1. Triggered by dispersant use during the Macondo Incident Response (Deepwater Horizon oil spill) So far Regions 9 (Sept 2011) and 10 (Nov 2010) have been mentioned in the NOIs CBD Notice of Intent (NOI) to Sue 1

2. Notice of Intent to Sue - Region 9 60 day NOI received from CBD on 9-23-11 Addressed to the EPA Administrator, CG Commandant, USFWS Director and NOAA Assistant Administrator (fisheries) General subject is CBD’s intention to sue EPA for violations of ESA Section 7 over dispersant use and its potential impact on threatened and endangered species. 2

3. Notice of Intent to Sue - Region 9 Asks for a two phase process to address the perceived lack of required consultation Phase One – a national level consultation under ESA to establish national dispersant use guidelines for all the RRTs Phase Two – regional consultations on dispersant use plans, pre approval zones, etc. in RCPs and ACPs 3

4. What does CBD really want? R9 learned on December 8 call: – national ESA consultation on potential impacts of dispersants how much dispersant should and/or should not be used in specific circumstances – regional revision of our biological assessment – formal consultation on our dispersant use plan and pre approval zones 4

5. R9’s Efforts (follow R10’s lead) Completed a Biological Assessment back in 2004 Updating the BA for USF&W review (and NMFS re-review) RRT9 submitted species request letter to USF&W and NOAA-NMFS 5

6. Lance Richman Superfund Programs U.S. EPA Pacific Southwest Region 75 Hawthorne St. SFD 9-3 San Francisco, CA 94105 1.415.972.3022 #PHONE 1.415.816.9314 #Cell 1.415.947.3520 #FAX 1.800.424.8802 #24Hour Oil Spill Response Email: richman.lance@epa.gov 6