December 20, FirstEnergy Corporation 76 South Main Street Akron, Ohio 44308

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1 December 20, 2012 Anthony J. Alexander, President and CEO FirstEnergy Corporation 76 South Main Street Akron, Ohio James H. Lash, President FirstEnergy Generation Corporation 76 South Main Street Akron, Ohio Via Certified Mail, Return Receipt Requested Via Certified Mail, Return Receipt Requested Richard G. Mende, Director Via Certified Mail, Return Receipt Requested FirstEnergy Generation Corporation, Bruce Mansfield Plant P.O. Box 128 Shippingport, PA Donald R. Schneider, President FirstEnergy Solutions Corporation 341 White Pond Dr., Building B3 Akron, Ohio Via Certified Mail, Return Receipt Requested CT Corporation System Via Certified Mail, Return Receipt Requested Registered Agent for FirstEnergy Corporation, FirstEnergy Generation Corporation, & FirstEnergy Solutions Corporation 116 Pine Street, Suite 320 Harrisburg, PA RE: Notice of Violations and Notice of Intent to Sue FirstEnergy for Violations of the Clean Water Act and Pennsylvania Clean Streams Law at the Little Blue Run Coal Ash Impoundment in Beaver County, PA and Hancock County, WV Dear Sirs: On May 30, 2012, we wrote on behalf of the Little Blue Regional Action Group and its members ( LBRAG or Citizens ) to provide you with notice of their intent to file suit against FirstEnergy Corporation and FirstEnergy Generation Corporation for significant and ongoing violations of several environmental laws. See Attachment A, Letter from Lisa Hallowell, Envtl. Integrity Project, et al., to Anthony J. Alexander, President, FirstEnergy, Re: Notice of Intent to Sue FirstEnergy for Violations at the Little Blue Run Coal Ash Impoundment (May 30, 2012) [hereinafter May 30 NOI ]. Today, we are writing to provide notice that LBRAG intends to file suit against FirstEnergy Corporation, FirstEnergy Solutions Corporation, and FirstEnergy Page 1 of 11

2 Generation Corporation (collectively, FirstEnergy ) 1 for additional significant and ongoing violations of the Clean Water Act ( CWA ) 2 and the Pennsylvania Clean Streams Law ( CSL ), 3 at FirstEnergy s Bruce Mansfield Plant s Little Blue Run Coal Ash Impoundment ( Little Blue Run, Impoundment or Little Blue Run Impoundment ), located in Greene Township, Beaver County, Pennsylvania, and Grant District, Hancock County, West Virginia. This letter also provides notice that Citizens intend to sue FirstEnergy Solutions Corporation for the ongoing violations of the CWA, CSL, Resource Conservation and Recovery Act, and the Emergency Planning and Community Right-to-Know Act set forth in the May 30 NOI. FirstEnergy owns and operates the Little Blue Run Impoundment. The Impoundment is discharging pollutants from Outfall 021 into surface water at levels that may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment, in violation of Part C, Paragraph 13(C) of its National Pollutant Discharge Elimination System ( NPDES ) permit, thereby in violation of the CWA and the CSL, and also creating a nuisance in violation of the CSL. 4 FirstEnergy s illegal discharges of pollutants into Little Blue Run Stream and Mill Creek and failure to comply with the terms of its NPDES permit have injured, and will continue to injure, the health, environmental, aesthetic, and economic interests of LBRAG and its members. These injuries are traceable to FirstEnergy s violations at the Little Blue Run Impoundment, and enjoining the ongoing violations will redress LBRAG s injuries. 1 FirstEnergy Corporation is a power generation and transmission company that controls over 20,000 megawatts of generating power, has $47 billion in assets, makes $16 billion in annual revenues, and whose fleet includes the Bruce Mansfield Plant and its Little Blue Run Coal Ash Impoundment. FirstEnergy Corp., Generation System, (last accessed Dec. 17, 2012). FirstEnergy Solutions Corporation is a subsidiary of FirstEnergy Corporation that controls over 18,000 megawatts of power and owns 29 power plants, including the Bruce Mansfield Plant and its Little Blue Run Coal Ash Impoundment. FirstEnergy Solutions, About Us, (last accessed Dec. 17, 2012). FirstEnergy Generation Corporation is a subsidiary of FirstEnergy Corporation that owns and operates the Bruce Mansfield Plant and the Little Blue Run Coal Ash Impoundment. FirstEnergy Corp., Little Blue Run Info, (last accessed Dec. 17, 2012) U.S.C et seq P. S et seq. 4 See 33 U.S.C. 1311(a); 35 P.S ( No person or municipality shall place or permit to be placed, or discharged or permit to flow, or continue to discharge or permit to flow, into any of the waters of the Commonwealth any industrial wastes, except as hereinafter provided in this act ), (c) ( (c) A discharge of industrial wastes without a permit or contrary to the terms and conditions of a permit or contrary to the rules and regulations of the department is hereby declared to be a nuisance ), (b) ( Whenever a permit is required by rules and regulations issued pursuant to this section, it shall be unlawful for a person or municipality to conduct the activity regulated except pursuant to a permit issued by the department. Conducting such activity without a permit, or contrary to the terms or conditions of a permit or conducting an activity contrary to the rules and regulations of the department or conducting an activity contrary to an order issued by the department, is hereby declared to be a nuisance ); 25 Pa. Code See also id ( Pollution shall be construed to mean contamination of any waters of the Commonwealth such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to... wild animals, birds, fish or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical or biological properties of such waters, or change in temperature, taste, color or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid or other substances into such waters ). Page 2 of 11

3 Under the CWA, citizens are entitled to bring suit against any person... alleged to be in violation of an effluent standard or limitation established under the CWA. 5 Similarly, under Pennsylvania s CSL, citizens are entitled to bring suit against any other person alleged to be in violation of any provision of [the CSL] or any rule, regulation, order or permit issued pursuant to [the CSL]. 6 Therefore, Citizens may bring suit to enjoin illegal discharges of pollution, abate the discharges that cause pollution and the pollution itself, compel compliance with the conditions of a NPDES permit, impose civil penalties, recover attorneys fees and costs of litigation, and obtain any other appropriate relief. In accordance with Section 505(b)(1)(A) of the CWA, 33 U.S.C. 1365(b)(1)(A), and the Pennsylvania CSL, 35 P.S (e), this letter serves to notify you that LBRAG intends to file suit in federal district court for these additional violations any time beginning sixty (60) days after the postmarked date of this letter. 7 I. BACKGROUND FirstEnergy owns and operates the Bruce Mansfield coal-fired power plant and the nearly 1,000-acre Little Blue Run Coal Ash Impoundment. 8 During the process of burning coal, the Bruce Mansfield plant generates coal ash pollution and other waste, which it sends via a sevenmile pipeline to the nearby Impoundment for disposal. 9 In 2011 alone, FirstEnergy dumped 1,860,526 pounds of metals into the Impoundment, including 79,500 pounds of arsenic and 26,190 pounds of selenium. 10 In addition, FirstEnergy reports discharging arsenic, boron, selenium, molybdenum, and other toxic pollutants from the Impoundment into surface waters. 11 Outfall 021 at the Little Blue Run Coal Ash Impoundment discharges pollution to Little Blue Run Stream, a small stream that runs approximately 1,200 feet directly from the impoundment to Mill Creek, which runs another 500 feet before emptying into the Ohio River. 12 Water flow in Little Blue Run Stream is composed primarily of discharges from the Impoundment, which is the only source that releases pollution into the stream; therefore, all 5 33 U.S.C. 1365(a)(1); see also id. 1365(f) ( Effluent standard or limitation means an unlawful act under subsection (1) of section 1311[,]... an effluent limitation or other limitation under section 1311 or 1312[,] [or] a permit condition thereof issued under section 1342 ) P.S (c). 7 See 33 U.S.C. 1365(b)(1)(A), and 35 P.S (e). 8 Letter from Richard Mende, Director, Bruce Mansfield Plant, FirstEnergy, to Richard Kinch, U.S. Environmental Protection Agency ( EPA ), Re: Request for Information Under Section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, at 4 (Mar. 26, 2009) [hereinafter 2009 FirstEnergy EPA Dam Survey Response ]. The permitted area for the Impoundment is 1,694.9 acres, and the acreage of the Impoundment proper is 967 acres. Id. 9 Civil & Envtl. Consultants, Inc., Joint Permit Application for Pennsylvania Power Company Proposed Expansion of the Little Blue Run Disposal Facility, Section 4.0 (Jan. 13, 2005). Pennsylvania Power Company was FirstEnergy Generation Corporation s predecessor in interest, and Civil and Environmental Consultants, Inc. ( CEC ) are FirstEnergy s contracted engineering firm. 10 See U.S. Envtl. Prot. Agency, TRI Explorer, 11 See FirstEnergy, NPDES Permit Renewal Application for Permit No. PA for the Bruce Mansfield Plant, (submitted to PADEP May 26, 2011); FirstEnergy, NPDES Permit Renewal Application for Permit No. PA for the Bruce Mansfield Plant (submitted to PADEP Oct. 22, 2004) Pollution Report, at 3; References: Stick Diagram; 2011 NPDES Permit Application, Drawing No. P-B ; CEC, Jurisdictional Wetland Delineation Report for FirstEnergy Corp., Little Blue Run Bypass Pipeline Project, at 11 (May 5, 2000). Page 3 of 11

4 pollution in Little Blue Run Stream is caused by discharges from the Impoundment. 13 Similarly, discharges from Outfall 021 cause or contribute to pollution in Mill Creek that occurs downstream from the confluence of Little Blue Run Stream and Mill Creek, on the segment of Mill Creek between Little Blue Run Stream and the Ohio River. On October 2, 2012, a member of LBRAG collected water samples from Mill Creek. The water samples were collected at the confluence of Little Blue Run Stream and Mill Creek, and in the segment of Mill Creek that is downstream of where Little Blue Run joins Mill Creek and upstream of where Mill Creek joins the Ohio River. In addition, samples were collected approximately 1.72 miles (as the crow flies) upstream of this location. The water samples collected from Mill Creek at the confluence of Little Blue Run Stream and Mill Creek and immediately downstream of this point revealed concentrations of boron and selenium that exceed the Pennsylvania Water Quality Criteria ( PA WQC ) for fish and aquatic life, concentrations of arsenic and selenium that exceed federal drinking water standards, and concentrations of molybdenum that exceed federal health advisories. In total, the samples revealed eight exceedances of chronic PA WQC, four exceedances of federal drinking water standards, and three exceedances of federal health advisories in Mill Creek. The concentrations in Mill Creek above standards designed to protect aquatic life and public health show that discharges from Outfall 021 may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment in violation of FirstEnergy s NPDES permit. Each discharge of pollution from Outfall 021 that violates the NPDES permit, each exceedance of PA WQC or public health standards in Little Blue Run Stream or Mill Creek, and each future discharge within these parameters is a separate violation of the terms and conditions of FirstEnergy s NPDES permit, the CWA, and the CSL. II. FIRSTENERGY IS VIOLATING THE CWA AND THE PENNSYLVANIA CSL BY VIOLATING THE TERMS AND CONDITIONS OF ITS NPDES PERMIT. The CWA and CSL prohibit the discharge of any pollutant by any person into the waters of the United States unless such discharge is authorized by and in compliance with a permit. 14 Citizens may file suit to enforce the terms and conditions of a NPDES Permit, including narrative conditions. 15 FirstEnergy is violating the CWA and Pennsylvania CSL at its Little Blue Run Impoundment by failing to comply with the terms and conditions of its NPDES permit, Permit No. PA Specifically, FirstEnergy is in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit for discharging arsenic, boron, molybdenum, and selenium in quantities or 13 Id. 14 See, e.g., 33 U.S.C. 1311(a); 35 P.S ; 25 Pa. Code The Commonwealth of Pennsylvania received approval from EPA to implement the CWA s NPDES program on June 30, See 67 Fed. Reg. 55,841-01, 55,842. The Commonwealth issues NPDES permits pursuant to this authority under the CWA and the CSL. See, e.g., 25 Pa. Code (defining a Part I Permit as a NPDES permit issued by the Department under section 5 of The CSL (35 P. S ) and section 402 of the CWA (33 U.S.C.A. 1342) ); 33 U.S.C. 1342(i) U.S.C. 1365(f); 35 P.S (c); Northwest Envtl. Advocates v. Portland, 56 F.3d 979, (9th Cir. 1995) ( The plain language of [33 U.S.C. 1365] authorizes citizens to enforce all permit conditions. ). 16 See Pennsylvania Dep t Envtl. Prot. ( PADEP ), NPDES Permit No. PA for the Bruce Mansfield Plant (issued to FirstEnergy Dec. 1, 2006 and amended on Mar. 28, 2008 and Apr. 22, 2008) [hereinafter, 2006 NPDES Permit ]. Page 4 of 11

5 concentrations that may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment. 17 Part C, Paragraph 13(C) of FirstEnergy s NPDES permit prohibits: any discharge... which contains any pollutant that may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment due to its quantity or concentration. 18 FirstEnergy has violated and continues to violate Part C, Paragraph 13(C) of its NPDES permit. Discharges from Outfall 021 cause or contribute to levels of pollutants in Mill Creek that exceed environmental and public health criteria and thus may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment due to its quantity or concentration, in violation of the terms and conditions of FirstEnergy s NPDES permit, the CWA, and the CSL. A. Boron and Selenium Discharges from Outfall 021 Violate the NPDES Permit. FirstEnergy is violating Part C, Paragraph 13(C) of its 2006 NPDES Permit by discharging boron and selenium from Outfall 021 in quantities and concentrations that may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment in Mill Creek. The Commonwealth of Pennsylvania has established Water Quality Standards and Criteria ( PA WQC ) for toxic substances, such as selenium and boron, to protect human health and the environment. 19 Concentrations of boron and selenium in Mill Creek that exceed chronic PA WQC for fish and aquatic life may cause or contribute to an impact on aquatic life or pose a substantial hazard to the environment, and therefore violate the terms and conditions of the 2006 NPDES Permit, the CWA, and the CSL. 1. Boron Concentrations in Mill Creek Exceed Chronic PA WQC for Fish and Aquatic Life. Boron is a pollutant that is required to be tested by dischargers under the NPDES program, and is one of the signature pollutants of coal combustion waste. 20 Boron is highly toxic to plants and algae, inhibiting growth, protein content, chlorophyll content and photosynthesis, and chronic exposure to even low levels of boron can impair development in fish. 21 The Commonwealth of Pennsylvania has established Water Quality Standards and Criteria ( PA WQC ) for boron to protect human health and the environment. 22 The chronic PA WQC for fish and aquatic life for boron is 1,600 µg/l See id., Part C, Para. 13(C), at 14e. 18 Id. (emphasis added) Pa. Code 93.8c. 20 See, e.g. 40 C.F.R. Pt. 122, Appendix D, Tbl. IV; 25 Pa. Code 93.8c, Tbl World Health Organization International Programme on Chemical Safety: Environmental Health Criteria (EHC) for Boron, available at Pa. Code 93.8c, Tbl Id. Page 5 of 11

6 In accordance with Section 505(b)(1)(A) of the CWA and Pennsylvania s CSL, LBRAG sent a separate notice letter to FirstEnergy on May 30, 2012 providing notice to FirstEnergy of the alleged violations of the CWA and CSL from boron discharges at Outfall 021. See Attachment A. Additionally, three water samples taken from Mill Creek on October 2, 2012 measured boron concentrations that exceed the 1,600 µg/l chronic PA WQC for fish and aquatic life. Boron concentrations in the Mill Creek water samples measured 3,300 µg/l, 2,500 µg/l, and 2,300 µg/l. See Attachment B, Mill Creek Water Samples (Oct. 2, 2012). In contrast, a background sample collected in Mill Creek about 1.72 miles upstream of the Impoundment discharge (as the crow flies) measured a boron concentration of only 110 µg/l. Id. FirstEnergy has discharged, and continues to discharge, boron from Outfall 021 at concentrations that may cause or contribute to an impact on aquatic life or pose a substantial hazard... to the environment in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit, the CWA, and the CSL. Each discharge of boron from Outfall 21 at a level that violates the NPDES permit, each day that measured boron concentrations are above PA WQC in Mill Creek, and all future discharges within these parameters is a separate violation of the CWA and the CSL. 2. Selenium Concentrations in Mill Creek Exceed Chronic PA WQC for Fish and Aquatic Life. Selenium is a toxic pollutant under the NPDES program. 24 Selenium is a bioaccumulative pollutant that is harmful to fish and other aquatic life at levels as low as five micrograms per liter. Selenium can impede the growth and survival of juvenile fish, and offspring of adult fish that were exposed to excessive selenium suffer skeletal deformities. Releasing selenium into rivers and lakes can decimate fish populations and make the surviving species unsafe to eat. The Commonwealth of Pennsylvania has established Water Quality Standards and Criteria for selenium to protect human health and the environment. 25 The chronic PA WQC for fish and aquatic life for selenium is 4.6 µg/l. 26 Five water samples taken from Mill Creek on October 2, 2012 measured selenium concentrations that exceed the 4.6 µg/l chronic PA WQC for fish and aquatic life. Selenium concentrations in the Mill Creek water samples measured 66 µg/l, 25 µg/l, 5.6 µg/l, 57 µg/l, and 37 µg/l. See Attachment B. In contrast, a background sample collected in Mill Creek about 1.72 miles upstream of the Impoundment discharge (as the crow flies) revealed a selenium concentration below the detection level, meaning the concentration was less than 1 µg/l. Id. FirstEnergy has discharged, and continues to discharge, selenium from Outfall 021 at concentrations that may cause or contribute to an impact on aquatic life or pose a substantial hazard... to the environment in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit, the CWA, and the CSL. Each discharge of selenium from Outfall 21 at a level that violates the NPDES permit, each day that measured selenium 24 See, e.g. 40 C.F.R. Pt. 122, Appendix D, Tbl. III; 25 Pa. Code 93.8c, Tbl Pa. Code 93.8c, Tbl Id. Page 6 of 11

7 concentrations are above PA WQC in Mill Creek, and all future discharges within these parameters is a separate violation of the CWA and the CSL. B. Arsenic, Selenium, and Molybdenum Discharges from Outfall 021 Violate the NPDES Permit. FirstEnergy is violating Part C, Paragraph 13(C) of its 2006 NPDES Permit by discharging arsenic, selenium, and molybdenum from Outfall 021 in quantities and concentrations that may... pose a substantial hazard to human health. The federal Environmental Protection Agency ( EPA ) has set Primary Contaminant Levels ( MCL ) and Lifetime Health Advisories ( LHA ) that protect public health by limiting levels of regulated contaminants in drinking water. 27 Pennsylvania has adopted the federal MCLs. 28 Citizens who kayak and fish on Mill Creek and downstream waters, including LBRAG members, may inadvertently drink the creek water, thus exposing them to concentrations of contaminants above the maximum allowable limit that may pose a substantial hazard to human health. Concentrations of arsenic, selenium, and molybdenum in Mill Creek that exceed state or federal drinking water standards may pose a substantial hazard to human health in violation of the terms and conditions of the 2006 NPDES Permit, the CWA, and the CSL. 1. Arsenic Concentrations in Mill Creek Exceed the MCL. EPA has set primary drinking water standards for arsenic to protect human health. The MCL for arsenic is 10 µg/l; this represents the maximum concentration of arsenic that can be present in drinking water without causing adverse health effects. 29 Potential health effects from exposure to levels of arsenic above the MCL include skin damage, circulatory problems, and an increased risk of getting cancer. 30 Two water samples taken from Mill Creek on October 2, 2012 measured arsenic concentrations above the 10 µg/l MCL. Arsenic concentrations in the Mill Creek water samples measured 11 µg/l and 15 µg/l. See Attachment B. In contrast, a background sample collected in Mill Creek about 1.72 miles upstream of the Impoundment (as the crow flies) discharge revealed an arsenic concentration below the detection level, meaning the concentration was less than 1 µg/l. Id. FirstEnergy has discharged, and continues to discharge, arsenic from Outfall 021 in concentrations that may... pose a substantial hazard to human health when consumed, in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit, the CWA, and the CSL. Each discharge of arsenic from Outfall 21 at a level that violates the NPDES permit, each day that measured arsenic concentrations exceed the MCL in Mill Creek, and each future discharge within these parameters is a separate violation of the CWA and the CSL C.F.R ( Maximum contaminant level means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system ) Pa. Code ( The maximum permissible level of a contaminant in water which is delivered to a user of a public water system, and includes the primary and secondary MCLs established under the Federal act, and MCLs adopted under the act ) C.F.R (b)(16). 30 EPA, Basic Information about Arsenic in Drinking Water, available athttp://water.epa.gov/drink/contaminants/basicinformation/arsenic.cfm. Page 7 of 11

8 2. Selenium Concentrations in Mill Creek exceed the MCL. EPA has set primary drinking water standards for selenium to protect human health. The federal MCL for selenium is 50 µg/l; this represents the maximum concentration of selenium that can be present in drinking water without causing adverse health effects. 31 Potential health effects from exposure to selenium above the MCL include circulatory problems and hair and fingernail loss. 32 Two water samples taken from Mill Creek on October 2, 2012 measured selenium concentrations above the 50 µg/l MCL. Selenium concentrations in the Mill Creek water samples measured 66 µg/l and 57 µg/l. See Attachment B. As discussed previously, samples collected upstream of the Impoundment discharge show that selenium was below the detection limit of 1 µg/l. Id. FirstEnergy has discharged, and continues to discharge, selenium from Outfall 021 in concentrations that may... pose a substantial hazard to human health when consumed, in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit, the CWA, and the CSL. Each discharge of selenium from Outfall 21 at a level that violates the NPDES permit, each day that measured selenium concentrations exceed the MCL in Mill Creek, and each future discharge within these parameters is a separate violation of the CWA and the CSL. 3. Molybdenum Discharges from Outfall 021 exceed Lifetime Health Advisories. The LHA for molybdenum is 40 µg/l; this represent the maximum concentration of a chemical in drinking water that is not expected to cause any adverse non-carcinogenic effects over a lifetime of exposure, and is set by EPA based on the exposure of a 70-kg adult consuming two liters of water per day. 33 Three water samples taken from Mill Creek on October 2, 2012 measured molybdenum concentrations above the 40 µg/l LHA. Molybdenum concentrations in the Mill Creek water samples were 68 µg/l, 47 µg/l, and 110 µg/l. See Attachment B. In contrast, a background sample collected in Mill Creek about 1.72 miles upstream of the Impoundment discharge (as the crow flies) revealed that molybdenum was below the detection level, meaning the concentration was less than 5 µg/l. Id. FirstEnergy has discharged, and continues to discharge, molybdenum from Outfall 021 in concentrations that may... pose a substantial hazard to human health when consumed, in violation of Part C, Paragraph 13(C) of its 2006 NPDES Permit, the CWA, and the CSL. Each discharge of molybdenum from Outfall 21 at a level that violates the NPDES permit, each day that measured molybdenum concentrations exceed the LHA in Mill Creek, and each future discharge within these parameters is a separate violation of the CWA and the CSL C.F.R (b)(10). 32 EPA, Basic Information about Selenium in Drinking Water, available at 33 EPA, 2012 Edition of the Drinking Water Standards and health Advisories, EPA 822-S , vi, 8 (April 2012), available at Page 8 of 11

9 III. CONCLUSION FirstEnergy has violated, is currently violating, and will continue to violate the CWA and CSL at its Little Blue Run Coal Ash Surface Impoundment. FirstEnergy has discharged, and continues to discharge, arsenic, boron, molybdenum, and selenium in quantities or concentrations that may cause or contribute to an impact on aquatic life or pose a substantial hazard to human health or the environment, in violation of its NPDES permit, the CWA, and the CSL. 34 Accordingly, LBRAG intends to file suit to enjoin and abate the violations described above, ensure future compliance with federal and state law, obtain civil penalties, recover attorneys fees and costs of litigation, and obtain other appropriate relief any time after 60 days from the postmarked date of this letter. If you have any questions regarding the allegations in this notice or believe any of the foregoing information may be in error, please contact Lisa Hallowell at the number listed below. In the absence of any questions, we would also welcome an opportunity to discuss a resolution of this matter prior to the initiation of litigation if you are prepared to remedy the violations discussed above. Sincerely, Lisa Widawsky Hallowell, Esq. Richard Webster, Esq.* PA Bar ID *Admitted in New York and New Jersey Environmental Integrity Project Public Justice 123 West Wayne Avenue 1825 K Street NW, Suite 200 Wayne, PA Washington, D.C20006 lhallowell@environmentalintegrity.org rwebster@publicjustice.net (202) (202) Whitney Connolly Ferrell, Esq. Environmental Integrity Project 1 Thomas Circle, Suite 900 Washington, DC wferrell@environmentalinregrity.org (202) Counsel for Citizen Group: The Little Blue Regional Action Group 145 Francis Drive Georgetown, PA See 2006 NPDES Permit, Part C, Para. 13(C), at 14e; 33 U.S.C. 1311(a); 35 P.S ; 25 Pa. Code Page 9 of 11

10 CC: Lisa Jackson Administrator U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W. Mail Code: 1101A Washington, DC Shawn M. Garvin Regional Administrator U.S. Environmental Protection Agency Region Arch Street (3PM52) Philadelphia, PA Eric Holder, U.S. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue N.W. Washington, DC Linda Kelly, State Attorney General Pennsylvania Office of Attorney General 16 th Floor, Strawberry Square Harrisburg, PA Via Certified Mail, Return Receipt Requested Via Certified Mail, Return Receipt Requested Via Certified Mail, Return Receipt Requested Via Certified Mail, Return Receipt Requested Michael Krancer Via Certified Mail, Return Receipt Requested Secretary Pennsylvania Department of Environmental Protection Rachel Carson State Office Building 400 Market Street Harrisburg, PA Kareen Milcic, P.E. Via Certified Mail, Return Receipt Requested Environmental Engineering Manager Pennsylvania Department of Environmental Protection 400 Waterfront Drive Pittsburgh, PA Vince Brisini Via Certified Mail, Return Receipt Requested Deputy Secretary, Waste, Air, Radiation, and Remediation Pennsylvania Department of Environmental Protection Rachel Carson State Office Building 400 Market Street Harrisburg, PA Page 10 of 11

11 Kelly Hefner Via Certified Mail, Return Receipt Requested Deputy Secretary, Water Management Pennsylvania Department of Environmental Protection Rachel Carson State Office Building 400 Market Street Harrisburg, PA Kenneth Reisinger Via Certified Mail, Return Receipt Requested Bureau Director, Bureau of Waste Management Pennsylvania Department of Environmental Protection P.O. Box Harrisburg, PA Mark Holstine Executive Director West Virginia Solid Waste Management Board th Street SE Charleston, WV Via Certified Mail, Return Receipt Requested Randy C. Huffman, Cabinet Secretary Via Certified Mail, Return Receipt Requested West Virginia Department of Environmental Protection th Street Charleston, WV Tom Clarke, Director Via Certified Mail, Return Receipt Requested Division of Mining and Reclamation West Virginia Department of Environmental Protection th Street, SE Charleston, WV Raymond L. Evans Vice President, Environmental FirstEnergy Corp. 76 South Main Street Akron, OH Via Certified Mail, Return Receipt Requested Page 11 of 11

12 Attachment A Letter from Lisa Widawsky Hallowell, Envtl. Integrity Project, et al., to Anthony J. Alexander, President, FirstEnergy, Re: Little Blue Regional Action Group s Notice of Intent to Sue FirstEnergy for Violations of the Clean Water Act, Clean Streams Law, Resource Conservation and Recovery Act, and Emergency Planning and Community Right-to-Know-Law at the Little Blue Run Coal Ash Impoundment (May 30, 2012), available at

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43 Attachment A (Bruce Mansfield Plant TRI Facility Reports)

44 Attachment A: Bruce Mansfield Plant TRI Facility Reports (in pounds) 2010 TRI Data 2009 TRI Data 2008 TRI Data 2007 TRI Data Pollutant Surface Water Discharges Off site Surface Impoundment Surface Water Discharges Off site Surface Impoundment Surface Water Discharges Off site Surface Impoundment Surface Water Discharges Off site Surface Impoundment Arsenic 0 84, , , ,900 Barium 3, , 400 1, ,900 1, ,900 1, ,200 Beryllium 0 10, , , ,120 Chromium , , , ,300 Cobalt , , , ,300 Copper , , , ,900 Lead 57 75, , , ,300 Manganese 9, ,700 6, ,200 6, ,740 6, ,500 Mercury ,210 Nickel , , , ,200 Selenium , , , ,790 Vanadium , , , ,800 Zinc , , , ,800

45 Attachment B Mill Creek Water Samples (Oct. 2, 2012)

46 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:07 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 1A Matrix: Water Date Sampled: 10/02/12 11:33 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 10/03/12 14:20 MEL Chromium, total ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Copper ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Lead ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Mercury ND ug/l 0.2 EPA 6020A 10/03/12 10/03/12 14:20 MEL Nickel 1.2 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Selenium 66 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Silver ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:20 MEL Zinc ND ug/l 10 EPA 6020A 10/03/12 10/03/12 14:27 MEL Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 11:28 MEL Field Sample ID: MC 1B Matrix: Water Date Sampled: 10/02/12 11:35 Lab ID: Hardness by Calculation Hardness (as CaCO3) 470 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 11:44 MEL Total Metals Aluminum ND ug/l 50 EPA 6020A 10/03/12 10/04/12 11:44 MEL Antimony 1.0 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:27 MEL Arsenic 11 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:27 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:27 MEL Boron 3,300 ug/l 10 EPA 6020A 10/03/12 10/04/12 14:38 MEL Iron 160 ug/l 50 EPA 6020A 10/03/12 10/10/12 13:44 MEL Manganese 150 ug/l 5 EPA 6020A 10/03/12 10/04/12 11:44 MEL Molybdenum 68 ug/l 5 EPA 6020A 10/03/12 10/05/12 11:00 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 14:27 MEL Field Sample ID: MC 1C Matrix: Water Date Sampled: 10/02/12 11:34 Lab ID: ph in Water ph 7.21 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 2370 mg/l 50 EPA /03/12 10/03/12 20:29 SS Page 1 of Orchard Tree Lane Towson, Maryland tel: fax:

47 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:08 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 2A Matrix: Water Date Sampled: 10/02/12 11:41 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 10/03/12 14:33 MEL Chromium, total ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Copper ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Lead ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Mercury ND ug/l 0.2 EPA 6020A 10/03/12 10/03/12 14:33 MEL Nickel ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Selenium 25 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Silver ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:33 MEL Zinc ND ug/l 10 EPA 6020A 10/03/12 10/03/12 14:39 MEL Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 11:28 MEL Field Sample ID: MC 2B Matrix: Water Date Sampled: 10/02/12 11:42 Lab ID: Hardness by Calculation Hardness (as CaCO3) 400 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 11:50 MEL Total Metals Aluminum ND ug/l 50 EPA 6020A 10/03/12 10/04/12 11:50 MEL Antimony ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:39 MEL Arsenic 6.6 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:39 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:39 MEL Boron 2,500 ug/l 10 EPA 6020A 10/03/12 10/04/12 14:42 MEL Iron 160 ug/l 50 EPA 6020A 10/03/12 10/10/12 13:48 MEL Manganese 120 ug/l 5 EPA 6020A 10/03/12 10/04/12 11:50 MEL Molybdenum 47 ug/l 5 EPA 6020A 10/03/12 10/05/12 11:04 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 14:39 MEL Field Sample ID: MC 2C Matrix: Water Date Sampled: 10/02/12 11:43 Lab ID: ph in Water ph 7.16 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 1780 mg/l 50 EPA /03/12 10/03/12 20:44 SS Page 2 of Orchard Tree Lane Towson, Maryland tel: fax:

48 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:08 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 3A Matrix: Water Date Sampled: 10/02/12 11:44 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 10/03/12 14:45 MEL Chromium, total ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Copper ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Lead ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Mercury ND ug/l 0.2 EPA 6020A 10/03/12 10/03/12 14:45 MEL Nickel ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Selenium 5.6 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Silver ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:45 MEL Zinc ND ug/l 10 EPA 6020A 10/03/12 10/03/12 14:52 MEL Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 11:28 MEL Field Sample ID: MC 3B Matrix: Water Date Sampled: 10/02/12 11:45 Lab ID: Hardness by Calculation Hardness (as CaCO3) 230 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 11:55 MEL Total Metals Aluminum ND ug/l 50 EPA 6020A 10/03/12 10/04/12 11:55 MEL Antimony ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:52 MEL Arsenic 1.4 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:52 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:52 MEL Boron 700 ug/l 10 EPA 6020A 10/03/12 10/04/12 14:47 MEL Iron 110 ug/l 50 EPA 6020A 10/03/12 10/10/12 13:51 MEL Manganese 46 ug/l 5 EPA 6020A 10/03/12 10/04/12 11:55 MEL Molybdenum 9.6 ug/l 5 EPA 6020A 10/03/12 10/05/12 11:08 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 14:52 MEL Field Sample ID: MC 3C Matrix: Water Date Sampled: 10/02/12 11:46 Lab ID: ph in Water ph 7.31 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 249 mg/l 50 EPA /04/12 10/04/12 18:16 SS Page 3 of Orchard Tree Lane Towson, Maryland tel: fax:

49 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:08 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 4A Matrix: Water Date Sampled: 10/02/12 11:53 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 10/03/12 14:58 MEL Chromium, total ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Copper ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Lead ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Mercury ND ug/l 0.2 EPA 6020A 10/03/12 10/03/12 14:58 MEL Nickel ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Selenium 57 ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Silver ND ug/l 1 EPA 6020A 10/03/12 10/03/12 14:58 MEL Zinc ND ug/l 10 EPA 6020A 10/03/12 10/03/12 3:04 MEL Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 11:28 MEL Field Sample ID: MC 4B Matrix: Water Date Sampled: 10/02/12 11:54 Lab ID: Hardness by Calculation Hardness (as CaCO3) 510 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 12:01 MEL Total Metals Aluminum ND ug/l 50 EPA 6020A 10/03/12 10/04/12 12:01 MEL Antimony 1.5 ug/l 1 EPA 6020A 10/03/12 10/03/12 15:04 MEL Arsenic 15 ug/l 1 EPA 6020A 10/03/12 10/03/12 15:04 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:04 MEL Boron 400 ug/l 10 EPA 6020A 10/03/12 10/04/12 15:04 MEL Iron 150 ug/l 50 EPA 6020A 10/03/12 10/10/12 13:55 MEL Manganese 200 ug/l 5 EPA 6020A 10/03/12 10/04/12 12:01 MEL Molybdenum 110 ug/l 5 EPA 6020A 10/03/12 10/05/12 11:11 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 15:04 MEL Field Sample ID: MC 4C Matrix: Water Date Sampled: 10/02/12 11:55 Lab ID: ph in Water ph 7.28 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 4070 mg/l 50 EPA /04/12 10/04/12 18:31 SS Page 4 of Orchard Tree Lane Towson, Maryland tel: fax:

50 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:08 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 5A Matrix: Water Date Sampled: 10/02/12 11:57 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 10/03/12 15:23 MEL Chromium, total ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Copper ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Lead ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Mercury ND ug/l 0.2 EPA 6020A 10/03/12 10/03/12 15:23 MEL Nickel ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Selenium 37 ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Silver ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:23 MEL Zinc ND ug/l 10 EPA 6020A 10/03/12 10/03/12 15:29 MEL Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 11:28 MEL Field Sample ID: MC 5B Matrix: Water Date Sampled: 10/02/12 11:59 Lab ID: Hardness by Calculation Hardness (as CaCO3) 340 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 12:07 MEL Total Metals Aluminum ND ug/l 50 EPA 6020A 10/03/12 10/04/12 12:07 MEL Antimony ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:29 MEL Arsenic 4.9 ug/l 1 EPA 6020A 10/03/12 10/03/12 15:29 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:29 MEL Boron 2,300 ug/l 10 EPA 6020A 10/03/12 10/04/12 15:08 MEL Iron 300 ug/l 50 EPA 6020A 10/03/12 10/10/12 13:59 MEL Manganese 98 ug/l 5 EPA 6020A 10/03/12 10/04/12 12:07 MEL Molybdenum 38 ug/l 5 EPA 6020A 10/03/12 10/05/12 11:15 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 15:29 MEL Field Sample ID: MC 5C Matrix: Water Date Sampled: 10/02/12 12:00 Lab ID: ph in Water ph 7.32 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 2580 mg/l 50 EPA /04/12 10/04/12 18:46 SS Page 5 of Orchard Tree Lane Towson, Maryland tel: fax:

51 Certificate of Analysis Environmental Integrity Project 1920 L Street NW Suite 800 Washington, DC Date Received: 10/03/12 10:30 Date Issued: 10/11/12 12:08 Project: Site Location: Mill Creek Sampling Beaver County, PA SDG Number: Result Unit LLQ Method Prepared Analyzed Init. Field Sample ID: MC 6A Matrix: Water Date Sampled: 10/02/12 13:14 Lab ID: Dissolved Metals Cadmium ND ug/l 0.25 EPA 6020A 10/03/12 Chromium, total ND ug/l 1 EPA 6020A 10/03/12 Trivalent Chromium ND ug/l 1 EPA 6020A 10/03/12 Copper ND ug/l 1 EPA 6020A 10/03/12 Lead ND ug/l 1 EPA 6020A 10/03/12 Mercury ND ug/l 0.2 EPA 6020A 10/03/12 Nickel ND ug/l 1 EPA 6020A 10/03/12 Selenium ND ug/l 1 EPA 6020A 10/03/12 Silver ND ug/l 1 EPA 6020A 10/03/12 Zinc ND ug/l 10 EPA 6020A 10/03/12 Hexavalent Chromium in Water Hexavalent Chromium ND ug/l 1 SM 3500 CR-B* 10/03/12 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:36 10/03/12 15:42 10/03/12 11:28 MEL MEL MEL MEL MEL MEL MEL MEL MEL MEL MEL Field Sample ID: MC 6B Matrix: Water Date Sampled: 10/02/12 13:15 Lab ID: Hardness by Calculation Hardness (as CaCO3) 120 mg/l 0.7 SM 2340 B 10/03/12 10/04/12 12:12 MEL Total Metals Aluminum 78 ug/l 50 EPA 6020A 10/03/12 10/04/12 12:12 MEL Antimony ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:42 MEL Arsenic ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:42 MEL Beryllium ND ug/l 1 EPA 6020A 10/03/12 10/03/12 15:42 MEL Boron 110 ug/l 10 EPA 6020A 10/03/12 10/04/12 14:59 MEL Iron 150 ug/l 50 EPA 6020A 10/03/12 10/10/12 14:02 MEL Manganese 9.9 ug/l 5 EPA 6020A 10/03/12 10/04/12 12:12 MEL Molybdenum ND ug/l 5 EPA 6020A 10/03/12 10/05/12 11:18 MEL Thallium ND ug/l 0.24 EPA 6020A 10/03/12 10/03/12 15:42 MEL Field Sample ID: MC 6C Matrix: Water Date Sampled: 10/02/12 13:16 Lab ID: ph in Water ph 7.47 ph units SM4500-H+B 10/03/12 10/03/12 11:45 LMJ Sulfate by IC Sulfate 38.7 mg/l 1 EPA /03/12 10/03/12 18:26 SS Notes/Qualifiers: LLQ- Lowest Level of Quantitation ND - Not Detected at a concentration greater than or equal to the LLQ. * - LLQ derived from EPA 6020A analysis. Approved by: QC Chemist Page 6 of Orchard Tree Lane Towson, Maryland tel: fax: