1 

### Helms, Greg

From: Wittenborn, John <JWittenborn@KelleyDrye.com>

Sent: Monday, June 01, 2015 11:49 AM

To: Helms, Greg

Cc: Green, Joseph J.

Subject: RE: Corrosivity Characteristic



### Mr. Helms,

Thanks for the update. In the meantime, I have a rranged a meeting among vari ous industry groups with

interest in the Corrosivity issue. So far, I have received responses from 14 representatives from a dozen trade

associations for a meeting scheduled to take place here next Monday, June 8. The purpose of that meeting is to

begin efforts to coordinate a response to the PEER petition that we can then discuss with you on the 17 th 

### . We

hope it will be helpful to EPA to have industry representa tives speak with one voice, where possible. It is

likely that several of those representatives will also be interested in the meeting with you and your staff on the

17 th



### .

Please let me know once the meeting is confirmed.

Regards,



## John Wittenborn

Kelley Drye & Warren LLP

(202) 342

‐ 8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov]

Sent: Monday, June 01, 2015 11:16 AM

To: Wittenborn, John

Subject: RE: Corrosivity Characteristic

Mr. Wittenborn

‐

I have tentatively scheduled the meeting for the morning of June 17, at 10:00

‐ 11:30 am, in our offices at the Crystal City

address below. We will meet in Room 6100 of the North Tower.

I need one more confirmation from EPA attendees before I can finalize this time and place.

Thanks.

________________________________ 

### Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone: 703

‐ 308

‐ 8845

fax: 703

‐ 308

‐ 05142 

### helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC 20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N

‐ 5611

Arlington, VA 22202

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at: www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [ mailto:JWittenborn@KelleyDrye.com ]

Sent: Thursday, May 28, 2015 8:37 AM

To: Helms, Greg

Subject: RE: Corrosivity Characteristic



### Hello Mr. Helms:

Just checking in to see if we are still looking at dates in June? If so, I would like to invite some other DC trade

associations to participate.

Thanks,



## John Wittenborn

Kelley Drye & Warren LLP

(202) 342

‐ 8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [ mailto:Helms.Greg@epa.gov ]

Sent: Friday, May 22, 2015 12:05 PM

To: Wittenborn, John

Cc: Fitz-James, Schatzi; Youngblood, Charlotte; Devlin, Betsy

Subject: RE: Corrosivity Characteristic

Thank you. I will check dates with my colleagues on Tuesday.3 Also, I assumed that you have a copy of the petition. If not, I can provide you with one, or I believe it is available on the

PEER website.

________________________________ 

### Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone: 703

‐ 308

‐ 8845

fax: 703

‐ 308

‐ 0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC 20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N

‐ 5611

Arlington, VA 22202

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at: www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [ mailto:JWittenborn@KelleyDrye.com ]

Sent: Friday, May 22, 2015 11:22 AM

To: Helms, Greg

Cc: Fitz

‐ James, Schatzi; Youngblood, Charlotte; Devlin, Betsy

Subject: RE: Corrosivity Characteristic



### Mr. Helms,

Thanks for your response. We did not expect that EPA would be in a position to say much about the petition at

this point. We reached out primaril y to open a dialog. We would be happy to talk about the concerns we have

with the petition and its potential im pacts and find out what additional information or assistance EPA might

need from us as it formulates its response. At this poi nt, we are also just beginning to evalua te and quantify the

potential impacts. We certainly do intend to submit our information and data in writing.4 

### As for timing for the meeting, I will be on vacation the w eek of June 22, but have several days open the week

before. Those days include June 17, 18, or 19. H opefully, one of those days will work for you and your

colleagues.

Thanks again.

John



## John Wittenborn

Kelley Drye & Warren LLP

(202) 342

‐ 8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [ mailto:Helms.Greg@epa.gov ]

Sent: Friday, May 22, 2015 11:12 AM

To: Wittenborn, John

Cc: Fitz-James, Schatzi; Youngblood, Charlotte; Devlin, Betsy

Subject: RE: Corrosivity Characteristic

Mr. Wittenborn

‐

As we are still evaluating the corrosivity petition, there is little of substance I can say about it. However, I am quite

willing to meet with you to hear your views and better understand your concerns about the petition. I would be

available some time during the weeks of June 15 or 22, although I will need to coordinate with the calendars of

colleagues who may wish to attend.

Procedurally, the Agency will respond to the petition in accord with the provisions of 40 CFR 260.20. At this point the

Agency has not determined which of the options for response to such petitions we will rely on.

In addition to any meeting or conversations we may have on this topic, I urge you to provide your views and any

supporting information you believe may be relevant in writing, so that we have a clear statement your views. Please

address any such materials to the ORCR Office Director:

Barnes Johnson, Director

Office of Resource Conservation and Recovery

U. S. EPA

1200 Pennsylvania Ave. NW

Mail code 5304P

Washington, D. C., 20460

Please let me know whether some time during the two weeks I identified will work for you. If not, we can look at other

times.

________________________________ 

### Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone: 703

‐ 308

‐ 8845

fax: 703

‐ 308

‐ 0514

helms.greg@epa.gov5 

### Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC 20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N

‐ 5611

Arlington, VA 22202

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at: www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [ mailto:JWittenborn@KelleyDrye.com ]

Sent: Wednesday, May 20, 2015 3:31 PM

To: Helms, Greg

Subject: Corrosivity Characteristic



### Hello Mr. Helms:

Our firm represents the Steel Manufact urers Association and Speci alty Steel Industry of North America. The

members of these associations manufacture steel from sc rap in electric arc furnaces (EAF). One of the byproducts of the production of steel is slag. Slag is processed and sold as an aggregate product for use in road

construction and similar uses. Some forms of slag may have pH le vels that exceed 11.5.

We are aware that EPA has entered into a Stipulation under which it has agreed to take action on a citizen’s

petition filed by Public Employees for Environmental Responsibility (PEER). The petition seeks to force EPA

to revise the RCRA corrosivity characteristic by lowering the upper pH limit from 12.5 to 11.5, and by

removing the “aqueous” designation. Such a regulatory change would have a si gnificant adverse impact on

the steel industry.

We work closely with several other trade associations whose members also produce wastes or by-products that

would be impacted by the change reques ted by PEER. All of us are interest ed to learn more about the process

that EPA intends to follow as it responds to the court order and we would like to de termine whether or how we

can participate in that process to make our concerns understood.

If appropriate, I would like to invite you to a meeting here at our firm to discuss the petition and EPA’s

response, or at least the process that EPA will follow in developing its re sponse. We would also invite

representatives of several associatio ns to attend to minimize the inconv enience for you. If it is more

convenient, we would be happy to come visit your office for the discussion.6 

### Please let me know if my request is appropriate, and if so, some date s when you would be available for a

meeting.

Thank you.

Regards,

John



## John Wittenborn

Kelley Drye & Warren LLP

Washington Harbour, Suite 400

3050 K Street, NW, Washington, DC 20007

o: (202) 342

‐ 8514 | m: (703) 328

‐ 0898

jwittenborn@kelleydrye.com

Website



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The information contained in this E-mail message is privileged, confidentia l, and may be protected

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### this E-mail message in error, please reply to the sender.

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responsibility is accepted by Kelley Drye & Wa rren LLP for any loss or damage arising in any way

from its use.

The information contained in this E-mail message is privileged, confidentia l, and may be protected

from disclosure; please be aware that any other use, printing, copying, discl osure or dissemination of

this communication may be subject to legal restriction or sanction. If you think that you have received

this E-mail message in error, please reply to the sender.

This E-mail message and any attachments have been scanned for viruses and are believed to be free

of any virus or other defect that might affect any computer system into which it is received and

opened. However, it is the responsibility of the re cipient to ensure that it is virus free and no

responsibility is accepted by Kelley Drye & Wa rren LLP for any loss or damage arising in any way

from its use.