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 arranged a meeting among various 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 17th. We 

hope it will be helpful to EPA to have industry representatives 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 

17th. 

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:  703‐308‐0514
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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.
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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 primarily to open a dialog. We would be happy to talk about the concerns we have 

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

need from us as it formulates its response. At this point, we are also just beginning to evaluate and quantify the 

potential impacts. We certainly do intend to submit our information and data in writing. 
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As for timing for the meeting, I will be on vacation the week of June 22, but have several days open the week 

before. Those days include June 17, 18, or 19. Hopefully, 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.gov
5

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 Manufacturers Association and Specialty Steel Industry of North America. The 

members of these associations manufacture steel from scrap 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 levels 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 significant 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 requested by PEER. All of us are interested to learn more about the process 

that EPA intends to follow as it responds to the court order and we would like to determine 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 response. We would also invite 

representatives of several associations to attend to minimize the inconvenience for you. If it is more 

convenient, we would be happy to come visit your office for the discussion. 
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Please let me know if my request is appropriate, and if so, some dates 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

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

from its use. 

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

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

this communication may be subject to legal restriction or sanction. If you think that you have received 
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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 recipient to ensure that it is virus free and no 

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

from its use. 

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

from disclosure; please be aware that any other use, printing, copying, disclosure 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 recipient to ensure that it is virus free and no 

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

from its use.