corrosion control treatment once a system is. deemed optimized. © MDEQand Region 5 agreed that other communities currently implementing corrosion control treatment and change sources will need to continue to provide corrosion control treatment and conduct monitoring to determine whether the treatment is optimized with the new source water quality. : : © Region 5 will research and get back to MDEQ on the 141.81 (3)(b)(5) citation and the ability to waive a CCT study. xxxEND_PAGE:deq27_b311_1434_1438_5

Hi Liane — I’m following up on the voicemail | left for you earlier today. I’m also copying Carrie Monosmith as | did get a chance to chat with her. In advance of our call scheduled for 7/21/15, | wanted to provide you with an update related to water quality challenges in Flint. | understand that some discussion occurred on June 10" with Tom Poy and staff during the semi-annual call regarding MDEQ’s implementation of the LCR rule and the status of Flint. The Region is concerned about the lead situation in Flint and suggested that additional ORD assistance could be provided to Flint’s Advisory Committee. We understand that the city is finishing up its second set of 6-month initial monitoring and | have scheduled a call with you on July 21st so we can discuss the Flint situation in more detail. As you know, my staff have been out to Flint to collect samples and data which we felt could uniquely inform the NDWAC process and ultimately better inform the LCR rulemaking. Tom Poy asked Miguel Del Toral to prepare a report summarizing the visits and findings. Last week Miguel completed a draft interim report and provided it to management. Once Miguel addresses our comments, we will provide you with a copy of that report. In most cases, an internal EPA memo would not be distributed outside the agency, but given his interaction with the homeowner for one of the sampling locations, Miguel has shared a copy of the draft interim report as a courtesy with this Flint resident. Based on Miguel’s initial analysis, elevated lead levels were found at this residence. In addition, it appears that the source of the lead may be from outside the home (Note: plumbing in the home is largely plastic). Please know that Region 5 management is still being briefed on the lead issues in Flint and we look forward to the opportunity to discuss the situation with you in more detail so we can better characterize what MDEQ is already doing in Flint and how public health protection can best be provided to the citizens of Flint. If you would like to discuss this in advance of our call, please feel free to contact myself, or Tim Henry (312-886-6107). Thanks Tinka G. Hyde Water Division Director USEPA W-15J 77 W. Jackson Blvd Chicago, IL 60604 xxxEND_PAGE:deq24_b014_0042_0042_1

Date: Tuesday, June 30, 2015 4:41:30 PM Hi Liane — I’m following up on the voicemail | left for you earlier today. |’m also copying Carrie Monosmith as | did get a chance to chat with her. In advance of our call scheduled for 7/21/15, | wanted to provide you with an update related to water quality challenges in Flint. | understand that some discussion occurred on June 10" with Tom Poy and staff during the semi-annual call regarding MDEQ’s implementation of the LCR rule and the status of Flint. The Region is concerned about the lead situation in Flint and suggested that additional ORD assistance could be provided to Flint’s Advisory Committee. We understand that the city is finishing up its second set of 6-month initial monitoring and | have scheduled a call with you on July 21st so we can discuss the Flint situation in more detail. As you know, my staff have been out to Flint to collect samples and data which we felt could uniquely inform the NDWAC process and ultimately better inform the LCR rulemaking. Tom Poy asked Miguel Del Toral to prepare a report summarizing the visits and findings. Last week Miguel completed a draft interim report and provided it to management. Once Miguel addresses our comments, we will provide you with a copy of that report. In most cases, an internal EPA memo would not be distributed outside the agency, but given his interaction with the homeowner for one of the sampling locations, Miguel has shared a copy of the draft interim report as a courtesy with this Flint resident. Based on Miguel’s initial analysis, elevated lead levels were found at this residence. In addition, it appears that the source of the lead may be from outside the home (Note: plumbing in the home is largely plastic). Please know that Region 5 management is still being briefed on the lead issues in Flint and we look forward to the opportunity to discuss the situation with you in more detail so we can better characterize what MDEQ is already doing in Flint and how public health protection can best be provided to the citizens of Flint. If you would like to discuss this in advance of our call, please feel free to contact myself, or Tim Henry (312-886-6107). Thanks Tinka G. Hyde Water Division Director USEPA W-15J 77 W. Jackson Blvd Chicago, IL 60604 Office: 312-886-9296 Cell: 312-735-9428 xxxEND_PAGE:deq04_b078_3229_3229_1

Hi Liane — I’m following up on the voicemail | eft for you earlier today. I’m also copying Carrie Monosmith as | did get a chance to chat with her. In advance of our call scheduled for 7/21/15, | wanted to provide you with an update related to water quality challenges in Flint. | understand that some discussion occurred on June 10" with Tom Poy and staff during the semi-annual call regarding MDEQ’s implementation of the LCR rule and the status of Flint. The Region is concerned about the lead situation in Flint and suggested that additional ORD assistance could be provided to Flint’s Advisory Committee. We understand that the city is finishing up its second set of 6-month Initial monitoring and | have scheduled a call with you on July 21st so we can discuss the Flint situation in more detail. As you know, my staff have been out to Flint to collect samples and data which we felt could uniquely inform the NDWAC process and ultimately better inform the LCR rulemaking. Tom Poy asked Miguel De! Toral to prepare a report summarizing the visits and findings. Last week Miguel completed a draft interim report and provided it to management. Once Miguel addresses our comments, we will provide you with a copy of that report. In most cases, an internal EPA memo would not be distributed outside the agency, but given his interaction with the homeowner for one of the sampling locations, Miguel has shared a copy of the draft interim report as a courtesy with this Flint resident. Based on Miguel's initial analysis, elevated lead levels were found at this residence. In addition, it appears that the source of the lead may be from outside the home (Note: plumbing in the home is largely plastic}. Please know that Region 5 management is still being briefed on the lead issues in Flint and we look forward to the opportunity to discuss the situation with you in more detail so we can better characterize what MDEQ is already doing in Flint and how public health protection can best be provided to the citizens of Flint, {f you would like to discuss this in advance of our call, please feel free to contact myself, or Tim Henry (312-886-6107). Thanks Tinka G, Hyde Water Division Director USEPA W-15] 77 W. Jackson Bivd Chicago, IL 60604 Office: 312-886-9296 xxxEND_PAGE:deq25_b075_0798_0976_002 Rennaker, Joanne (DEQ) Pte dsl addicted Stee“

When: Tuesday, July 21, 2015 2:00 PM-3:00 PM (UTC-06:00) Central Time (US & Canada). Where: R1507 Devereaux, Tracy Jo (EQ) xxxEND_PAGE:deq21_b007_0007_0007_1