## /2r\ 

# \sPrrnnn' "Tt@"." 601 Cumber[and, Btdg 3 2 Chattanooga, TN 3740h

Phone: 423-629-7160 Fax: 423-698-0614

Submitted

via US Mail and E-mail
Honorable

Lisa Jackson Administrator United States Environmental

Protection Agency Ariel Rios

Building 1200 Pennsylvania

AveNW MC 11014. Washington,Dc

20460
RE: Attention

Docket ID No. EPA-HQ-RCRA-2009-4640
Dear AdminisftatorJackson, Sphere One, Inc. is the largest

marketer of domestic

cenospheres

in the United States. Cenospheres are collected from ashcontainment

ponds, where they float to the surface

dueto their low density. Our production

facility is located

in Chattanoogq

TN and hasbeenin operation since 1973. We employ over 60 people

that depend

on this facility for their livelyhood. We serve a variety of dtfferent markets including cementacious

applications,

building products,

refractory products,

anil consumer

products. Throughout

our history, we havecontinued to test our ftrw materials

to ensure their safety. We strongly disagree with catagorizing

all coal combustion

residuals under one ruling and encourage the EPA to look at each

CCR generated

individuatly based

on their different compositions and risks to human

health andthe environment.A Subtitle C designation will negatively

impact our business

and our ability to continue recyclingthis by-product. Cenospheres

do not warranta Subtitle C designation based on scie,ntific

testing. In the preamble

to the proposed rule, cenosphores

aro definedas "lightrvoight, inert, hollow sphores comprisod

largely of silica and aluminaglass''. Frankly, we and everyone we work with" agrees

with this definition. Cenospheres are inert. We test our materialfor leachate and nonaof the heavy metals that havebeff highlightedas a concem leachat a detectable

level. We are attaching

our laiest leachabtestingof soruces showing that the only element

that does leach out of cenospheres

is bariunr,andthat is at a barely detectable level. Additionally, cenospheres are not generated

in large e,nough

amounts to inpact any aquifers. We have close to 40 years

experience

with the different sites

that produce

cenospheres.

Ths largest

individual sitesproduce,

at most 3,000tons annually. Currently, neady l00o/o of the available

cenospheres generated

in the US ue harve$ted

and muketed. In facL the markst for ce,nospheres in the US is greater than the supply requiring cenosphenes to be imported

from over seas

to sdisfi'the demand. The only waythat cenospheres

could accumlate

and bo stockpiled

at a zubstmtial level is for anilingto beput in place that would preclude

their marketability.
The stigmacreated

by a Subtitle C eliminates the supply of our raw matedals and elirninates

the chance of continued

useor future consideration by our customers.On the supply side, we havealready

been negativelyimpacted

by the proposed

rule. One of our largest suppliers has suspended

operations

on their site pending

the firal ruling. If the Subtitle C ruling is enacted, our contact with themwill not be renewed andwe will permanently losethis supply. We have ongoingconhactnegotiations with anofier supplier. The following wording haq been added to the potentialcontract *SUPPLIERand COMPANY unconditionally reserve the right to terminate

shipment and useof Cenospheres

ftom the Plant by COMPANY without prior notice andto termirate this contract beforeany expirationdate, should SUPPLIER

or COMPAI.{Y, in either's sole discretioq deterrrine

at any time that the Ceaospheres produced at ssch Plant is harmftl or hazardous to the environment

or the publiCs health or safety." This wording is in direct responss to this pending

ruling and hasbeen

added so thatthe contact can be cancelled ifthe Subtitle C ruling is implemented. Numerous

suppliers have indicated

ttratthis type of wording will be included in any futr'ne coffracts.
The negative

stigma created by a Subtitle C is the biggest issue from a mmketingstandpoint.Virtually every customer

that is aware

of the pending

ruling hasexpre.ssed

their concems

with a Subtitle C rule. Many have saidthat they havealready begun to look at alternative

materials should a Subtitle C rule be implemented.Most of our customers are hestitant

to go on the record in support of Subtitle D dueto their perceived

liability should Subtitle C be implemented. They are concerned

that if the public is alare of the materials

in their products,

it will adversely

affoct their business.

With a Subtitle C ruling, they haveexpressed

concem that they may be targeted by environmental

groups as companies

that use a hazardous

materialin their products. Even with these concerns,

some customers

havegive,n

us commerts

that we can use. We haveattached comments

that we havebeen

gven permission

to use. Some of the highligbtsfrom their comments include:

r "If classified

as hazardous,

900 Global would have

to takE on Exta costs

for dust containment

and control of loading/unloading the product into production machinery. Again" we would haveto takethis into account to determine

if Extendospheres

are indeed a cost effectiveway to produce our producf' o "If EPA ultimately determines to manage

CCR under Subtitle C, potentially severe resfiictionsmay be imposed on legitimatebeneficialreuse scenarios,

even though the EPA hasstated

tharthey fully intendto promotereuse. Various resfictive provisions of the RCRA hazardous

waste regulations,

including the "dcrived from" and "mixture" rules aswell as prohibitions of certaintypes of recycling,would leave numerous

legal compliance

questions

in the minds of our customers regarding

the use of oru CCR derived products. Indecd,

they would not be ableto understand why thcse

products would be considered

o'"ofe" for beneficialre-use

but would be deemed

a "special" or "hazaf,dous"

wasts if disposed

of." "Furthermore,

regulatingCCR rmderSubtitle C of RCRA would not only jeopardize our business, but even if some

customers

were willing to use

these products despite the concefi$ that would sr.uely develop, the additionalcostto manage these CCRmaterials would be significantly higher undcrthe Subtitle C proposal than under Subtitle D (solid waste). This could effectively price us out of the market of using CCR as these costs would negate

the savings

and pn'oduct

perfornance achiwed by the benEficial re-usie of CCR materials. Wbile EPA indicated that they bclievethat managcmcnt of CCR destined

for disposal

rmderSubtitle C would be an incentive to beneficially use more of these

mat€,riels to avoid disposal,

we are concs,med

that the opposite

may occur dueto the stigma

associated

with "hazardous

wasteo'managsment

and unclemapplication of reuse exemptions." "Our custom€rs

and consumers

that have puchased otlr products

orrer the last 10y€ars will now qucstion

why these

product containa "rylecialwasts" mderial. They willstruggle to understand

the legal nrumces

of why this "specialwaste" is different from other hazardous

material regulated

under Subtitle C. We believeattenpts to explain these nuances will erode

and possibly

tamishthe reputation

that our products

currently enjoy in the marketplace." o "Our company

is at the forefront of cement composite

technology;

we continually evaluate w*ste and recycled

raw materialzuchas fly ash to detemrine

if they will meet our standards

of performance.If the EPA were to regulate fly ashas a special

waste under Subtitle C, we would haveserious concerns aboutcommercializing

products made using fly as or evencontinuingresearch in this area." r "From our perspctive, as a manufacturer of highly regarded

products for building materials industry, the proposed

regulation

of cenospheres

and fly ash under RCRA Subtitle C is likely to deterus from usingthem in our products, and indeed we have already beenforced to explore alteluatives to thee msterials."
A representative

from the legal departrnent at one of our customers

has an excellelrt

exaurple of how the stigma will negatively

impacttheir business.In one of their building products, they currently have silica sand as an ingredient. He saidthat they regularly get calls from both buitders and homeowneni

expressing

concern that there is silica sand

in their products

and asking if it is'safe. Based on that oxperience,

they feel that the concerns will be substantially

higher if there is a Subtitle C special waste in their products. These

are real world comments

from the actualeorrsumers of these products. They showthat the stigma is real, and it will undoubtedly

havea severe

impact on our business.
The EPA has highlight€d several examples

of how a hazardous

waste designation

hasactually increased

the amormts of a waste

strearn that are recycled. The feedback from our customers

clearly showthose

examples

are not ap'plicable

in the markets

we serve. The resultsin one markst segment cannot be used to determine

how a ruling will impact a totally different market. The EPA would be much bett€r offin looking at how spent pot liners from aluminummanufachning are disposed.

These liners are a highly valuable nineralizing agent

in the manufacture

of Portland

cememt. Inthe US, these

materials are classified

as hazmdous

and most are disposed

of in a landfill. In Brazil, where they are not designated

as hazardous,

almost 10ff/oare recycledin cement production. That is a direct comparison of what can happen

in our markets

with a hazadousdesignation. Sphere One stongly urges

the EPA to enact

the Subtitle D Prime ruting. The engine€ring standards

arethe same in both Subtitle C and D. Needed protections

to hrmran

bealthandthe environment will be accomplished without unnecssarily

stigmatizing

CCP's. Everyone

acknowledges

the hugebenefi*, both enviromental and economic,

that are achieved

in the recylcing of CCP's. Based on all currentscientific data" cenospheres

are completely

safeand in no way warranta hazardous waste label. The EPA cannot

be certain

that a Subtitle C ruling won't impact reuse. The very people who deal in the markeb every day are unanimous in their position that it will havea devastating efu. We arethe experts il this mmkel and every one of us disagrees with the EPA's a.ssesment.

It would be irresponsible for the EPA to ignore all the industry commenk and assume their assmupions

arecorrect. Subfitle D prime will ensure ftat CCP's are safely managed while continuing

to promote and expand

theirbeneficial use.
Thankyou for your consideration.
Sincerelv. ,-'V (_.\,.,// 

# '/2+)?-< e r/ ' u 

# d"^i.sroffi Op*utio* Manager- Sphere Ono,Inc.il!&4$L Aramis*€!+*$,

tr mm " 3 Cocper $f., Sl*st*re::t. friJfiStrfifi

Phone. (85C1

il58-4tJ00 Far.. (8 lltill-457 I [-rrrrii.

Attn: David Hempy Sphere One, Inc. 601 Gumberland,

Bldg 32 Chattanooga,

TN 37404
Fax: (423)

698-0614 Phone: (423) 629-7160 Project: Raw Material Leach Testing



### Test Report

Client Sample Description F1IF7 Customer lD: Customer

PO: Received: EMSL Order:
EMSL Proj: SPHE62

15102 01lO7l1O

9:43 AM 01 1 000075

1 311/601 0B 131 1/6010B 1 311 /601 0B LP 1311/6010B 1 311/601 0B LP 1311/60108 LP 't3't1/60108 1311t7470A'
Client Sample Desoiption \JI

1 31 1/601 0B P 1311/60108 1 311 /601 0B 1 31 1/601 0B 131 1/60108 1 31 1/601 0B 1 311/601 0B 1311t7470A.

Client Sample Description

1311/60108 131 1/60108 1 311/601 0B 1311/60108 1 311/601 0B Parumeter Arsenic Barium Cadmium Chromium Lead Selenium Silver Mercury

Parumelet Arsenic Barium Cadmium Chromium Lead Selenium Silver Mercury

Parumeter Arsenic Barium Cadmium Chromium Lead Collected:

Concentatiott <0.080 <1.0 <0.040 <0.1 0 <0,1 0 <0.20 <0.1 0 <0.0020 Repofting

Limit Units 0.080 mg/L 1.0 mg/L 0.040 mg/L 0.10 mg/L 0.10 mg/L 0.20 mg/L 0.10 mg/L 0.0020 mg/L
11512010

Reporting Limit Units 0.080 mg/L 1.0 mg/L 0.040 mg/L 0.10 mg/L 0.10 mg/L 0.20 mg/L 0.10 mgiL 0.0020 mg/L Analysis

Date 1t8t2010 1t8t2010 1t8t2010 1t8t2010 1tgt2010 1t8t2010 1t8t2010 1t8t2010 Lab ID: 0002
Analysis Date 1t8t20't0 1t8t2010 1t8t2010 1t8t2010 1t8t2010 1t8t2010 1t8t2010 1t8t2010 Lab ID: 0003
Analysis Date 1t8t2010 1t812010 1t8t2010 1t8t2010 1t8t2010 Collected:

Concentration <0.080 1.6 <0.040 <0.1 0 <0.1 0 <0.20 <0.1 0 <0.0020 11512010 Lab ID 0001

Analyst ktrout ktrout ktrout ktrout kkout ktrout ktrout ktrout

Collected:

Concentmtion <0.080 1.1 <0.040 <0.1 0 <0.10 1t5t2010

Reporting Limit [Jnils 0.080 mg/L 1.0 mgiL 0.040 mg/L 0.10 mg/L 0.10 mg/L AnulJ)st ktrout ktrout ktrout ktrout ktrout ktrout ktrout ktrout

Analyst khout ktrout ktrout ktrout ktrout

Samples

analyzed

by EMSL

Analytical,

Inc. Westmont

3 Cooper

St., Westmont

NJEMSL Analytical,

Inc. 3 Cooper

$t., Westmont,

NJ 08108
Phone: {856}

858-4800 8584571 Email:

Attn: David Hempy Sphere One, Inc. 601 Gumberland,

Bldg 32 Ghaftanooga,

TN 37404
Fax: (423)

698-0614 Phone: (423) 629-7160 Project: Raw Material Leach Testing

Client S amp le Des e ripion 

### Test Report Customer

lD: Customer

PO: Received: EMSL Order:

EMSL Proj: SPHE62

15102 01lO7l1O 9:43 AM 01 1 000075

Reporting Limit Units 0.20 mg/L 0.10 mg/L 0.0020 mg/L 131 1/6010B 131 1/6010B 1311n470A.
Client Sample Description

P 1311/60108 131 1/60108 1 311/601 0B 131 1/60108 131 1/6010B 131 1/60108 1 311/601 oB 1311t74704 Parameter Selenium Silver Mercury

Parumeter Arsenic Barium Cadmium Chromium Lead Selenium Silver Mercury 1t5t2010
Reporting Limit Units 0.080 mg/L 1.0 mg/L 0.040 mg/L 0.10 mg/L 0.10 mg/L 0.20 mg/L 0.10 mg/L 0.0020 mg/L LabID: 0004

Analysis Date 1t8t2010 1t8t2010 1t8t2010 1t8t2010 1t812010 1t8t2010 1t8t2o1o 1t8t2010 CoAeded:

Concentration <0.20 <0.1 0 <o,oo2o

Collected:

Concentrution <0.080 2.4 <0.040 <0.1 0 <0.1 0 <0.20 <0.10 <0.0020 11512010 Lab ID: 0003
Analysis Date 1t8t2010 1t8t2010 1iv2o1o Analyst

ktrout ktrout ktrout

Analyst ktrout ktrout ktrout ktrout ktrout ktrout ktrout ktrout

Samples

analyzedby EMSL Analytical, Inc. Westmont 3 Cooper St., Westmont NJFM$L-Analytital, Inc. 3 Csoper $t., Westmont, I'lJ 08108 phone: {856}

85S-4800 Fax: {85S} 858-4571

Attn: David Hempy Sphere One, Inc. 601 Gumberland,

Bldg 32 Chattanooga, TN 37404
Fax (423)

698-0614

C lient S amp le Description Customer lD: SPHE62 Customer

PO: Received: 03/31/10 9:20 AM EMSL Order: 011001294

1 1/6010B 131 1/6010B 

### roi'ii66roe P 1311/60108 131 1/60108 1 311 /601 0B 131 1/60108 131117470l. Collected:

Concentration <0.080 <1.0 <0.040 <0.1 0 <0,,10 <0.20 <0.'lo <0.0020 Reporting

Limit o.o8o 1.0 0.040 0.10 0:10 0.20 0.10 0.0020 Phone: (423) 629-7160

Parameter Arsenic Barium Cadmium Chromium Lead Selenium Silver Mercury 

### Analytical Results
312912010 LabID: 0001

Units mg/L mg/L mg/L mg/L rnglL mg/L mg/L mg/L Analysis

Date Analyst 4/O|2O1O

rferrer 41612010

rferrer 4t t2O1O rfener 41612010

rferrer 4161201Q

rferrer 41612010

rferrer 4l6t2}trt:A rferrer 41612010

jhess

.19.0 Printed:

4l8l2O1O

11:13:46

AM Page 2 of 2