COMMISSIONERS

GOV DAVID A PATERSON

New York, Chairman

GOV MARTIN O'MALLEY

Maryland, Treasurer

GOV BOB RILEY

AlabaGOV 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

Hazardous Waste Management System

Identification and Listing of Special Wastes

Disposal of Coal Combustion Residuals from Electric Utilities Docket

Attention Docket ID No. EP A-HQ-RCRA-2009-0640

U.S. Environmental Protection Agency

Mail Code: 5305T

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

RE: Request for Extension of Comment Period

TO: Mr. Alexander Livnat:

(;OV JOHN HOEVEN

North Dakota

The Interstate Mining Compact Commission (IMCC) hereby requests a 60-day

extension of the comment period on the u.s. Environmental Protection Agency's

proposed rule on the "Identification and Listing of Special Wastes: DisposalofCoal

Combustion Residuals from Electric Utilities." 75 Fed. Reg. 35128 (June 21,2010).

IMCC is a multi-state governmental organization representing the natural resource

and environmental protection interests of its 24 member states. Our member states

implement various regulatory programs pursuant to delegated authorities under the

Resource Conservation and Recovery Act (RCRA), the Clean Water Act ( CW A) and

the Surface Mining Control and Reclamation Act (SMCRA). As primary regulatory

authorities under these statutes, one of the many areas we are called upon to address

is the disposal and beneficial use of coal combustion residuals (CCRs) at mines.

This is a topic that is directly addressed in EP A's proposed rule and hence we 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 components that are of importance to

the states: 1) EP A's proposed reversal of its May 2000 final regulatory

determination under the Bevill amendment; 2) a proposed option under Subtitle C of

RCRA for the regulation ofCCRs; 3) a proposed option under Subtitle D ofRCRA

for the regulation ofCCRs; and 4) a range of possible regulatory controls for the

beneficial use of CCRs. In addition, EP A seeks comment on a voluminous and

complex regulatory analysis and other related issues such as the Regulatory

Flexibility Act and environmental justice concerns. Given the breadth and

complexity of these options and the potential implications for the states, more time is

needed for us to adequately review and develop 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.us
We therefore respectfully request that EP A 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, please let me know,

®ory E. Conrad

Executive Director