COMMISSIONERS GOV DAVID A PATERSON New York, Chairman GOV MARTIN O'MALLEY Maryland, Treasurer GOV BOB RILEYAlabaGOV MIKE BEEBE Arkansas GOV PAT QUINN Illinois GOV MITCHELL E DANIEL.5 Indiana GOV STEVEN L BESHEAR Kentucky GOV BOBBY JINDAL l.ouisiana CiOV JA Y NIXON Missouri GOV BEVERLY EAVES PERDUE North Carolina August 10,2010 HazardousWaste Management System Identification and Listing of Special Wastes Disposal of Coal Combustion Residualsfrom Electric Utilities Docket Attention Docket ID No. EP A-HQ-RCRA-2009-0640 U.S. Environmental Protection Agency Mail Code: 5305T 1200 PennsylvaniaAvenue, N.W. Washington, DC 20460 RE: Requestfor Extension of Comment Period TO: Mr. Alexander Livnat:

(;OV JOHN HOEVEN North Dakota The Interstate Mining Compact Commission (IMCC) hereby requestsa 60-day extension of the comment period on the u.s. Environmental Protection Agency's proposed rule on the "Identification and Listing of SpecialWastes: DisposalofCoal Combustion Residualsfrom Electric Utilities." 75 Fed. Reg. 35128 (June21,2010). IMCC is a multi-state governmental organization representingthe natural resource and environmental protection interests of its 24 member states. Our member states implement various regulatory programs pursuantto delegatedauthorities under the ResourceConservation and Recovery Act (RCRA), the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA). As primary regulatory authorities under thesestatutes,one of the many areaswe arecalled upon to address is the disposal andbeneficial useof coal combustion residuals (CCRs) at mines. This is atopic that is directly addressed in EP A's proposed rule and hencewe have a vital interest in the matter. GOV TED STRICKLAND Ohio

GOY BRAD HENRY Oklahoma CiOV EDW ARD G RENDELL Penn,ylvania GOY MARK SANFORD South Carolina GOY PHIL BREDESEN Tennessee (JOY RICK PERRY Texas C;OV ROBERT F MCDONNELL Virginia GOV JOE MANCHIN III We,t Virginia

GOY SEAN PARNELl Alaska GOY BILL RITTER Colorado The proposed rule contains at least four major componentsthat areof importance to the states: 1) EP

A's proposed reversal of its May 2000 final regulatory determination under the Bevill amendment;2) a proposedoption under Subtitle C of RCRA for the regulation ofCCRs; 3) a proposedoption under Subtitle D ofRCRA for the regulation ofCCRs; and4) a rangeof possible regulatory controls for the beneficial use of CCRs. In addition, EP A seekscomment on avoluminous and complex regulatory analysis and other related issuessuchasthe Regulatory Flexibility Act and environmental justice concerns. Given the breadth and complexity of theseoptions andthe potential implications for the states,more time is neededfor us to adequatelyreview anddevelop comments on the proposed rule. GOY BILL RICHARDSON New Mexico GOY GARY R HERBERT Utah GOV DAVE FREUDENTHAL Wyoming EXECUTIVE DIRECTOR GREGORY E CONRAD 445-A Carlisle Drive. Herndon. V A 20170 Phone: 703/709-8654 Fax: 703/709-8655 Web Address: www.imcc.isa.us E-Mail: gconrad@imcc.isa.us or bbotsis@imcc.isa.usWe therefore respectfully request that EPA extend the comment period by an additional 60 days

to provide our member states and the public with adequate time to respond. Should you require additional information or have any questions, pleaselet me know,

®ory E. Conrad Executive Director