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 issue. The e-mail string, below, discusses matters 

related to setting the meeting up on June 18, 2012. 

At the meeting industry representatives provided the EPA participants -- 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 Hunt 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 representatives 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 with 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 midst 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 meeting 
The 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 people 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: 202-564-5518 
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-----"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 chooses not to reinstate the CISWI 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 

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counsel for the purpose of avoiding the penalty imposed by 

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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, 

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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 

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