Memorandum

Subject:		Telephone conversation between Nathan Topham and Bernie Hawkins

Date:			March 15, 2013

Participants:	 	Nathan Topham, U.S. EPA
			Bernie Hawkins, Nelson Mullins Riley & Scarborough LLP

On March 15, 2013, a telephone conversation took place between Nathan Topham and Bernie Hawkins.  Mr. Topham and Mr. Hawkins discussed one issue included in the petition for reconsideration of the January 5, 2012 Secondary Lead Smelting rule filed by Mr. Hawkins' client, Johnson Controls. 

Mr. Topham asked Mr. Hawkins if allowing facilities discretion to choose which wall of a total enclosure to define as the "windward wall" would provide sufficient flexibility to resolve the issue described in paragraph (iv) on page 21 of JCI's reconsideration petition. Mr. Topham explained that the choice of windward wall would be added to the mandatory recordkeeping requirements and that this discretion only applies when a totally enclosed area is inside a larger structure shielding the enclosed area from the effects of ambient wind. 


