Privileged and Confidential – Do Not Release

Attorney-Client Communication

Attorney Work Product

Date: March 19, 2008

Re: Lone Tree Council FOIA Search and Collection Instructions

From: Mark Palermo

Associate Regional Counsel

To: Julie Spellman

Office of the Regional Administrator

I. Scope of Search

The documents responsive to the FOIA are:

All paper and electronic documents related to the Dow Chemical Company Midland

Off-Site Corrective Action and CERCLA matters generated or received by U.S.

EPA from August 1, 2006 through September 30, 2007.

Important Exemption: You need not produce any emails or other documents sent to,

cc’ed or obtained from Greg Rudloff (he has kept a copy of everything he has sent or

obtained, and processed them for this FOIA already).

II. Places to Search

1. LotusNotes and other email databases

2. PCs, networks and other devices (e.g., laptops) where electronic documents

(e.g., Word Documents, PDF’s, etc.) are located.

3. Paper files

III. Searching and Collecting Documents in LotusNotes Databases .

Assuming that responsive files have not been segregated already in specific folders in

the person’s LotusNotes email database, a global search must be conducted.

1. Open person’s LotusNotes inbox.

2. Click on the button at the top “Folder.” Click on “Create Folder.” This is the

folder into which you will collect all responsive emails. Provide it a name that

you will easily recognize as documents responsive to this FOIA. If desired,


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create two folders, one for documents you considered FOIA-exempt, and which

ones you consider releasable.

3. Now, in the person’s LotusNotes inbox, at the left column – click on “Views.”

4. Under “Views” – click on “All Documents.”

5. Then at the top of your screen next to the binoculars is a little magnifying glass

icon – click on it.

6. A box titled “Search in View ‘All Documents’” will drop down. Type in the

word “dow” and click on the “Search” button.

The search may take a couple minutes. On your screen will appear all the

emails with “dow” in its text. Open up each email to determine whether it is

responsive to this FOIA. For example, if the email refers to the Tittabawasee

River, City of Midland, Saginaw River, Saginaw Bay, Lake Huron, RCRA

corrective action, CERCLA, Superfund, or alternative dispute resolution, it is

responsive. If it refers to multi-media inspection or Clean Air Act, it is not

responsive. Also, as noted above, you can ignore all emails where “Gregory

Rudloff” is a sender, cc, or recipient, and you can ignore all emails which were

not received or generated between August 1, 2006 to September 30, 2007.

7. Once you have a responsive email, go to the top of the email view and click on

“Folder,”and a small drop box will appear. Click on “Move to Folder.”

Another drop box will appear with your list of folders. Click on the folder

which you created to contain your responsive emails. Once you do this, the

email goes into the folder, and the screen automatically opens up the next email.

If possible, try to segregate the releasable and privileged emails into separate

folders. If you don’t want to move the emails, but just copy them into the

folders, that is acceptable

Once you have finished step 8, above, now you have to search the main email

view by “person,” since the LotusNotes search function does not capture

keywords in email attachments, and thus will not identify all emails related to

the Dow matter.

Listed at the end of this document is a compiled list of people who may have

sent or received emails related to the Dow matter and thus responsive to the

Dow FOIA. You’ll need to open any email these people either sent or received

which has a subject or title heading that either contains words or phrases that

may signify the email is related to the Dow matter (e.g., “Map of Tittabawasee

River”) or has a heading which is ambiguous as to what the subject of the email

is about (e.g. “FW: Attachment”). If it is clear from the email’s heading that it

would not have any relevance to the Dow matter, you need not open or copy it.

As you did with the “dow” emails, move or copy responsive emails into folders

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as you did in step 8, above. Again, you can ignore all emails in which Gregory

Rudloff either received or sentl, and you can ignore all emails which were not

received or generated between August 1, 2006 to September 30, 2007.

8. After completion of the search described above, you’ll need to get copies of the

emails to either Mark Palermo or John Steketee, so that ORC can review for

privilege. One way is to copy the email folders to a portable USB drive, and

call us to collect it. There will be a triple review of the email by John Steketee,

Mark Palermo, and Greg Rudloff, to ensure no privileged, FOIA exempt or

nonresponsive documents are released.

Listed below is every Region 5 person involved with the Dow matter:

Anne Rowan

Allen Debus

Arthur Lubin

Bertram Frey

Bharat Mathur

Bill Bolen

Brian Schlieger

Briana Bill

Bruce Sypniewski

Catherine Garypie

CatherineL Fox

Cheryl Allen

Cynthia Faur

Daniel Mazur

David Petrovski

Denise Gawlinski

Eric Cohen

Gary Gulezian

Gerald Phillips

Hak Cho

James Augystyn

James Ratcliffe

Jason El-Zein

Jeff Cahn

John Steketee

Jose Cisneros

Julie Spellman

Karen Thompson

Kenneth Westlake

Larry Johnson

Laura Ripley

Leverett Nelson

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Linda Machowicz

Margaret Guerriero

Mario Mangino

Mark Durno

Mark Palermo

Mary Gade

Mary Logan

Mary Villarreal

Mick Hans

Phil Hoffman

RafaelP Gonzalez

Ralph Dollhopf

Richard Karl

Robert Kaplan

Scott Cienawski

Stephen Mendoza

Terri Rancher

Wendy Carney

In addition, here is a partial list of people outside of Region 5 who may have sent or

received emails responsive to the Dow FOIA. I do not have a complete list because I do

th

not know the entire universe of people the 19

floor sent emails or received emails from

during the period of August 1, 2006 through September 30, 2007. Additional people who

may have sent or received responsive emails on the Dow matter should be identified and

included in the responsive email search to extent possible

Peter Wright – Dow (PCWright@dow.com)

Greg Cochran - Dow

Frederick Mueller Dow (Johnson & Bell)

Steve Jawezt - Dow (Beveridge & Diamond)

Karl Bourdeau (Beveridge & Diamond)

Mary Terzino (Dow)

MDEQ:

Steve Chester

City of Midland:

<jlynch@midland-mi.org>,

<jduso@midland-mi.org>,

<jbranson@midland-mi.org>,

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"Bush, Noel" <nbush@midland-mi.org>,

"Phillips, Thomas C." <PhillipsT@MillerCanfield.com>,

"Galvin, Joseph F." <Galvin@MillerCanfield.com>,

"Lancaster, James R." <Lancaster@MillerCanfield.com>

"Levine, Jaclyn Shoshana" <levine@MillerCanfield.com>

EPA HQ:

Susan Bodine, U.S. EPA

Citizens:

Kathy Henry

Michelle Hurd-Riddick (michdave@aol.com)