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Message From: Sent: To: Subject: Rich Dailey [Rich.Dailey@walmart.com] 9/27/2017 12:08:47 PM Wagner, Kenneth [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=048236ab99bc4d5eal6cl39blb67719c-Wagner, Ken] FW: Meeting with Administrator Ken Looks like this is set - assume you're attending? Aiso, wiii you be able to join our table at the ELI dinner that night? Rich Dailey, Sr. Director Environmental, Health and Safety Compliance Phone 479-204-9914 Fax 479-204-9675 rich.dailev@wal-mart.com W alm art A- Compliance 508 SW 8th Street Bentonville, AR 72716-0505 The Right Way, Every Day! From: Ford, Hayley [mailto:ford.hayley@epa.gov] Sent: Tuesday, September 26, 2017 1:57 PM To: Rich Dailey Cc: Woodward, Cheryl Subject: EXT: RE: Meeting with Administrator Perfect. Let's plan for 2:15PM on October 18. I've copied Cheryl Woodward on this message who will send you arrival details as the date approaches. We look forward to hosting you then! Sfaytky f o r d Deputy White House Liaison Office of the Administrator Environmental Protection Agency Room: 3309C William Jefferson Clinton North ford.h3 yley@epa.gov Phone: 202-564-2022 Cell: [ xV From: Rich Dailey [mailto:Rich.Dailev@walmart.com] Sent: Tuesday, September 26, 2017 2:25 PM To: Ford, Hayley <ford.haylev@epa.gov> Subject: RE: Meeting with Administrator Hayley We would prefer the afternoon of the 18lh if possible, but either day will work. Our list of attendees is below waiting to hear from CVS who their Public Affairs rep will be. I'll pass that along to you as soon as I get confirmation. Rich Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00178015-00001 Rich Dailey, Sr. Director Environmental, Health and Safety Compliance Phone 479-204-9914 Fax 479-204-9675 rich.dailey@wal-mart.com W alm ari ~S Compliance 508 SW 8th Street Bentonville, AR 72716-0505 The Right Way, Every Day! From: Ford, Hayley fmailto:ford.hayley@epa.aov1 Sent: Sunday, September 24, 2017 7:15 PM To: Rich Dailey Subject: EXT: RE: Meeting with Administrator Hello Rich, Thank you for the additional detail. I'd be happy to set this meeting up for you. The afternoon of the 17thor 18thwork best for the Administrator. What is your preferred date/time? Additionally, can you send a list of attendees for the meeting? I will send arrival details as the event approaches. Thank you! Mayiky forcC Deputy White House Liaison Office of the Administrator Environmental Protection Agency Room: 3309C William Jefferson Clinton North ford.hayley gpepa.gov Phone: 202-564-2022 Cell: [ Z Z Z I Z Z Z Z Z From: Rich Dailey fmailto:Rich.Dailev@walmart.com1 Sent: Wednesday, September 20, 2017 4:04 PM To: Ford, Hayley <ford.haylev@epa.gov> Subject: RE: Meeting with Administrator Hayley Below is a short summary of the issue, background, and attendees. I've attached talking points that I gave to Ken when we met at the spring ECOS meeting. issue The application of the Resource Conservation and Recovery Act (RCRA) to the retail industry results in the development of complex identification, tracking, management, training, and reporting systems to manage returned or damaged consumer products as hazardous waste. These systems and actions taken by retailers of significant size and scale come at an enormous cost for what we believe is at the very most incremental protection of human health and the environment. Smaller retailers and consumers typically throw these items in the trash. Background RCRA was passed in 1976 in response to situations like Love Cana! and the Valley of the Drums - sites where thousands of barrels of industrial waste products were dumped with minimal, if any, measures to prevent environmental contamination. ERA developed RCRA's implementing regulations after assessing industria! assets, processes, constituents, and products as a way to manage chemical hazards "from cradle to grave". Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00178015-00002 Neither RCRA nor it's implementing regulations were intended to appiy to retail. I was part of an ERA HQ. team that helped develop the regulations and we were guided by the plain language of RCRA as well as it's legislative history-" neither address retail. Around the rnid-2000's regulators began to apply RCRA to damaged or returned items at large retail stores, mandating that these items had to follow the same rules that appiy to industrial wastes. To date, major retailers have been assessed hundreds of thousands of dollars in fines and penalties, and many have entered into multiple Federal and State consent decrees. Attendees Rick Leahy, Walmart VP EHS Compliance Angie Cooper, Walmart Senior Director, Global Public Policy (Angie has known Administrator Pruitt for over 10 years) Rich Dailey, Walmart Senior Director, EHS Compliance Nicole Wilkinson, CVS Director, EHS Compliance CVS Public Affairs TBD Hope this helps - please let me know if you have any questions. Rich Rich Dailey, Sr. Director Environmental, Health and Safety Compliance Phone 479-204-9914 Fax 479-204-9675 rich.dailey@wal-mart.com W alm art A Compliance 508 SW 8th Street Bentonville, AR 72716-0505 The Right Way, Every Day! From: Ford, Hayley fmailto:ford.havley@epa.qov1 Sent: Wednesday, September 20, 2017 9:28 AM To: Rich Dailey Cc: Wagner, Kenneth Subject: EXT: RE: Meeting with Administrator Hello Rich, Ken forwarded me your below message. I wanted to introduce myself as the Administrator's scheduler. I'd be happy to bring this request to our scheduling team and see how it works with our calendar. We will be meeting in the next few days and then I will circle back with you. Hopefully by early next week. Ken looped me in on your initial conversations, but any additional information you can provide would also be helpful (attendees, issue background, etc.). We'll be in touch soon. Thanks! JiayCey farcC Deputy White House Liaison Office of the Administrator Environmental Protection Agency Room: 3309C William Jefferson Clinton North ford.haylev@epa.gov Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00178015-00003 Phone: 202-564-2022 Cell: 2 Ex.6 1 L_______________________________________ i Begin forwarded message: From: Rich Dailey <Rich.Dailev@walmart.com> Date: September 20, 2017 at 9:29:38 AM EDT To: "Kenneth Wagner (wagner.kenneth@epa.gov)" <wagner.kenneth@epa.gov> Subject: Meeting with Administrator Ken Hope this finds you well. Every year around this time we get the word to cancel all travel that isn't essential - that direction came Monday. We think that meeting with Administrator Pruitt to discuss our RCRA-applied-to-retail concerns would be essential, so hopefully that is still a possibility. If so, is it possible we could schedule it for the week of 10/16, preferably sometime between the 17th and 19th? October 18th is the Environmental Law Institute dinner - every year we sponsor a table and invite EPA staff, NGOs, etc. to attend. If we can get a meeting with the Administrator around that time, I'd like to invite you and perhaps someone else from the senior staff. We may have staff from NatureVest, the capital investment arm of The Nature Conservancy there as well as we will try to meet with them on a joint project we hope to initiate. Please let me know if you have any questions. Rich Rich Dailey, Sr. Director Environmental, Health and Safety Compliance Phone 479-204-9914 Fax 479-204-9675 rich.dailey@wal-mart.com W aim a rt T Compliance 508 SW 8th Street Bentonville, AR 72716-0505 The Right Way, Every Day! Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00178015-00004