Case 2:17-cr-00419-AKK-TMP Document 253-89 Filed 07/21/18 Page 1 of 10

From: LeFleur, Lance R < llefleur@adem.state.al.us >

Sent: Monday, Cctober 19,2015 4:36 PM

IO: 'l anier Brown'
Cc: Thomas, Debi; Robert Tambling; Samuel L. Miller; Jarnes E. Laier; Terry D. Richardson;
Scott Phillips (wsphillips2@gmail.com); Mary J. Merritt; Craig Maftin
Subject: RE:Get Smart
Attachments: 2014 09 08 LeFleur to Gov Bentley - EPA's Proposal to List Birmingharn 35th Ave Site
on NPl.pdf; EPA_grants_GASP_petition (2) pdt AEMC Notes October 16,2015.docx;
AEMC Notes August 21,2015.docx; AEMC Notes June 19,2015.docx AEMC Notes
April 17, 2015.docx; AEMC Notes February 20,2015.docx; AEMC Notes Decernber 1 2,
2o14.docx; AEMC Notes October 17,2o14.docx

Commissioner Brown and others,

ADEM has been and will continue to be a very strong advocate for the citizens of the State of Alabama. ADEM
is fully aware that environmental issues have health, economic and quality of life consequences for all citizens.
ADEM has been and will continue to be fully engaged in the North Birmingham / Tarrant issue in so far as it
has legal authority to do so. Please see the attached letter to Govcrnor Bentley dated September 8,2A14
outlining ADEM engagement activities as of that date. The Department has had numerous engagements with
EPA and others on the Tarrant situation. As recently as October 7,2015I met with a representative of the
Potentially Responsible Party (PRP) to review the status of the Tarrant matter.

EPA's activities in North Birmingham and Tarrant are being undertaken pursuant to authority granted solely to
EPA under the Comprehensive Environmental Response, Cornpensation and Liability Act (CERCLA) which
gives EPA considerable latitude in deterrnining when it will take the lead in these types of situations. To date,
EPA has elected not to grant ADEM's request to have the sites handed ofTto ADEM for administering in a
manner the Department has done and is doing at other sites.

GASP filed its petition on July 1,2014 and EPA is required by statute to respond within 12 months. ADEI\4
engaged with EPA personnel hiehlighting arguments presented by Potentially Responsible Parties that a
Preliminary Assessment (PA) was not appropriate. EPA nevertheless, determind a PA would be required to
determine if there is existing statistical and historical information available which can be used to make a
determination regarding potential listing on the National Priorities List (NPL). Please see the attached EPA
letter to Dr. Propst notifying her of their decision to pursue a PA. EPA contracted with ADEM to provide
technical input to the PA. ADEM submitted intbrrnation to EPA indicating there was insutTicient existing
information available to make a determination. EPA reached the same conclusion in its final report and has
hgun the next step in the process which is a Site Investigation (SI) to take soil samples in the area.

It is our understanding that EPA has contacted the Mayor Tuck of Tarrant and others to explain the next step in
the CERCLA process. ADEM has requested a copy of the sampling plan but EPA has refused saying it is not in
final form and thus not available as a public document. Typically, the sampling plan calls for EPA to seek
permission from property o\ulers for access to obtain samples which can be time consuming.

ADEM will oarefully review both the plan and the lab analysis when they are available to confirm appropriate
methodologies were utilized. ADEM has no authority to compel EPA to involve ADEM at this stage of the
proress. At this point EPA is simply looking into the matter according to a standard procedure.

-cr- 004L9 -AKK-TMP

2 tL7
STRADA 00015968
6/25/LB ilury Tria1
GO\rr EXHIBIT NO. L79 STRADA 00015968
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