III II USEPA ~ Proposed Regulation

ofCoal Combustion Products

Office ofManagement and Budget underSubtitle C - Hazardous E012866 Meeting -12-9-09

II II II IIIIIIIIII~ II~ I

FlyAshDirect is a rapidly expanding small business We market Coal Combustion Products (CCPs) throughout OH KY PA MI IL NY WV We have 25 full time employees and over 50 contract individuals providing exclusive services for our operations

FlyAshDirect markets CCPs as beneficial construction materials into a multitude of cementitious applications including Ready Mix Concrete PreshyCast Concrete Brick and Block manufacturing Cement manufacturing Mining Grout and Wallboard

Our end-user customers utilize CCPs to produce superior quality products reduce their product costs and reduce their carbon footprint

Our utility clients value our marketing contribution because we extend precious land fill reserves lower operating costs and reduce their carbon footprint

Both Supply and Demand clients value the tremendous environmental contribution we make promoting CCPs as valuable beneficial construction materials

1 bullbull 111 bullbullbullbull CCP Production and Utilization

CCPs are the fifth largest natural resource in the United States

Approximately 140 million tons of CCPs were produced in 2008

CCPs are widely used in the United States and around the world

Over 60 Million tons of CCPs were beneficially utilized in 2008

A few common Products and Applications include

Commercial Highways Roads Bridges Dams Airports

Industrial Water Treatment Plants DrainSewer systems Culverts

Residential Bricks Block Roofing shingles wallboard siding

CCPs have been successfully utilized for decades and the engineering benefits are well documented across a broad range ofproducts andapplications

Why are CCPs Utilized

bullbullbullbullbull bullbull bullbull1

CCPs are available in ABUNDANCE locally all 50 states

CCPs reduce the COST to produce many products

CCPs improve the PERFORMANCE and DURABILITY of many products

CCPs contribute to the ENVIRONMENT

CCPs safely existall around us andprovide significant environmental social and economic benefitsbullbullbullbullbullbullbullbullbullbull

bullbullbullbullbullbullbullbull II bullbullbullbull bullbullbullbullbull 11111111

Concerns with Subtitle C Designation

Managing CCPs under Subtitle C directly associate these materials as Hazardous

A Hazardous designation creates a stigma that CCPs simply do not deserve

A Hazardous designation will eliminate beneficial re-use even if the USEPA exempts certain cementitious applications

FlyAshDirects utility clients have indicated to us that a hazardous designation will most likely force them to abandon beneficial marketing programs

FlyAshDirects customers and end-users have indicated that they are unwilling to accommodate the legal exposure of handling a material designated by the USEPA as hazardous

Specifiers have indicated they would not allow a hazardous material in their projects due to tort exposure

DOTs would eliminate the use of fly ash and procure more costly materials

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

II II II IIIIIIIIII~ II~ I

FlyAshDirect is a rapidly expanding small business We market Coal Combustion Products (CCPs) throughout OH KY PA MI IL NY WV We have 25 full time employees and over 50 contract individuals providing exclusive services for our operations

FlyAshDirect markets CCPs as beneficial construction materials into a multitude of cementitious applications including Ready Mix Concrete PreshyCast Concrete Brick and Block manufacturing Cement manufacturing Mining Grout and Wallboard

Our end-user customers utilize CCPs to produce superior quality products reduce their product costs and reduce their carbon footprint

Our utility clients value our marketing contribution because we extend precious land fill reserves lower operating costs and reduce their carbon footprint

Both Supply and Demand clients value the tremendous environmental contribution we make promoting CCPs as valuable beneficial construction materials

1 bullbull 111 bullbullbullbull CCP Production and Utilization

CCPs are the fifth largest natural resource in the United States

Approximately 140 million tons of CCPs were produced in 2008

CCPs are widely used in the United States and around the world

Over 60 Million tons of CCPs were beneficially utilized in 2008

A few common Products and Applications include

Commercial Highways Roads Bridges Dams Airports

Industrial Water Treatment Plants DrainSewer systems Culverts

Residential Bricks Block Roofing shingles wallboard siding

CCPs have been successfully utilized for decades and the engineering benefits are well documented across a broad range ofproducts andapplications

Why are CCPs Utilized

bullbullbullbullbull bullbull bullbull1

CCPs are available in ABUNDANCE locally all 50 states

CCPs reduce the COST to produce many products

CCPs improve the PERFORMANCE and DURABILITY of many products

CCPs contribute to the ENVIRONMENT

CCPs safely existall around us andprovide significant environmental social and economic benefitsbullbullbullbullbullbullbullbullbullbull

bullbullbullbullbullbullbullbull II bullbullbullbull bullbullbullbullbull 11111111

Concerns with Subtitle C Designation

Managing CCPs under Subtitle C directly associate these materials as Hazardous

A Hazardous designation creates a stigma that CCPs simply do not deserve

A Hazardous designation will eliminate beneficial re-use even if the USEPA exempts certain cementitious applications

FlyAshDirects utility clients have indicated to us that a hazardous designation will most likely force them to abandon beneficial marketing programs

FlyAshDirects customers and end-users have indicated that they are unwilling to accommodate the legal exposure of handling a material designated by the USEPA as hazardous

Specifiers have indicated they would not allow a hazardous material in their projects due to tort exposure

DOTs would eliminate the use of fly ash and procure more costly materials

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

1 bullbull 111 bullbullbullbull CCP Production and Utilization

CCPs are the fifth largest natural resource in the United States

Approximately 140 million tons of CCPs were produced in 2008

CCPs are widely used in the United States and around the world

Over 60 Million tons of CCPs were beneficially utilized in 2008

A few common Products and Applications include

Commercial Highways Roads Bridges Dams Airports

Industrial Water Treatment Plants DrainSewer systems Culverts

Residential Bricks Block Roofing shingles wallboard siding

CCPs have been successfully utilized for decades and the engineering benefits are well documented across a broad range ofproducts andapplications

Why are CCPs Utilized

bullbullbullbullbull bullbull bullbull1

CCPs are available in ABUNDANCE locally all 50 states

CCPs reduce the COST to produce many products

CCPs improve the PERFORMANCE and DURABILITY of many products

CCPs contribute to the ENVIRONMENT

CCPs safely existall around us andprovide significant environmental social and economic benefitsbullbullbullbullbullbullbullbullbullbull

bullbullbullbullbullbullbullbull II bullbullbullbull bullbullbullbullbull 11111111

Concerns with Subtitle C Designation

Managing CCPs under Subtitle C directly associate these materials as Hazardous

A Hazardous designation creates a stigma that CCPs simply do not deserve

A Hazardous designation will eliminate beneficial re-use even if the USEPA exempts certain cementitious applications

FlyAshDirects utility clients have indicated to us that a hazardous designation will most likely force them to abandon beneficial marketing programs

FlyAshDirects customers and end-users have indicated that they are unwilling to accommodate the legal exposure of handling a material designated by the USEPA as hazardous

Specifiers have indicated they would not allow a hazardous material in their projects due to tort exposure

DOTs would eliminate the use of fly ash and procure more costly materials

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

Why are CCPs Utilized

bullbullbullbullbull bullbull bullbull1

CCPs are available in ABUNDANCE locally all 50 states

CCPs reduce the COST to produce many products

CCPs improve the PERFORMANCE and DURABILITY of many products

CCPs contribute to the ENVIRONMENT

CCPs safely existall around us andprovide significant environmental social and economic benefitsbullbullbullbullbullbullbullbullbullbull

bullbullbullbullbullbullbullbull II bullbullbullbull bullbullbullbullbull 11111111

Concerns with Subtitle C Designation

Managing CCPs under Subtitle C directly associate these materials as Hazardous

A Hazardous designation creates a stigma that CCPs simply do not deserve

A Hazardous designation will eliminate beneficial re-use even if the USEPA exempts certain cementitious applications

FlyAshDirects utility clients have indicated to us that a hazardous designation will most likely force them to abandon beneficial marketing programs

FlyAshDirects customers and end-users have indicated that they are unwilling to accommodate the legal exposure of handling a material designated by the USEPA as hazardous

Specifiers have indicated they would not allow a hazardous material in their projects due to tort exposure

DOTs would eliminate the use of fly ash and procure more costly materials

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

bullbullbullbullbullbullbullbull II bullbullbullbull bullbullbullbullbull 11111111

Concerns with Subtitle C Designation

Managing CCPs under Subtitle C directly associate these materials as Hazardous

A Hazardous designation creates a stigma that CCPs simply do not deserve

A Hazardous designation will eliminate beneficial re-use even if the USEPA exempts certain cementitious applications

FlyAshDirects utility clients have indicated to us that a hazardous designation will most likely force them to abandon beneficial marketing programs

FlyAshDirects customers and end-users have indicated that they are unwilling to accommodate the legal exposure of handling a material designated by the USEPA as hazardous

Specifiers have indicated they would not allow a hazardous material in their projects due to tort exposure

DOTs would eliminate the use of fly ash and procure more costly materials

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

bullbullbullbullbullbullbullbullbullbullbullbullbull 111111111

Unintended Consequences

Significantly increased amounts of C02 generation will occur as cement production will no longer be off-set by fly ash utilization

Utilities will expand landfill utilization for the solid waste which is now beneficially utilized This creates additional negative exposure to existing solid waste impoundments

US consumers will be burdened by significantly increased utility bills

Real estate values will plummet in areas proximate to CCP landfills

Widespread public health and safety concerns abound

Unnecessary legal exposure and potential Tort claims for products containing CCPs

Significantly increased costs to US manufacturers of a wide range of products

Many small businesses like FlyAshDirect who are engaged in the CCP marketing industry will cease to operate creating significant job loss and unemployment

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

Widespread Opposition to EPAs position

State Regulatory Agencies

State Environmental Agencies

State Public Utility Commissions

Individual State Highway Administrations

Bi-partisan Senate letters

Congressional Letters

National Governors Association

Chambers of Commerce

Labor Unions

Technical and Educational Institutions

Industry Associations

See httpwwwuswagorglccblettershtm

11111 bullbull bullbull 111111 II

Please Consider

CCPs have been successfully managed as non-hazardous materials for decades

No scientific evidence supports classification as hazardous waste

The current non-hazardous classification has been evaluated multiple times over the past 20 years and each time it has been determined to continue as non-hazardous

No other nation in the world manages CCPs as hazardous

There is widespread industry opposition to USEPAs position

Most Importantly

Federal regulatory concerns over disposalpractices can easily be addressed without designating CCPs as hazardous waste

1111111111111111111111

Appendix

A 2008 Coal Combustion Production and Use Report

B Coal Burning Power Plants in Ohio

C Major Metropolitan Cities example

D Letters from Ohio EPA

E Private Company

F FlyAshDirect Home Page and Contact

Il IshyI I

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A

In Ohio - there are 27 coal fired power plants dispersed

throughout the state

C HI) 45

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bull ~ T~O 1nI 1=t tUri r JI ~ bullbull ~s JT IT-J_1WlJ-cn

T ~ ITI bullH II w rj middot ~ ~ r~~1 J~rgto~ ~~~~

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Iyr-a$~r~ -bull middotmiddotmiddotmiddott) t~middot 1gt -T t - U rI1 IU f j- r -- II II ro ofmiddot

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~ ~ lJ

j bull ~)l bull bull bullbull bullbull 111 - 1amp bull iii _ 1 OO~ Umiddot 0 II [~SUo~ ~I- raquoJmiddoth I htlf1L1 _

1 Ie t ~I -4J o(iJr -1 LtI 04 bullr SAIt ~ -MittL J ~ 0(1 111 li shy1)-1

B

All major have coal fed power plants serving the metropolitan areas including CCP disposal facilities

) J Utlmiddot1ft L~I---JI IiN p ~ shyd bullbull

L KJ

tCJll( I T

VI~ ~middot I ~lIbullbullbull IoE~T middotIRlIt~II 5

C

Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

r1 middot~1f19~ I ~ 1t middotfmiddotUmiddotIIICer tr ~l~~ t- vt middot-i middott

P Eu e4~50) i 7v n G 8Ji1 7[middot) 14 ~ampI bull bullbull41J Ck IILJJ~ )~ 1~le~ It)4d

CdlTbbull OJ- ~ I I

Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

1111111111111111111111

Appendix

A 2008 Coal Combustion Production and Use Report

B Coal Burning Power Plants in Ohio

C Major Metropolitan Cities example

D Letters from Ohio EPA

E Private Company

F FlyAshDirect Home Page and Contact

Il IshyI I

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ffIIIl rll~~ttM-~

ew IoIMII~~ =_ tal

U ~ 1ll(III tlMl~ ~ft~ 1lo4Ufi

A

In Ohio - there are 27 coal fired power plants dispersed

throughout the state

C HI) 45

i J~V ~ T lJor =-=tH -r M~

bull ~ T~O 1nI 1=t tUri r JI ~ bullbull ~s JT IT-J_1WlJ-cn

T ~ ITI bullH II w rj middot ~ ~ r~~1 J~rgto~ ~~~~

-shy~~~

~

fl

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Iyr-a$~r~ -bull middotmiddotmiddotmiddott) t~middot 1gt -T t - U rI1 IU f j- r -- II II ro ofmiddot

middotxmiddotrItJrtmiddot-~ 11 bull LlLf middot bull bullbullbull bullbull ~ lI -rrD - r r ~ to t)ncV = -- Jr X rru ctr 81 bullbull ~ I

~ ~ lJ

j bull ~)l bull bull bullbull bullbull 111 - 1amp bull iii _ 1 OO~ Umiddot 0 II [~SUo~ ~I- raquoJmiddoth I htlf1L1 _

1 Ie t ~I -4J o(iJr -1 LtI 04 bullr SAIt ~ -MittL J ~ 0(1 111 li shy1)-1

B

All major have coal fed power plants serving the metropolitan areas including CCP disposal facilities

) J Utlmiddot1ft L~I---JI IiN p ~ shyd bullbull

L KJ

tCJll( I T

VI~ ~middot I ~lIbullbullbull IoE~T middotIRlIt~II 5

C

Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

r1 middot~1f19~ I ~ 1t middotfmiddotUmiddotIIICer tr ~l~~ t- vt middot-i middott

P Eu e4~50) i 7v n G 8Ji1 7[middot) 14 ~ampI bull bullbull41J Ck IILJJ~ )~ 1~le~ It)4d

CdlTbbull OJ- ~ I I

Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

Il IshyI I

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~~((lJ~ fTlH __roJMt~

ffIIIl rll~~ttM-~

ew IoIMII~~ =_ tal

U ~ 1ll(III tlMl~ ~ft~ 1lo4Ufi

A

In Ohio - there are 27 coal fired power plants dispersed

throughout the state

C HI) 45

i J~V ~ T lJor =-=tH -r M~

bull ~ T~O 1nI 1=t tUri r JI ~ bullbull ~s JT IT-J_1WlJ-cn

T ~ ITI bullH II w rj middot ~ ~ r~~1 J~rgto~ ~~~~

-shy~~~

~

fl

I ~ s ~~~ ~

Iyr-a$~r~ -bull middotmiddotmiddotmiddott) t~middot 1gt -T t - U rI1 IU f j- r -- II II ro ofmiddot

middotxmiddotrItJrtmiddot-~ 11 bull LlLf middot bull bullbullbull bullbull ~ lI -rrD - r r ~ to t)ncV = -- Jr X rru ctr 81 bullbull ~ I

~ ~ lJ

j bull ~)l bull bull bullbull bullbull 111 - 1amp bull iii _ 1 OO~ Umiddot 0 II [~SUo~ ~I- raquoJmiddoth I htlf1L1 _

1 Ie t ~I -4J o(iJr -1 LtI 04 bullr SAIt ~ -MittL J ~ 0(1 111 li shy1)-1

B

All major have coal fed power plants serving the metropolitan areas including CCP disposal facilities

) J Utlmiddot1ft L~I---JI IiN p ~ shyd bullbull

L KJ

tCJll( I T

VI~ ~middot I ~lIbullbullbull IoE~T middotIRlIt~II 5

C

Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

r1 middot~1f19~ I ~ 1t middotfmiddotUmiddotIIICer tr ~l~~ t- vt middot-i middott

P Eu e4~50) i 7v n G 8Ji1 7[middot) 14 ~ampI bull bullbull41J Ck IILJJ~ )~ 1~le~ It)4d

CdlTbbull OJ- ~ I I

Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

In Ohio - there are 27 coal fired power plants dispersed

throughout the state

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All major have coal fed power plants serving the metropolitan areas including CCP disposal facilities

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Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

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Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

All major have coal fed power plants serving the metropolitan areas including CCP disposal facilities

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C

Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

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P Eu e4~50) i 7v n G 8Ji1 7[middot) 14 ~ampI bull bullbull41J Ck IILJJ~ )~ 1~le~ It)4d

CdlTbbull OJ- ~ I I

Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

Ohio EPA is one of many State Environmental Regulatory agencies opposed to management under Subtitle C

r1 middot~1f19~ I ~ 1t middotfmiddotUmiddotIIICer tr ~l~~ t- vt middot-i middott

P Eu e4~50) i 7v n G 8Ji1 7[middot) 14 ~ampI bull bullbull41J Ck IILJJ~ )~ 1~le~ It)4d

CdlTbbull OJ- ~ I I

Mr Matt Hale Director Ofice of ReslI)rce Conservaticn and Recovery US Environmental ~gtrotecti)n Agency 1200 Pennsylvania Avenue NW Washington DC 20460

Dear Mr Hale

I undorstal1d th]t the US Environmental Protection Agency is movirlg fo(wa rd on delJe~opmg regulations addressing coal combllstJlo-n waste (CCVl) and il)iends to proposE rules by the end of this ye3r I wish to offltir my thollgrlts regardinmiddot O hio-s prefe rred federal approch to CCVIf rP-glJl)tionlgt

I understand that VClriOUS DFtions are under consderat ion Zbull1y prefxrod option ilt IO follow the preious 2000 UStPA deci5ion to regulate CCW under RCRA Subtitle D

Other options based upon r~ul lltion under RCKA SL btitle C provide no clear advantages to Ohios solid waste or hazardous waste progroms thot cannot be acccmplished under a RCRII Subtitle U r8glJIHtory approilch h fact regu lation 01 CGV under RCRA Subile C would needlessly complicate Ohio s e)(i5ting pro-grams and sp8cifially the inC lusion of CCN in Ohios future benefkial use prolram Under Ohieshystatute hazarcmiddotolJ5 middotaste and solid waste are distinct and muttalJy exclusive types of wa~tes A federal hybrid approach towaros regu lation of CCW as OJ hazardolJs wastp inte nded tl1 be mrlnaged rlt a solid wEste clspo~al failiIy is in conflict with Ohio law From Ohios perspective federal regulation under RCRA SUDtitle D is the appropriate approcch

Ohios experiet)ce is that CCW is a h~gh vo llme low tOliicil~ waste that has not exoeede-d ReRA Subtitle C-based hazardous waste characteristics CON disposal should be regulated and Qoth CeN landfills and surface impoundments must obtain Ohi~J pt~rmiS Crwironmcntal rGgul~tion of CON (jisplsal is rnost reasonably accLlmplih~Li under RCRA S~ bt itlp rJ

Ohiomiddots experience as J federal ly approved Slbtitle 0 mlmicipa l solid vat~ landfill pefnit program has been sUYesgtrul The regulalory scheme IJSEPA h a~ taken in 40 CFR part 258 (municipal solid waste landfills) establ is hing m in imum national stBndards for the locatio n desiln operation closure post-closure correctiv~ action ltJno

-~ S 1CISIJ GIItnt~

Lt~ Id~I L tJr I ~ I GLI~ILI hr ~ yl~~kj 1il(rtn ~

Mr Matt Hale Page 2

monftoring 3S well as the method of approving state permitting programs has wor1lted well for over a decade This is the model that USEPA should build upon and tailor to the concerns arising from CCW disposal and management

Ohio CPA has valuable regulatory experience permitting and inspecting CCW disposal facilities We look forward to assisting USEPA in the development of a national CCW regu latory program

Sincerely

Q 2eQ Chris Korleski Director

CKJClHsw

D

Compelling message from university professor and inventor

Freight Pipeline Company

2601 Maguire Blvd Columbia MO 65201 USA

Phone (573) 442-00lI0 FiilC (573)442a110

B~nryLiu

Pnsid~nt amp CEO E~YaiI pc_~com Wobsill wwwfreighlpipelioecompmycom WtbsiR for Bridt v_~ckom

To MartHa1e Dinctor Offit t ofR_ulce Comernnon and ReNverr t$ Environmeohl Protlaquotion j~gtor-y

l~V O Penusylnnia An-XW Me 53illP WlI1lhingtoll DC 10460

Dellr hIr fule I am he lm-entor Qfthe Greenegtt Briel technology which on the 20M C2P2 Award in InnO3iion

an atad co~=oo by EPA My m-ventlOll wa alQ ele~ted by both TllvfE and POPULAR SClENCE JIlagmn~ al QUe of top ten best ine1lliom of 2007 I am aho an ellllri~ pxofu3Dr of o-y-il aDJl Egtt1uonmEgtt1tal engineeriag (Unieni1y of M~mi - Columbia) 1 would tike to ~ond to he prapo~ EPA new regulnioll to ~ify coal-genera1Od fly ash 33 a hazardous lvulte~ Thf opwQn eltP~ here is itliGly my poundm-U and unot lmiddoteftecting tiI31 of=y imtitutioll that Iatll affiliated gtvUh

Pnnkly I am agairut the propo~ednay reguiati= for th fonowmg eaoru 1 Studies by US C-eQlogiea1 Smwy (USGS) ha ahcgtwn that the amounts of hazardou clletnicab (ilea weah) that etbt ill ~I-fued fly uh are minute - ~ han that e~ in many Datt1nl roci and ~oil

2 Unlike ~l d= whkh C~ the hlack-hmg ~o eD3l miner no llaquoupatiomal hazard or disease hal ltiel becell id=ntipoundiEd with fly alh in spite of the taC1 tbat ily ash handler~ ha-e ~ dealiug id fly ~ dLailyfur decadelllOW 3 Emiddottpaience telIs ll3 that fly ash is ~ hazaclouc than ~I hut Yet coal is not daloiified a l bJrzatlctU$ aDJl is ll~POlted by ~ and trains r01JlinfJy eallling 30Jl)e coal lthut ~o be emitted inlP an 4 Ibae is a good scieutifk _foy By ash 0 be 11$ haZlldolU than coal dust _t dlb-t 3I1d ~ none ofwhieb hu been ehwified by EPA ~ hazarltkms~ Fiy agth is ielS hazardoUJl than thele nQnshyhauJrd0U3 lD3telillh becaUJlemiddot most cf the particle3 in fly ash are gia$) qilie1 They can be e3Pelled fromlunp 1elariWy easily once they aloe inhaled and can b lemo-oo from E)~ easily pl flwhiug he e~ ltith water In ContrASt mQst puticle$ of ltcal dlb-t slreet dlb-t and ~ are Jl4ltide of ixregnlar shape ha-ving llharp ed8 Thfy Me f2r lIlOIe difficult 0 eCpcl from l~ or wash out of eye 5 Clasifying fly m aj hazaJdom lvarer

- will gomerate the T~ impression-thal fly aili ia JJI

dan~eJ01Si as lame of he truly hazardoUll materials w eb as the spent fuel of nncleaJ power pbnlS )r

haUldou~ wate fmm a ebemical plant that manufactme~ mLwic cid OJ cyanide Ci33lcifjing 3 n=shyhazaJIdoUJl maielial as haurdoln does lIGt seJve puhlic inta51 becaue it ~-eads th lIuhlic ami diem public attentionfr1lln tllUy hazaclow maIampials 6 My upenenCE hao b eentlut the publi~ is -ry semiti1ie to the tenn ha22rdous waste O~ iiy ash is ~fied agt hazarcbtgt w-4llte~ the public will be t ehlctant to ue any product made from fly ash de-pite ~gt1Il13~~ frOlll the manufacturer that the proPnct is i3le Thereibre clHmying fly ~ as haurdouJl waste is Ernpecleli to harm ail typegt of benenciaJ use of fly ash k will s u-eIely hinder Flgres mad in lcent ycan in incr~ beneficial Ine ofily ah in the United States

7 0 ~lasified as a hazard0u5 waste the ihou5ands ltJf eltisring coal ash landfill sites scattered around the nation including impoundments ner power plants will automatically become hazardous vaste ite Tequing Superfund cleanup To clean up so many hazard0u5 waste sites would certainly Ibankrupt the nation On the oilier hand not to clean up =h sites w ill cause reideal around th sUes to rise up against EPA md electIic utilities owning uch s itegt Thousomds of low ruits will be filed against EPA andelectIic utilities benetitiug no one buttrial bwye ll The proposed new EPA legulariOll is lmanll to ha ~n prOIllpted by the fly ash spill at TVAs KingtOll Po Plant last December hich reoeied widesprd publi~ ~ollCems and media c01gltgt Hanr classifying fly ash as ~hazardou waste will do littlEgt to help prevent another Kingston or to enhance any publi~ safety An efflaquoi Yay to pm similar frture Pills offly ash from impoundment is for the government to beef up rule on daw safety This can be done eilha- by simply ettmding the nation s mting Dam Sarety Reg)llatiOIl3 to COt-el fly ashimpoundmeDts (which is not done cwrently) or Clating a set of new ruJs on dam safety specific for fly ash impoundments 9 V-1 m no forget a lessOIlleamed from recent histOlY About 15 yean ago EPA was med by an enlJuOIlDlentai bull ctrist group which forced EPA to ilhdr the nOll-hazardons classification for f1y ashe generated by poweqi= 1hn burned municipal lid waste (tnsh) Ihl action brougJt great clnlls to the oe baomin waste-ta-energy indu-uy in he nation Suddenly aU the wasle-to-energy facilities in the nation be SI-erelyaffected No more new aSte-tltgt-energy fa~iljties ba-e been built in the U s iiince and the fly ash gener41ed from exisring fadlilies was no longer used and had to hltgt dumped in speciallarulfills tor hazardous wastes which CO$ ~hmore to build and operate than ordinary landfills Did the nation enironment beneIlI any No igtecaue the special landfills do lOt render hazardous matials non-hazard0U5 they merely store ha=dougt materials posJponing the problem mr om children and grandchildren to deal with Row much better i2 would have beeu to the economy the enrnanment and to our children and grandchildren if the fly ash from ltb-te-to-energy i2cilities were not conmlered hazudo and ued beneficially That ad mistale made 15 years ago nnut no be l-epGtod today wtth cltJal-fued ashes

Baled on the foregoing facto and eidence it clear that classifying fly ash as hazardous ute does linle to belp pre ent future Pills of f1y h 1et will greatly damage national imerest iwhuiing but no limited to hinOOing beneficial se of co1 ash damaging he env-irOlllllellt (b increasing landfills) and diI11ing publi~ 3tteution nOOl truly hazardoUl mateliah thaI ~quite such 3tteutlon and the haurdous dcim1rion

Due to thalxn I feel thai it igt my patrioti~ dnt-j to eqllain the abltJlJe problem3 to you and to mge you to advise yOUI gtupeno in EPA nol to change the cuml classification offly am The propod change i bull bad idea that does _ ma ns doe no benefit he envu=menr and vil1 cmse s-ere damage to national in~

1 gtIll taking the Iibeltty of copying this lettj1 to all Congre perJlom nam Missomi and lteItaID other key indi--idoals tng~ them to oppDe bis plOposed new rule change h ld be beUr yet ifEPA would quit ptI1 uing hi migtollided idea of reclassif~ fly ash and do thin politite instead such as providing ta3 incentiv and moll arch funding for beneflcial USP- of coal ashes

Sincerely

gr~V-~ Henry Liu PhD PE

u Miss ouri Congressional Dele~tiOll ( Senaton Clnistopher S Bond and Claire McCilill House of Representati Membe Todd Akin Roy Blum m Carnahm William Lacy Clay Jr ErmnUll Cl Jo Ann JlmeIon Saw Gta~ Bhine Luetkemeyer andThe Skelton ~Coal Ash Asociation TOIllAdams Mike MacDon1ld Da-uid Goss Annely Nohle_ EJiroamODtl ProtRnoa A~ucy (IlA) Susaa Bodia bull

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