Non-epic spells are 9th level... soo.... yeah he definitely has epic spellcasting. I'm not sure what you're reading.
That's true as far as it goes. However, Epic Spellcasting proper (based on the feat of the same name) does not use spell slots, and its spells are all considered 10th level. Therefore, it's likely he's using Improved Spell Capacity, which states:
Originally Posted by SRD Epic Feats
Spell Slots Above 9th Level
The Improved Spell Capacity feat allows characters to gain spell slots above 9th level (which can be used to hold lower-level spells or spells whose level has been increased beyond 9th by the use of metamagic feats).
While these slots are only available in epic, they are not Epic Spellcasting, and do not allow the free-form seed combination that is so infamously broken.
Originally Posted by Water_Bear
That's RAW for you; 100% Rules-Legal, 110% silly.
Originally Posted by hamishspence
"Common sense" and "RAW" are not exactly on speaking terms