Message Information 

Date 02/02/2010 04:56 PM 

From "r e rutkowski" <r_e _ rutkowski @att. net> 

To LisaP Jackson/DC/USEPA/USQa EPA 

cc 

Subject EPA-INDUSTRY COALITION BLUNTS TOUGHER STATE COAL ASH RULES 

Message Body 

Lisa Jackson, Administrator 

USEPA Headquarters 

Ariel Rios Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code : 1101 A 

Washington, DC 20460 

Email : jackson .lisa aepa .gov 

202-564-4700 

Re: EPA-[NDUSTRY COALITION RLt1NTS 'COUGHER STATE COAL ASH 

RULES/Coal Ash Industry Enlists EPA to Quash Tighter State Regulatory Proposals 

Dear Administrator Jackson, 

The coal ash industry has been able to call upon the U.S . Environmental Protection Agency and 

the U .S . Department of Energy to respond to proposals from states for stricter regulation of coal 

combustion wastes. The messages portray federal agencies enlisted as lobbying arms for 

industry. 

EPA is now belatedly wrestling with whether to classify coal combustion wastes, principally coal 

ash, as a hazardous waste following the disastrous coal ash spill in eastern Tennessee in late 

2008 . [n the absence of federal regulation, states have struggled with how to handle the more 

than 125 million tons of fly ash, bottom ash, boiler slag, and flue gas desulfurization gypsum 

generated by coal-fired plants each year. 

In arguing against federal regulation, industry has maintained that state regulation is best. Yet 

e-mails obtained by PEER under the Freedom of Inforrnation Act indicate that industry worked 

in concert with EPA to counter state proposals for stricter regulation, including - 

Efforts in California to keep fly ash out of school construction in order to prevent 

mercury exposure of children ; 

Legislation in Maryland to prohibit use of coal ash in agriculture or as land reclamation . 

This 2008 bill generated an "URGENT' alert in which an Energy Department official 

dismissed the legislation as a "knee-jerk response to the contamination that has occurred" 

at a gravel mine ; and 

A decision by the Puerto Rico Department of Natural Resources to treat all coal ash as a 
waste, despite claims that "beneficial reuse" should be exempt. 

Industry appears to have used EPA as its pet pit bull to keep state regulators at bay, pointing to 

EPA's Coal Combustion Products Partnership (C2P2), a formal promotional partnership between 

EPA and industry to increase use of coal ash in consumer products, agriculture and construction, 

that is still in effect. Significantly, EPA officials in these exchanges did not exhibit the slightest 

interest in scientifically exploring any of the public health and environmental uncertainties raised 

by their state partners . 

One particularly troublesome tactic involves EPA developing an industry-approved "risk 

assessment" in hopes that it "will be attractive to state agencies" (in the words of an industry 

lobbyist) for state adoption in lieu of tougher regulation. One message on this topic from a coal 

ash industry lobbyist reads: 

"Personally, I can't thank OSW [EPA's Office of Solid Waste] staff members enough for the 

efforts they have provided our industry. . . ." 

EPA should stop acting as an industry agent for marketing hazardous waste, noting that the coal 

ash industry partnership is under investigation and review by the EPA Office of Inspector 

General . 

EPA should redirect its resources to work with states in addressing legitimate and growing public 

health concerns about spreading powerfully toxic ash throughout our stream ofcommerce . 

Thank you for the opportunity to bring these remarks to your attention. 

Mindful of the enormous responsibilities which stand before you, I am, 

Yours sincerely . 

Robert E. Rutkowski 

cc: House Leadership 

2527 Faxon Court 

Topeka, Kansas 66605-2086 

PIF : 1 785 379-9671 

E-mail : r e rutkowski~Watt.net 

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