Subsequent to the Administrator's meeting on June 12, 2012, there was a meeting with Avi Garbow the Deputy General Counsel regarding the contained gas is sue. The e-mail string, below, discusses matters related to setting the meeting up on June 18, 2012.

At the meeting industry represent atives provided the EPA participa nts -- Avi Garbow, John Michaud, Susmita Dubey, Paul Versace and me -- a folder of various documents. These documents consisted of the June 8, 2012, letter to Assistant Administrator Stanislaus and three other documents provided for the June 12, 2012, Administrator's meeting. Those are already in the rulemaking record. The folder also contained the letter from Suzanne Rudzinski to Tim H unt dated May 13, 2011. That document is in the rulemaking record.

The attached additional documents were also provided. One is a statement provided by the industry representatives titled "EPA Positions on Contained Gas." The other is a highlighted copy of several pages in the December 2011 proposal.

EPA Positions on Contained Gas.pdf 40 CFR Parts 60 and 241.pdf
All information provided by the industry representative s were in support of the views expressed in their comments, previously submitted, regarding contained gas in the final rule of March 2011 and proposed regulations of December 2011. Documents dealing wi th the State of North Carolina were presented as heightening their concerns about the contained gas discussions in the rulemaking record.

It was explained by EPA that the Agency was in the mids t of Interagency Review of the rule and that we are considering comments. It was made clear that this is a listening meeting to hear the concerns already expressed by the industry in their public comments.

----- Forwarded by Alan Carpien/DC/USEPA/US on 06/20/2012 04:14 PM -----

From: John Michaud/DC/USEPA/US To: Alan Carpien/DC/USEPA/US@EPA Date: 06/20/2012 03:09 PM Subject: Fw: Request for contained gas meeting

John R. Michaud Deputy Associate General Counsel Solid Waste and Emergency Response Law Office Office of General Counsel U.S. EPA, Washington, D.C. Mail Code: 2366A tel: 202-564-5518 fax: 202-564-5531 email: michaud.john@epa.gov ----- Forwarded by John Michaud/DC/USEPA/US on 06/20/2012 03:09 PM -----

From: "Bodine, Susan" <Susan.Bodine@btlaw.com> To: John Michaud/DC/USEPA/US@EPA Date: 06/18/2012 03:42 PM Subject: RE: Request for contained gas meetingThe total number will be 6.

We ended up with 4 organizations since 3 will have one representative only.

AF&PA: Tim Hunt, Paul Noe, Susan Bodine API: Michael See ACC: Leslie Hulse WM: Eli Brill

Susan Parker Bodine Partner susan.bodine@BTLaw.com

Barnes & Thornburg LLP 1717 Pennsylvania Ave. N.W. Suite 500 Washington, DC 20006

Phone: 202-371-6364 Fax: 202-289-1330 www.btlaw.com

From: John Michaud [mailto:Michaud.John@epamail.epa.gov] Sent: Monday, June 18, 2012 3:31 PM To: Bodine, Susan Cc: Avi Garbow Subject: RE: Request for contained gas meeting

Susan --

I just wanted to confirm that tomorrow's call will be with a limited number of pe ople as you suggest below.

Thanks.

John R. Michaud Deputy Associate General Counsel Solid Waste and Emergency Response Law Office Office of General Counsel U.S. EPA, Washington, D.C. Mail Code: 2366A tel: 202-564-5518f a
e m

"Bodin be OK? D

From: "Bodi To: John Mi c Date: 06/15 / Subject: RE

I underst a people? ( 6

What day /

From: Jo Sent: Fri d To: Bodi n Subject:

Susan --

I spoke w prefer a s

Thanks. a x: 202-564- 5

m ail: michau d

e, Susan" --- 0 D o you want t o

ne, Susan" <Su s
c haud/DC/USE P / 2012 03:31 PM : Request for co n

a nd. Would r e 6 ?)

/time?

Susan Partne r
susan. b

hn Michaud [ d ay, June 15

, n e, Susan

Re: Request

ith Avi this m o maller group 5 531 d .john@epa. g

0 6/15/2012 0

o limit the ov e

s an.Bodine@btl a P A/US@EPA

n tained gas me e

e presentative s

Parker Bodi n
r b odine@BTLa w

Barnes & Tho LLP 1717 Pennsyl Ave. N.W. Suite 500 Washington,

Phone: 202- 3 Fax: 202-28 9 www.btlaw.c o

mailto:Micha u

, 2012 3:25 P

for containe d

o rning about than the larg e g ov

3:31:55 PM-

- e rall num

a w.com>

e ting

s of 3 organi z

n e

w .com

rnburg

vania

DC 20006

3 71-6364 9 -1330

o m

u d.John@ep a M

d g as meetin g

the meeting r
e r group you - -I understan d

z ations be O K

a mail.epa. g o v

g

r equest. He i s mentioned o n d . Would repr

K ? Do you w a

v ]

s ok with a m e
n the phone y esentatives o

a nt to limit the

e eting, but I b y esterday. o f 3 organizat

overall num b

b elieve he w o ions

er of

uld-----"Bodine, Susan" <Susan.Bodine@btlaw .com> wrote: ----- To: Avi Garbow/DC/USEPA/US@EPA From: "Bodine, Susan" <Susan.Bodine@btlaw.com> Date: 06/15/2012 03:10PM Cc: John Michaud/DC/USEPA/US@EPA Subject: Request for contained gas meeting

In a telephone conversation with John yesterday afternoon, I repeated my request for a meeting on contained gas v. uncontained gas to understand what legal options are available to EPA to exclude gases from the definition of solid waste if the agency choose s not to reinstate the CISW I definition of contained gaseous material.

Are you available on Monday or Tuesday or by phone for a conference call sometime next week?

Susan Parker Bodine Partner susan.bodine@BTLaw.com

Barnes & Thornburg LLP 1717 Pennsylvania Ave. N.W. Suite 500 Washington, DC 20006

Phone: 202-371-6364 Fax: 202-289-1330 www.btlaw.com



### CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance

### opinions only in formal opinion letters containing the signature of a partner.

CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a partner.

CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a

### partner.