Correspondence between

121212 LEAD HEALTH EFFECTS enclosure.doc; EPA lead letter FINAL revised for 2016.doc; FY 2016 NTNCWS Lead and Copper Rule Disinvestments ...docx; MI July 2015 quarterly freeze ETT letter.pdf Hello everyone, lam writing to confirm our semi-annual EPA/MDEQ enforcement and compliance assistance call on Monday, September 21, at 11am Eastern/10am Central. | have provided a draft agenda below. Please let me know if you have any additional agenda items. | appreciate your time and look forward to our discussion. Best wishes, Heather 312-886-0153 Logistics Monday, September 21, 2015 at 11am Eastern/10am Central Call-In Number: Conference Code: f°” Meeting Purpose Discuss status of priority systems and the July 2015 ETT as well as lead consumer notice worksharing efforts with noncommunity program for FY 2016. Draft Agenda (1) Introductions (2) Any additional agenda items? (3 Overview of Quarterly ERP Letter with July 2015 ETT data; letter sent by Tom Murphy via email to MDEQ on 8/21/2015 with response requested by 9/30/2015 (quarterly letter is attached) > System update requests > Referral requests ES MDEQ’s FY 2016 LCR Disinvestments for NTNCWSs (see attachment — any questions/concerns?) a MDEQ/EPA Coordination on lead consumer notice at NTNCWS 1. EPA outreach effort to remaining 698 NTNCWS > Fall letters outlining lead consumer notice requirements for upcoming LCR sampling. xxxEND_PAGE:deq18_b307_3155_3156_1 NOTE: Attached is a draft letter as well as the two enclosures frorn our 2012 outreach effort. We welcorne cormments on the draft fetter which we revised to reflect calendar year 2016, Do we need ta revisit either of the enclosures? 2. MDEQvwill include information on providing lead consumer notice in the annual monitoring letters sent to each NTNCWS in early 2016. (6) Schedule Next Meeting > 6 months takes us to Monday, March 21, 2016 xxxEND_PAGE:deq18_b307_3155_3156_2

Liane: Here is my draft response that | sent up the mgmt chain. As | mentioned on the call, it will likely be edited down as the RA likes one page responses. : Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991 xxxEND_PAGE:deq25_b075_0798_0976_011 The Honorable Daniel Kildee Member, U.S. House of Representatives Washington, DC 20515-1313 Dear Congressman Kildee: Thank you for your September 9, 2015 letter rega June 24, 2015 U. 8. Environmental Protection Agericy to Thomas Poy. EPA shares your concern about the q focus has been to work with the Michigan Department of the City of Flint so they can provide cle: Mr. Del Toral’s June 24, 2015 internal mei to a Flint resident’s request for help with hi Flint’s drinking water was sent to Mr. Poy. I xpressing his concerns about ments in the memorandum EPA sample results rounds of compliance centrations low the lead action level. The round of samples taken from July A 490" percentile value of 6 ug/L. The last round of samples taken 15 had a 90" percentile value of 11 ug/L. Public notice is provided Even if public notice is not required, the LCR requires that homeowners whose water was sampled for lead by the water system receive a copy of their individual lead results, including an explanation of health effects and steps the consumer can take to reduce lead exposure from drinking water. EPA and the Centers for Disease Control and Prevention believe there is no safe level of lead exposure. Lead is harmful to health, especially for children. While paint, dust, and soil are the most common sources of lead, drinking water can contribute 20 to 40 percent of an xxxEND_PAGE:deq25_b075_0798_0976_012 infant's lead exposure. Lead is typically not found in a utility’s source water. It comes from pipes and fixtures, some of which is the owned by the homeowner. Therefore, it is difficult to say with certainty what the lead levels are in each home. The goal is to remove as much lead

Date: Friday, September 11, 2015 10:20:54 AM Just to clarify; on our call, | wanted to remind you that Miguel.s report had DEQ cc.d. So if the Legislature or who ever might say you all were cc.d, you can truthfully respond that it was EPA.s request that the report not be sent to the cc.s. Consequently, you all never received the report from Miguel. Good to talk with you all. Jennifer xxxEND_PAGE:deq02_b017_2071_2071_1

Just to clarify; on our call, | wanted to remind you that Miguel.s report had DEQ cc.d. So if the Legislature or who ever might say you all were cc.d, you can truthfully respond that it was EPA.s request that the report not be sent to the cc.s. Consequently, you all never received the report from Miguel. Good to talk with you all. Jennifer xxxEND_PAGE:deq25_b075_0798_0976_025 Rennaker, Joanne (DEQ)

Date: Friday, September 11, 2015 9:32:00 AM Childhood Lead Poisoning Prevention Program http://www. xxxEND_PAGE:deq02_b098_2173_2173_1

I haven't spoken to her so I don't know, but information on the Flint Water Update website, which is recent, says that the Walters are still using bottled water for drinking/cooking. Miguel A. Del Toral Regulations Manager U.S. EPA RS GWDWB 77 West Jackson Blvd, (WG-15J) Chicago, IL 60604 Phone: (312) 886-5253 Sent: Tuesday, September 1, 2015 02:09 PM

Hi, Miguel. We had a call yesterday with MDEQ and were discussing Marc Edwards’ website. MDEQ thought that Ms Walters’ home has a whole house filter that would remove chlorine in addition to lead and other contaminants, such as a GAC filter. | said that when you and | were out there in late April/May, that there was no whole house GAC filter or other tap or under-sink filter; she had an iron filter at the entry point to her home—but an iron filter wouldn’t remove chlorine, though chlorine could oxidize the iron. Do you know if Ms Walters’ has installed a whole house GAC filter, or tap GAC filter or under-sink GAC filter since May? Jennifer xxxEND_PAGE:deq04_b578_6377_6764_175 Rennaker, Joanne (DEQ)

Here is the Flint Hot Issue item that was sent forward. | believe this is what Susan got. Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991 xxxEND_PAGE:deq16_b5_0892_4900_0604 Issue: Flint Drinking Water Issues Background/Status: Flint has been having issues since changing the source of their drinking water —

Atiached is a draft of the hot issue for Flint ~it has a placeholder paragraph on the SRF piece as Pm waiting on STPE to give me language or principal forgiveness this week. Tom Torn Poy Chief, Ground Water and Drinking Water Branch USEPA - Ragion 5 {312} 886-5994 xxxEND_PAGE:deq20_b11_432_511_01 Issue: Flint Drinking Water Issues Background/Status: Flint has been having issues since changing the source of their drinking water — from purchasing finished water from Detroit (which comes from Lake Huron) to treating Flint River water themselves at the end of April 2014. The quality of the water in the Flint River is different than that from Lake Huron, and requires additional treatment to ensure an acceptable quality drinking water. The Michigan Department of Environmental Quality (MDEQ) has been working closely with the Operator-in-Charge at Flint’s Water Treatment plant to ensure that the citizens of Flint are provided drinking water that meets health standards. The use of Flint River water is an interim decision as Flint plans to connect to the Karegnondi pipeline, which will draw water from Lake Huron, in 2016. Flint exceeded the health standard for E. coli in August 2014 and total coliform in September 2014 due to issues with malfunctioning valves in the distribution system creating stagnated water flow in certain areas. Additional chlorine was added to deal with the bacteria problem and these two violations have returned to compliance. However, the additional chlorine has likely contributed to a Disinfection Byproduct violation — Total Trihalomethane (TTHM) - in the fourth quarter of 2014, Compliance with the TTHM health standard is based upon the average of one year of quarterly sample data. The initial monitoring in summer 2014 reported elevated levels of TTHM compounds throughout the City’s distribution system. MDEQ staff has worked with Flint to implement operational techniques to reduce TTHM levels. Current levels are below the MCL but consumers will continue to receive public notice of a violation until the running annual average gets below the MCL. In addition to the MCL violations, there have been other potential issues that have been attributed to the water including, complaints about rashes when using the water to bathe, one home has very high lead in the drinking water (R5 is working with Flint and the homeowner; not sure if this is system-wide issue), and the Genesee County Health Department is looking into an increase in the number of reported cases of Legionaire’s Disease in the county in 2014 (still in the investigative stage by the Health Dept — not public knowledge yet). Flint has hired a consultant to help with their drinking water utility. Also, a technical advisory committee has been formed, including Dr. Michael Wright, an EPA-ORD toxicologist, who is providing assistance on health effects. Flint has a number of DW-SRF loans outstanding. The State recently restructured their loans to allow Flint to defer 2015 payments to future years. Rep. Dan Kildee has been inquiring to EPA on whether principal forgiveness can be applied retroactively to existing loans. EPA is working on a response. Message: e Flint switched from purchasing treated Lake Huron water from Detroit to treating Flint River water themselves until a pipeline being constructed can provide them with raw Lake Huron water to treat in 2016. xxxEND_PAGE:deq20_b11_432_511_02 e Flint has/had MCL violations and has been working with MDEQ staff, a consultant, and a technical advisory committee to improve operations. Contact: Tom Poy, Water Division, (312) 886-5991, [email protected] xxxEND_PAGE:deq20_b11_432_511_03

A Water Dilemma in or Costly? By MITCH SMITHMARCH 24, 2015 chigan: Cloudy Vernon White over the Flint River, which replaced Lake Huron as the water source in Flirt, Mich, Mr. White says fe buys soda fo avoid the water. FLINT, Mich. — Depending on the day, Melissa Mays says, the water flowing out of her home’s faucets might have a blue tint. Or it might smell like mothballs. Or it might fill her home with the scent of an overchiarinated swimrning pool. Lately, Ms. Mays, who is 36 and works in marketing, has not been turning on her tap much at all, After Flint changed the source of its drinking water last spring, Ms. Mays said, she noticed a change in the water’s color and odor. Then she started having rashes, and clumps of her hair fell out. When the city issued @ boll order, she stopped using the water for drinking and cooking. Now her family spends roughly $400 a month on bottled water. xxxEND_PAGE:deq21_b459_1247_1249_1 “My cat gets bottled water, our glants aet bottled water, our fish gets bottled water,” sald Ms. Mays, who has helped organize marches to protest the water conditions and is on a city commission seeking input on how to move forward. “It takes four to five botties of water to fill up a pot for spaghetti.” Flint officiais insist that the city’s water is safe. They say that the issues of odor and color are sanarate

Importance: High Please treat this information as confidential at this point as | am not sure when and who will bring this matter forward for public knowledge. But! thought you should get a heads up that another problem could become public soon. Liane forwarded the message from Genesee County to our management this morning along with the attached document, but we have not received a response yet. She also contacted the Department of Community Health and they are following up with the County. They told Liane that they have been offering assistance to the county on this matter on several occasions and had-not received a response. Steve and Mike indicated that they were not contacted by the county on this issue as stated in the attachment, so we don’t know who they did contact or if they did. We suspect they are escalating the request for information at this time, but we also wonder why they need much of the information they requested from the city to conduct their investigation, which should have been completed by now. Both DEQ and DCH.had the same reaction to their statement about the river before they complete their investigation. Steve, Liane and | will be meeting tomorrow morning to discuss further. We may be meeting with the executive office as well.

Attached is the Notice of Violation letter sent to Flint TODAY RE: TTHM violation, Jannifer

Liane/Richard: FY Someone called the EPA Office of Inapecior General’s hotline with a complaint about Fiint’s drinking water. The O1G forwarded a log of the call with the name of the cornplainiant redacted. Complaint Detalis Summary: Complaintant calling regarding drinking water in Flint, Michigan. Detalis: Gomplaintant states the walter in Flint, Michigan is not fit to drink. For several months they have been told by city officials nat to drink, bathe or cook with the water. Complaintant states a water scientist advised him that degs have died and have been buried in the clly water. Complainant slates that some of the waler mains have been broken for 2-3 months and only got fixed when the Ly. crews came and filmed ii. Complaintant states the Emergency Manager, Garnelie Early, and the city Mayor, Dene Walling stated the city wes paying foo much to get their water from Detroit and that they need get it from Parragondy Water Pine Line. Complainiant states the Mayor is President of the Parragandy Water Pipe Line. Compiainiant states the Mayors children go io @ public school and inal their school has been advised not to drink the water and for the students to bring their own drinking water and the other public schools have not been told this. Also that water ig trucked into city hall. i know that you and your staff have been working with the Flint utility on their water quality and distribution sysiem issues. Have you heard about one school being advised not to drink the water while the others have not? Or city hail getting allernate water? Torn Tom Poy Chief, Ground Water and Drinking Water Branch LISEPA - Region 5 {312} 86-5994 xxxEND_PAGE:deq18_b162_1418_1420_2 Sent: Thursday, November 06, 2014 9:10 AM

Date: Wednesday, November 12, 2014 2:38:15 PM Liane/Richard: FYI..Someone called the EPA Office of Inspector General’s hotline with a complaint about Flint’s drinking water. The OIG forwarded a log of the call with the name of the complaintant redacted. Complaint Details Summary: Complaintant calling regarding drinking water in Flint, Michigan. Details: Complaintant states the water in Flint, Michigan is not fit to drink. For several months they have been told by city officials not to drink, bathe or cook with the water. Complaintant states a water scientist advised him that dogs have died and have been buried in the city water. Complaintant states that some of the water mains have been broken for 2 — 3 months and only got fixed when the t.v. crews came and filmed it. Complaintant states the Emergency Manager, Garnelle Early, and the city Mayor, Dane Walling stated the city was paying too much to get their water from Detroit and that they need get it from Parragondy Water Pipe Line. Complaintant states the Mayor is President of the Parragondy Water Pipe Line. Complaintant states the Mayor’s children go to a public school and that their school has been advised not to drink the water and for the students to bring their own drinking water and the other public schools have not been told this. Also that water is trucked into city hall. | know that you and your staff have been working with the Flint utility on their water quality and distribution system issues. Have you heard about one school being advised not to drink the water while the others have not? Or city hall getting alternate water? Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Date: Wednesday, November 12, 2014 2:38:16 PM Liane/Richard: FYI..Someone called the EPA Office of Inspector General’s hotline with a complaint about Flint’s drinking water. The OIG forwarded a log of the call with the name of the complaintant redacted. Complaint Details Summary: Complaintant calling regarding drinking water in Flint, Michigan. Details: Complaintant states the water in Flint, Michigan is not fit to drink. For several months they have been told by city officials not to drink, bathe or cook with the water. Complaintant states a water scientist advised him that dogs have died and have been buried in the city water. Complaintant states that some of the water mains have been broken for 2 — 3 months and only got fixed when the t.v. crews came and filmed it. Complaintant states the Emergency Manager, Garnelle Early, and the city Mayor, Dane Walling stated the city was paying too much to get their water from Detroit and that they need get it from Parragondy Water Pipe Line. Complaintant states the Mayor is President of the Parragondy Water Pipe Line. Complaintant states the Mayor’s children go to a public school and that their school has been advised not to drink the water and for the students to bring their own drinking water and the other public schools have not been told this. Also that water is trucked into city hall. | know that you and your staff have been working with the Flint utility on their water quality and distribution system issues. Have you heard about one school being advised not to drink the water while the others have not? Or city hall getting alternate water? Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Yes, if this was Lathan Jefferson, he doesn't want to talk to me. | kept trying to discuss the actual lab data | received from Mike Prysby, and he definitely didn't want to talk with the State or any data from the State. | believe Mr Jefferson did talk with Tinka early on, since she referred him to talk with me. Jen

Date: Monday, November 10, 2014 3:00:59 PM Yes, if this was Lathan Jefferson, he doesn't want to talk to me. | kept trying to discuss the actual lab data | received from Mike Prysby, and he definitely didn't want to talk with the State or any data from the State. | believe Mr Jefferson did talk with Tinka early on, since she referred him to talk with me. Jen

Date: Monday, November 10, 2014 3:00:59 PM Yes, if this was Lathan Jefferson, he doesn't want to talk to me. | kept trying to discuss the actual lab data | received from Mike Prysby, and he definitely didn't want to talk with the State or any data from the State. | believe Mr Jefferson did talk with Tinka early on, since she referred him to talk with me. Jen

Date: Thursday, November 06, 2014 2:39:49 PM Richard: Lathan Jefferson called this morning and got our receptionist. Same person who called you or a coincidence??? He told her that he did not want to talk to me because | cannot help him. He wanted to talk to my supervisor. Our receptionist tried to have him talk to me anyways but | was in a meeting. He has not called back but will be sent to our front office. I’m pretty sure Tinka talked to him when he originally called months ago. Plus, he talked to Jennifer, myself, Tom Murphy and Mindy Eisenberg (HQ). Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Date: Thursday, November 06, 2014 2:39:51 PM Richard: Lathan Jefferson called this morning and got our receptionist. Same person who called you or a coincidence??? He told her that he did not want to talk to me because | cannot help him. He wanted to talk to my supervisor. Our receptionist tried to have him talk to me anyways but | was in a meeting. He has not called back but will be sent to our front office. I’m pretty sure Tinka talked to him when he originally called months ago. Plus, he talked to Jennifer, myself, Tom Murphy and Mindy Eisenberg (HQ). Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Richard: Lathan Jefferson called this morning and got our receptionist. Same person who called you or a coincidence??? He told her that he did not want to talk to me because I cannot help him. He wanted to talk to my supervisor. Our receptionist tried to have him talk to me anyways but | was in a meeting. He has not called back but will be sent to our front office. I’m pretty sure Tinka talked to him when he originally called months ago. Plus, he talked to Jennifer, myself, Tom Murphy and Mindy Eisenberg (HQ). . Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Richard: Lathan Jefferson called this morning and got our receptionist. Same person who called you or a coincidence??? He told her that he did not want to talk to me because | cannot help him. He wanted to talk to my supervisor. Our receptionist tried to have him talk to me anyways but | was in a meeting. He has not called back but will be sent to our front office. I’m pretty sure Tinka talked to him when he originally called months ago. Plus, he talked to Jennifer, myself, Tom Murphy and Mindy Eisenberg (HQ). Tom Tom Poy Chief, Ground Water and Drinking Water Branch USEPA - Region 5 (312) 886-5991

Tom and Jennifer, | received a phone call from an unidentified individual who wanted to talk to someone responsible for clean drinking water in the city of Flint. | told him that Michigan has adopted the Safe Drinking Water Act and has primary enforcement responsibility for this program. | provided him with the names of the district supervisor and district engineer that oversee this system, but he didn’t want their telephone numbers because he wasn’t going to waste his time with them. He really wanted to talk to someone in Washington. | told him the EPA Administrator was Gina McCarthy, but I did not have her number or any of the others at headquarters because we work with the Region 5 EPA office. He asked for contact information, so | provided him with Tom's telephone number. I’m letting you know so you will hopefully be prepared to deal with the fact that he doesn’t want to discuss this matter with the state. | just talked to him again, as he called the OEA saying the number | gave him (312-886-5991 ) was incorrect, but he may have had it wrong initially. | offered to give him Jennifer Crooks phone number, and he was adamant that he did not want to talk to her. | suspect he has called about this issue previously. Good luck. Richard xxxEND_PAGE:deq12_b032_0058_0058_1

Date: Thursday, November 06, 2014 10:09:41 AM Tom and Jennifer, | received a phone call from an unidentified individual who wanted to talk to someone responsible for clean drinking water in the city of Flint. | told him that Michigan has adopted the Safe Drinking Water Act and has primary enforcement responsibility for this program. | provided him with the names of the district supervisor and district engineer that oversee this system, but he didn’t want their telephone numbers because he wasn’t going to waste his time with them. He really wanted to talk to someone in Washington. | told him the EPA Administrator was Gina McCarthy, but | did not have her number or any of the others at headquarters because we work with the Region 5 EPA office. He asked for contact information, so | provided him with Tom’s telephone number. I’m letting you know so you will hopefully be prepared to deal with the fact that he doesn’t want to discuss this matter with the state. | just talked to him again, as he called the OEA saying the number | gave him (312- 886-5991) was incorrect, but he may have had it wrong initially. | offered to give him Jennifer Crooks phone number, and he was adamant that he did not want to talk to her. | suspect he has called about this issue previously. Good luck. Richard xxxEND_PAGE:deq03_b089_0106_0106_1

Date: Thursday, November 06, 2014 10:09:00 AM Tom and Jennifer, | received a phone call from an unidentified individual who wanted to talk to someone responsible for clean drinking water in the city of Flint. | told him that Michigan has adopted the Safe Drinking Water Act and has primary enforcement responsibility for this program. | provided him with the names of the district supervisor and district engineer that oversee this system, but he didn’t want their telephone numbers because he wasn’t going to waste his time with them. He really wanted to talk to someone in Washington. | told him the EPA Administrator was Gina McCarthy, but | did not have her number or any of the others at headquarters because we work with the Region 5 EPA office. He asked for contact information, so | provided him with Tom’s telephone number. I’m letting you know so you will hopefully be prepared to deal with the fact that he doesn’t want to discuss this matter with the state. | just talked to him again, as he called the OEA saying the number | gave him (312- 886-5991) was incorrect, but he may have had it wrong initially. | offered to give him Jennifer Crooks phone number, and he was adamant that he did not want to talk to her. | suspect he has called about this issue previously. Good luck. Richard xxxEND_PAGE:deq01_b086_3631_3631_1