SEP 28 1999

Mr. Richard DePaolo
Cayuga Lake Defense Fund
P.O. Box 294
Ithaca, New York 14841

Re: Freedom of Information Action Request 02-RIN-02316-99

Dear Mr. DePaolo:

The U.S. Environmental Protection Agency (EPA) has received your September 
22, 1999 letter requesting information in accordance with the Freedom of 
Information Act (FOIA). Your letter is a follow-up to your July 26, 1999 FOIL 
request and EPA's September 10, 1999 response. 

You have requested the draft of the EPA position paper pertaining to the 
Cornell project that was "distributed to NYDEC and Cornell, most likely 
between 7/2/99 and 7/22/99." You further clarify that you are seeking the 
substance of the "agreements" referred to in a 7/22/99 internal e-mail 

We have enclosed a copy of a one-page document which we believe is the 
version of the proposed "agreements" that EPA sent to Cornell and NYDEC in 
July. Also, we have enclosed fax confirmation sheets to Cornell and NYDEC 
(dated July 21, 1949) which helps to explain that EPA sent an excerpt of a 
document to Cornell and New York State for review and comment at that time. 

In your letter you also asked about how to proceed with acquiring the 
"internal Region II data set and/or internal findings upon which EPA based 
its initial review document/letter." In general, the relevant materials in 
our files are the State Environmental Impact Statement, NYSDEC phosphorus 
data and certain materials (such as presentation handouts) from Cornell. 
Except for the EIS, EPA has already sent or faxed all these materials to you 
and/or you colleagues (i.e., Patricia Francis or Walter Hang). However, we 
would be glad to discuss with you the nature of the materials in our files 
and whether any additional information should be sent to you. 

The fees associated with our response to this request are less than $25.00 
and have, therefore, been waived by this agency. 

If you have any questions, please call Phil Sweeney at (212) 637-3873. 

Sincerely yours,

Walter E. Andrews, Chief 
Water Programs Branch


bcc: W. Andrews, DEPP:WPB (w/o etlclosure)       
     P. Sweeney, DEPP:WEB:PPS w/enclosure)       
     L. Silvcr, DEPP;WPB:CGS (w/o enclosure)       
     W. Vasquez, CD:POB (w/d enclosure)       
     M. Garamone, ORC:UIGL (w/encIosure)