October 24, 1995 HAND DELIVER Alexander Schmandt, Esq. Office of General Counsel U.S. Environmental Protection Agency Mail Code 2322 401 M Street, S.W. Washington, D.C. 20460 Re: Edison Electric Institute v. EPA, No. 93-1474 (D.C. Cir.) Dear Mr. Schmandt: I have been advised that you are the EPA attorney handling the above-captioned case following Tom Beisswenger's departure. Therefore, I write on behalf of the Edison Electric Institute ("EEI") to renew my client's request that EPA act to resolve the outstanding issues in this litigation. I identified those issues in my last letter to Mr. Beisswenger, dated July 20, 1995 (attached). In short, my July 20 letter requested that EPA issue (1) a technical correction to 40 C.F.R. § 279.10(i) making clear that used oil containing 50 parts per million or greater PCBs is not subject to regulation under Part 279; and (2) a letter confirming EEI's interpretation of several issues regarding Part 279. As you are new to this case, I ask only that we reach an agreement in principle prior to November 28, 1995, the deadline for the parties to file their next joint status report to the Court. Based on discussions with Tom Beisswenger (and his predecessor on this case), I am confident that we can reach agreement on these issues. If we are unable to, come to an agreement by that date, my client has instructed me to reactivate the case and request a briefing schedule from the Court. If you have any questions regarding my July 20 letter, please do not hesitate to call. I look forward to working with you, to resolve this litigation. Sincerely, Douglas H. Green Counsel to the Edison Electric Institute Attachment cc: Eileen McDonough, Esq. (w/o attachment)