On, September 22, 2009, leaders of the Edison Elec tric Institute (EEI) met with the Administrator of EPA, as well as others from EPA regardin g 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. Di rector of Federal Affairs, DTE Energy Group

Dr. Ralph Izzo Mr. Gary Ledich Chairman, President & CEO, Senior Vi ce Pres. of Operati ons, 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 Exec utive 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 r egulation of coal ash, they urged the Administrator to regulate coal ash under the non-hazardous wast e provisions of the Resource Conservation and Recovery Act (RCRA).

o They indicated that 27 state agencie s 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 regulat ion as non-hazarodus waste, a copy of which will be attached to this email.)o They believe that the states are cont rolling 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 st op its use. They indicated that their legal departments indicated that if coal ash is identified as a hazardous wa ste, 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 stak eholders 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 mate rial. 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 cons idered 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.