Correspondence between

Emails where every selected person appears as a sender, recipient, or copied participant.

FW: Status Update Regarding Petition for Emergency Action under the Safe Drinking

FYI as needed. Karen, | will place a copy also in the 2-2 EPA File. Mary Beth (on Director's email) Mary Beth Thelen Management Assistant to Director Dan Wyant Department of Environmental Quality Constitution Hall, 6th Floor South Phone: 517-284-6712 or 284-6700 (new numbers) Fax: 517-241-7401

Copy of letter from Joan Rose - For DEQ Monday Morning Group - FYI.

Dear Monday Morning 8:00 Leadership Team: At Monday’s meeting the Director asked that | send you a copy of what Joan Rose sent to Kildee. Joan sent this to the Director on November 30, 2015. FYI for you. Thank you. Mary Beth Mary Beth Thelen Management Assistant to Director Dan Wyant Department of Environmental Quality Constitution Hall, 6th Floor South Phone: 517-284-6712 or 284-6700 (new numbers) Fax: 517-241-7401

FW: Lead Sampling Issues

Thought folks might find these documents informative: Attached to this message are a couple of documents that were prepared over a decade ago that discuss excessive stagnation and sample invalidation under the LCR. They were prepared in response to questions from the Washington Post and other news media about invalidation of some samples collected in the Lansing Board of Water Light service area. The first document is an internal memo that identifies language in the federal preamble to and in EPA guidance for the LCR that discuss the need to collect samples from homes that have experienced “typical residential water use during the day before the compliance sample is collected.” The second document is a report prepared to explain why we “invalidated” samples for excessive stagnation in Lansing. It was in the aftermath of this event when EPA eliminated the ability of state programs to invalidate sample results based on excessive stagnation that ed the Michigan Public Water Supply Program to develop a recommendation that communities advise residents participating in their compliance monitoring to flush the designated sampling tap 6 to 8 hours before sample collection (the night before in most cases) to ensure that this tap was not experiencing excessive periods of stagnation. We did not want subsequent regulatory requirements to be imposed based on water quality information that did not accurately reflect the regulatory intent. This briefing report also xxxEND_PAGE:deq04_b214_3461_3462_1 discusses the fact that the regulatory monitoring scheme was not intended to represent human intake, but was based upon sampling a statistically significant number of residences containing leaded plumbing materials as a measure of successful water treatment efficacy. xxxEND_PAGE:deq04_b214_3461_3462_2

RE: FW: EPA Region 5 to Audit State of Michigan's Drinking Water Program

DEO welcomes this announcement from EPA, and we've already signaled fo them that they can count on our full cooperation and transparency. We've appreciated the federal government's support on the stuation in Flint -- including its announcernent last week that the Lead and Copper rule speaks arnbiguousiy on the corrosion contral issue. Nobody wanis to see a situation like Flint, and we look forward in working with our federal partners going forward because we share the goal of making sure the Flint situation is nol repeated -- in Michigan, or anywhere else. b Brad Wurfel Communications Trector Michigan Department of Environmental Quality Sent: Tuesday, November 10, 2015 12:36 PM

Fwd: Flint FOIAs spreadsheet - updated 11/6/2015

FYI -- see below. Just keeping all up to date Madhu Madhu R. Anderson Deputy Director, Economic & Strategic Initiatives Michigan Department of Environmental Quality Phone 517 284 6702 | 517 290 9653 andersonm3G@ michigan gov Begin forwarded message: Date: November 10, 2015 at 12:08:46 PM EST

Try Every Way to Get to Bottom of Flint Water Crisis

Mary Beth the Director has his hard copy. investigation//5162216/ Rosemarte Rosemarie Olszewski General Office Assistant - Executive Division Michigan Department of Environmental Quality Constitution Hall, 525 W. Allegan St. 6 Floor South Tower, Pillar P6 Telephone: 517-284-6700 Fax: 517-241-7401 xxxEND_PAGE:deq14_b0818_2715_2715_1

FW: Response from EPA on using SRF for Private Line Replacement

10-6-2015 Response - Kildee.pdf 100615 SRF for Private Line Replacement (Hedman).pdf Follow up communication between Kildee and EPA on replacement of lead service lines and the use of SRF dollars. Nothing that hasn’t already been clarified to us by Susan and others at EPA, but sending so you have this in your files. Maggie

Follow up conversation with Howard Croft

| checked in with Howard from the City of Flint today to find out how the transition to Detroit water was going. He indicated that Flint switched over in a controlled manner so as to minimize disruptions in the infrastructure. He said that the transition went very smoothly and that Flint is on Detroit water 100%. Howard also indicated that they would be doing testing throughout the distribution system and they would be focusing on hardness levels to determine the extent to which the Detroit water had made it through the system. He anticipated that it would be a full week before there was a complete turnover of the source water. George George L. Krisztian Flint Action Plan Coordinator Laboratory Director Michigan Department of Environmental Quality Desk ph (517) 284-6719 ae xxxEND_PAGE:deq14_b0757_2570_2570_1

Follow up conversation with Howard Croft

Date: Monday, October 19, 2015 4:22:46 PM | checked in with Howard from the City of Flint today to find out how the transition to Detroit water was going. He indicated that Flint switched over in a controlled manner so as to minimize disruptions in the infrastructure. He said that the transition went very smoothly and that Flint is on Detroit water 100%. Howard also indicated that they would be doing testing throughout the distribution system and they would be focusing on hardness levels to determine the extent to which the Detroit water had made it through the system. He anticipated that it would be a full week before there was a complete turnover of the source water. George George L. Krisztian Flint Action Plan Coordinator Laboratory Director Michigan Department of Environmental Quality Desk ph (517) 284-6719 Cell ph (517) 204-0381 xxxEND_PAGE:deq03_b093_0110_0110_1

Fwd: det news

xxxEND_PAGE:deq04_b019_1360_1411_06 Michigan DEQ vows changes in Flint water crisis Page 1 of 3 Michigan DEQ vows changes in Flint water crisis Jim Lynch, The Detroit News 8:31 p.m. EDT October 19, 2015 Michigan’s top environmental official acknowledged the state made mistakes in its handling of Flint's long- running water crisis, and said changes would be made, including reassigning a top official responsible for the safety of drinking water. Dan Wyant, director of Michigan's Department of Environmental Quality, said late Sunday that staff members applied the wrong standards of the Lead and Copper Rule that governs testing and monitoring for drinking water. The result was that proper controls regarding corrosion were not put in place when the city began (Photo: Dale G. Young/The Detroit drawing its water from the Flint River in spring 2014. News) “Our actions reflected inexperience, and our public response to criticism was the wrong tone early in this conversation,” Wyant said. “But the best we can do with the situation going forward is represented in our present course. ... We will tearn from this. We ‘will make necessary changes to see to it that our program becomes a national leader in (lead) protection.” The changes will include the reassignment of Liane Shekter Smith, chief of DEQ’s Office of Drinking Water and Municipal Assistance. Gov. Rick Snyder will also introduce an independent, third-party review of the state’s handling of Flint's water issues. Wyant’s announcement comes after months of rising concerns among Flint residents over the safety of their drinking water and lead contamination. {t also comes after the recent release of inter-agency communications relating to Flint's situation that demonstrate confusion behind the scenes. State officials seemingly failed to heed repeated warnings from the Environmental Protection Agency as far back as February about potential problems with Flint's water system. Communications released this week between the federal agency and DEQ also show how an environmental law designed to protect the public allowed the government to utilize questionable water testing practices and move slowly in addressing problems, all while remaining “in compliance” with regulations. Critics hold the state responsible for the current situation, since Snyder's appointed emergency manager was in charge when the decision was made to begin drawing water from the Flint River in 2014 to save money. State officials have said that move was a “city decision.” Problems began then, including residents saying tap water had strange coloring, smeil and taste. In the last month, those concerns were dramatically heightened by studies that show lead levels in some children have risen since the switch from Detroit's water system. Those studies showed that, in some areas, lead levels in children’s blood samples have doubled and, in two ZIP codes, tripled. Many opportunities missed Emails and letters released by the state this week show many missed opportunities for health and environmental agencies to identify the lead problems months ago. In February, an EPA official assessing Flint's situation raised several concerns with DEQ, particularly with the way the state conducted testing to ensure water coming into city homes was safe to drink. Such testing is required by the federal Lead and Copper Rule. “Particulate lead release is a normal part of the corrosion process and it is universal (common) in all systems,” wrote Miguel Del Toral, regulations ~ manager for EPA’s Region 5, in a Feb. 27 email to two DEQ staffers. “It's just that it's not captured as often by the infrequent (Lead and Copper Rule) sampling. If systems are pre-flushing the tap the night before collecting . Samples ... (MDEQ still provides these instructions to public water systems) this clears particulate lead out of the plumbing and biases the results low by eliminating the highest lead values. ... “The particulate lead is being flushed away before collecting compliance samples which provides false assurance to resident about the true lead levels in the water.” Del Toral would repeat the same concerns in a widely publicized unofficial memo in April. But at each step along the way, city and officials responded to testing queries by saying their approach met federal guidelines. As recently as Sept. 3, Flint’s Public Works Director Howard Croft supported the testing methods used. 10/20/2015 xxxEND_PAGE:deq04_b019_1360_1411_07 Michigan DEQ vows changes in Flint water crisis Page 2 of 3 , We nave perormed over one nunared and Sixty ‘ead tests tnrougnoul tne Cily since switcning Over 10 tne Flint River and remain with iné EPA standards,” he wrote. “It is also worth noting ... there are different lead testing methods used within the industry and the city remains consistent with the most recent EPA approved testing method which can produce different results than other methods.” Corrosion control lacking At the same time Del Toral expressed concerns with Michigan’s testing methods, EPA officials also identified another major potential problem with Flint’s water system: corrosion control. Under the Lead and Copper Rule, Flint was required to provide “optimal corrosion control” — water additives that prevent lead from old plumbing and service lines from leaching into the drinking water. Two February EPA emails to the DEQ released this week indicated the federal agency was perplexed by what appeared to be a lack of such controls in the Flint system. Responses from Michigan over the next several months indicate no such controls were in place. An April 24 email from one DEQ staffer ’ stated bluntly: “Flint is currently not practicing any corrosion control treatment at the water plant.” On Sunday, Wyant said staffers applied standards of the Lead and Copper Rule that were designed for populations below 50,000. Flint has a population of oughly 100,000, which triggers a different set of criteria and includes performing two six-month testing programs of local water to determine proper sorrosion controls. “None of the DEQ staff in this division had ever worked on a water source switch for a community of over 50,000 people,” he said. “It's increasingly clear there was confusion here, but it also is increasingly clear that DEQ staff believed they were using the proper federal protocol and they were not.” The emails released this week also raise questions about statements made by Wyant earlier this month at a news conference. When asked about what corrosion controls had been used since Flint began drawing its water from the river, Wyant indicated the system had been using lime. Virginia Tech professor Marc Edwards, whose research on Flint's water had directly challenged many of the state’s assertions in recent months, said lime could actually increase the corrosivity of the water interacting with lead plumbing lines. Edwards made the original FOIA request and received the corresponding documents first. DEQ officials later released those documents to the media. Earlier this week, Wyant addressed his statement about lime in a written response to questions. “Twas relaying what staff and consultants have indicated to me,” he said. “Lime softening was used to address the hardness of the water. While this has an impact on pH, testing bore out that more needed to be done.” State, EPA officials disagree State environmental officials and their EPA counterparts apparently disagreed over the corrosion control issue for much of this year. Once Del Toral's concerns were raised in February, a DEQ official explained why the state had not accounted for corrosion. Documents released this week include notes from a July meeting between the parties where the state highlighted its reasoning: “MDEQ explained that they did not treat the switch to Flint River water as a ‘new system,’ but as a new source. It is their understanding that two rounds of six-month testing is still needed to characterize the water quality. They don’t know what optimized is until those two rounds of six-month monitoring are completed.” Emails from this spring show MDEQ officials eventually recognized the need for additional corrosion control measures, yet little progress was made on the issue — right up until Friday’s announcement that Flint had switched back to getting its water from the Detroit Water and Sewerage Department. That type of pacing is completely permissible under the Lead and Copper Rule. Busch, of the DEQ, described the schedule laid out by the federal law. i “They now have to complete a study (within 18 months) and are then allowed a period of additional time (2 additional years) to install the selected treatment for fully optimized corrosion control,” Busch wrote in July. “We are planning to suggest the city directly submit a treatment process to shorten the time-line to achieve full optimization. This letter is currently being drafted but won't be ready to mail out for another week.” [email protected] (318) 222-2034 Read or Share this story: http://detne.ws/1 RQEHuj 10/20/2015 xxxEND_PAGE:deq04_b019_1360_1411_08 Page 3 of 3 Michigan DEQ vows changes in Flint water crisis Ride to Work in Style! Free Limo Service 7 days/wk {All Shifts from S. Lansing Meijer) * Great starting wages/benefits * Shift differential for late shifts Dimondale Nacsing & Rehabilitation Celiter Nese tsegiatonerney TOP VIDEOS 36394984001/45659294430 Gov. Rick Snyder on overseeing DPS financing 00:42 -75 semi truck crash oa! 1/453725951900- 00:36 ‘ Ex-foreign exchange student Oscar Cabrera 57226800'., 10/20/2015 8/deq-mistake s/74198882/ xxxEND_PAGE:deq04_b019_1360_1411_09 Sygo, Jim (DEQ)

RE: Comment sought on Rep. Phelps Files Suit Against State of Michigan, City of Flint

FOIA request from Phelps - 6422-15; 6422 - EXEC, ODWMA, WRD + Lansing - due: 9/15/15; Attached FOIA Request and $50 Check; Request for Disclosure of Official Files Executive Division did not have any records for Rep. Phelps’ FOIA request; only ODWMA did. Attached are e-mails about the handling of his FOIA request. This FOIA was assigned to EXE, ODWMA, and WRD; and Rep. Phelps was notified of that via the 1* attached e-mail of September 10. The 4'" attached e-mail contains the 3 documents that ODWMA Lansing District (Jo Anne Rennaker) e-mailed on September 30 to Rep. Phelps at no charge. The last attached e-mail is the denial e-mail that Susan Vorce sent on September 28 indicating that EXE and WRD don’t have any records, and | was unaware of her e-mail until October 1 when | checked the U drive folder where our FOIA office saves the PDF of FOIA requests and e-mails to the requesters. Here is a link to the “DEQ FOIA Information” that’s on our home page: tio /Aavw michigan. govided/0 4561 7-135--357782-- GO himl The 2™ to last link on that page is a draft of the new DEQ Policy and Procedure No. 01-006A, which is for the public to know how to make a FOIA request and how it’s processed in DEQ. Please let me know if you need anything else. Thanks.

Fwd: Comment sought on Rep. Phelps Files Suit Against State of Michigan, City of Flint

Need you on this. Probably will help to have copies of whatever we shared and I want to be sure I know what I know. Thanks. xxxEND_PAGE:deq24_b148_0382_0384_1 b Sent from my iPhone Begin forwarded message: HAM "Wurfel, Sara (GOv)" < <¥ urtels Ae gov> >, "Tommasulo, Karen (DE ) ommasulo K: PilBiean sau

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