On, September 22, 2009, leaders of the Edison Electric Institute (EEI) met with the Administrator 

of EPA, as well as others from EPA regarding a number of subjects, one of which was the 

Agency's rulemaking regarding coal combustion residuals (CCRs). This emails summarizes the 

points made at the meeting regarding CCRs. Attending for EEI were: 

Mr. Anthonly Earley, Jr. Mr. John Young 

Chairman and CEO, DTE Energy Co. President and CEO, Energy Future Holdings Corp. 

Mr. Thomas F. Farrell, II Mr. Christopher Chapel 

Chairman, President & CEO, Dominion Vice Pres. of Gov't Relations, FPL Group Inc. 

Mr. Lewis Hay, III Renze Hoeksema 

Chairman and CEO, FPL Group Inc. Director of Federal Affairs, DTE Energy Group 

Dr. Ralph Izzo Mr. Gary Ledich 

Chairman, President & CEO, Senior Vice Pres. of Operations, FirstEnergy Corp. 

Public Service Enterprise Group Inc. 

Mr. William Johnson Mr. Anthony Kavanagh 

Chairman, CEO and President, Vice Pres. of Gov't Affairs, Amercian Electric Power 

Progress Energy Inc. 

Mr. Thomas R. Kuhn Quin Shea 

President, Edison Electric Institute Executive Director, Environment, Edison Electric Institute 

Mr. David R. Ratcliffe 

Chairman, CEO & President, Southern Company 

Attending for EPA, in addition to the Administrator, Lisa Jackson were: 

Mr. David McIntosh 

Associate Administrator for the Office of Congressional and Intergovernmental Affairs 

Ms. Lisa Heinzerling 

Associate Administrator for the Office of Policy, Economics and Innovation 

Ms. Gina McCarthy 

Assistant Administrator for the Office of Air and Radiation 

Mr. Bob Sussman 

Senior Policy Cousel to the Administrator 

Matt Straus 

Advisor, Office of Solid Waste and Emergency Response 

The industry made the following points: 

 o While industry recognized the need for regulation of coal ash, they urged the Administrator 

to regulate coal ash under the non-hazardous waste provisions of the Resource Conservation 

and Recovery Act (RCRA). 

 o They indicated that 27 state agencies and many Congressional representatives support 

regulation of coal ash as a non-hazardous waste. (They provided in one document a list of all the 

letters that are in the docket that support regulation as non-hazarodus waste, a copy of which will 

be attached to this email.) 
 o They believe that the states are controlling coal ash under their state programs, and that a 

Subtitle C (or hazardous waste rule) would be very expensive; they did not provide any specific 

estimates. 

 o They believe that regulating coal ash as hazardous wastes will have a severe impact on the 

beneficial use of these materials, and will basically stop its use. They indicated that their legal 

departments indicated that if coal ash is identified as a hazardous waste, that the practical effect 

will be for the use of these materials will stop. 

 o Finally, they indicated that they want to work with the Agency on this most important matter. 

The Administrator made the following points: 

 o The Administrator said that all stakeholders who have weighed in on this issue have been 

quite vocal and that she understands all sides of the argument, and has considered them 

regarding the issues presented. 

 o The Administrator recognizes the benefits from reusing coal ash and doesn't want to make 

it more difficult to use these materials, but isn't convinced that just calling it hazardous will 

necessarily impact the beneficial use of this material. The Administrator made the point that 

beneficial use is not only about what the material is, but how it is being used. Also recognized 

that defining or looking at what is considered beneficial use is also an issue. 

 o Finally, she made the point that the data does not necessarily indicate that the states have 

adequately controlled coal ash.