June 23, 2010

VIA ELECTRONIC SUBMISSION & U.S. MAIL

Mr. Steve Souders Office of Resource Conservation and Recovery Environmental Protection Agency

Mail Code: 5304P 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 Email: souders.steve@epa.gov

Re: Request for Extension of Comment Period Notice of Proposed Rulemaking for the Identificatio n and Listing of Special Wastes: Disposal of Coal Combustion Residuals from Electric Utilities 75 Fed. Reg. 35128 (June 21, 2010) Docket No. EPA-HQ-RCRA-2009-0640

Dear Mr. Souders:

The Utility Solid Waste Activities Group (“USWAG”) 1 hereby requests a 120-day extension to the comment period on EPA’s Proposed R ulemaking for the “Identification and Listing of Special Wastes: Disposal of Coal Com bustion Residuals from Electric Utilities.” 75 Fed. Reg.35128 (June 21, 2010).

As the Agency is well aware, this is not the run-o f-the-mill proposed rule. The proposal contains at least four major components, a ll of which involve multifaceted policy, legal, and technical issues, including (1) EPA's pr oposed reversal of its 2000 Final Regulatory Determination for coal combustion residu als (“CCRs”), (2) detailed and highly complex proposed Subtitle C regulations for CCRs, ( 3) detailed and equally complex proposed Subtitle D regulations for CCRs, and (4) a range of possible regulatory controls for the beneficial use of CCRs. In addition, EPA s eeks comment on a voluminous and complex regulatory impact analysis ("RIA"), as well as on a myriad of additional issues including, EPA's compliance with the Regulatory Fle xibility Act and EPA's proposed findings under Executive Order 13211 for “Actions t hat Significantly Affect Energy Supply, Distribution, or Use.” USWAG respectfully suggests that a 90-day comment period is not adequate to allow members of the publ ic, including USWAG’s members, to

1 USWAG was formed in 1978, and is a trade associati on of power generation, transmission, and distribution companies. USWAG’s members include ov er 110 individual electric companies and

three trade associations: the Edison Electric Insti tute, the National Rural Electric Cooperative Association, and the American Public Power Associat ion.Office of Resource Conservation and Recovery

June 23, 2010 Page 2 of 2

2 respond to the literally hundreds of detailed polic y, technical, legal, and other substantive issues raised in this far-reaching co-proposal.

As EPA correctly acknowledges, the magnitude and s ignificance of this rulemaking initiative demand that any final rule be based on s ound science and that EPA's decisionmaking processes “are transparent and encourage the greatest degree of public participation.” 73 Fed. Reg. at 35133. Given the breadth of options presented in the proposal and the detailed issues associated with ea ch option, a final rule based on the greatest degree of public participation and sound s cience will require more time for the public to evaluate and properly respond to the co-p roposal. For example, in responding to the RIA alone, it will be necessary to develop tech nical economic reports evaluating the cost impacts of the various regulatory scenarios, i ncluding some cost impacts that EPA readily acknowledges are not included in the curren t RIA ( i.e. , compliance costs under the Subtitle C option for CCR management units located upstream of CCR disposal units). In addition, the collection, compilation and analysis of market data on the adverse impacts to

CCR beneficial use that would result under the Subt itle C option will take more than the 90 days currently allowed for under the proposal.

It is imperative that EPA allow adequate time for the public to fully analyze, understand and respond to this multifaceted proposa l which has enormous environmental, energy, and policy implications. An extension is e specially appropriate where, as here, the Agency is not under any statutory or court-ordered deadline to complete this rulemaking initiative by a specified date. USWAG therefore re spectfully requests that EPA extend the comment period on the co-proposal by an additional 120 days to provide our membership and the public at large with adequate time to respo nd.

If you need further information about this request , please contact me or USWAG counsel Douglas Green (202-344-4483; dhgreen@venabl e.com).

Sincerely,

James R. Roewer

Executive Director Utility Solid Waste Activities Group

cc: Robert Dellinger, EPA; dellinger.robert@epa.go v Betsy Devlin, EPA; devlin.betsy@epa.gov