/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 Ave NW

MC 11014.

Washington,Dc 20460

RE: Attention Docket ID No. EPA-HQ-RCRA-2009-4640

Dear Adminisftator Jackson,

Sphere One, Inc. is the largest marketer of domestic cenospheres in the United States. Cenospheres are

collected from ash containment ponds, where they float to the surface due to their low density. Our

production facility is located in Chattanoogq TN and has been in 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 have continued 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

and the environment. A Subtitle C designation will negatively impact our business and our ability to

continue recycling this by-product.

Cenospheres do not warrant a Subtitle C designation based on scie,ntific testing. In the preamble to the

proposed rule, cenosphores aro defined as "lightrvoight, inert, hollow sphores comprisod largely of silica

and alumina glass''. Frankly, we and everyone we work with" agrees with this definition. Cenospheres

are inert. We test our material for leachate and nona of the heavy metals that have beff highlighted as a

concem leach at a detectable level. We are attaching our laiest leachab testing of soruces showing that

the only element that does leach out of cenospheres is bariunr, and that 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

sites produce, at most 3,000 tons 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 tobe 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 stigma created by a Subtitle C eliminates the supply of our raw matedals and elirninates the chance

of continued use or future consideration by our customers.
On the supply side, we have already been negatively impacted 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 them will not be renewed and we will permanently lose this supply. We have

ongoing conhact negotiations with anofier supplier. The following wording haq been added to the

potential contract *SUPPLIER and COMPANY unconditionally reserve the right to terminate shipment

and use of Cenospheres ftom the Plant by COMPANY without prior notice and to termirate this

contract before any expiration date, 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 has been added so thatthe contact can be cancelled ifthe Subtitle C ruling is implemented.

Numerous suppliers have indicated ttrat this 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 mmketing standpoint. Virtually

every customer that is aware of the pending ruling has expre.ssed their concems with a Subtitle C rule.

Many have said that they have already 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 due to

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 have expressed concem that they may be targeted by environmental groups as companies that use a

hazardous material in their products. Even with these concerns, some customers have give,n us

commerts that we can use. We have attached comments that we have been gven permission to use.

Some of the highligbts from 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 have to take this into account to determine if Extendospheres are indeed

a cost effective way to produce our producf'

o "If EPA ultimately determines to manage CCR under Subtitle C, potentially severe

resfiictions may be imposed on legitimate beneficial reuse scenarios, even though the

EPA has stated thar they fully intend to promote reuse. Various resfictive provisions of

the RCRA hazardous waste regulations, including the "dcrived from" and "mixture" rules

as well 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 able to understand why thcse products

would be considered o'"ofe" for beneficial re-use but would be deemed a "special" or

"hazaf,dous" wasts if disposed of."

"Furthermore, regulating CCR rmder Subtitle 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 additional costto manage these CCRmaterials

would be significantly higher undcr the 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 bclieve that managcmcnt of

CCR destined for disposal rmder Subtitle 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

due to the stigma associated with "hazardous wasteo'managsment and unclem application

of reuse exemptions."

"Our custom€rs and consumers that have puchased otlr products orrer the last 10 y€ars

will now qucstion why these product contain a "rylecial wasts" mderial. They will
struggle to understand the legal nrumces of why this "special waste" is different from

other hazardous material regulated under Subtitle C. We believe attenpts to explain

these nuances will erode and possibly tamish the 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 material zuch as fly ash to detemrine if they will meet

our standards of performance. If the EPA were to regulate fly ash as a special waste

under Subtitle C, we would have serious concerns about commercializing products made

using fly as or even continuing research 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 deter us from using them in our products, and indeed we have

already been forced 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 impact their business. In one of their building products, they currently have silica sand as an

ingredient. He said that they regularly get calls from both buitders and home owneni 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 actual eorrsumers of these products. They show that the stigma is real, and it will

undoubtedly have a severe impact on our business.

The EPA has highlight€d several examples of how a hazardous waste designation has actually increased the

amormts of a waste strearn that are recycled. The feedback from our customers clearly show those examples are

not ap'plicable in the markets we serve. The results in 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 aluminum manufachning 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/o are recycled in cement

production. That is a direct comparison of what can happen in our markets with a hazadous designation.

Sphere One stongly urges the EPA to enact the Subtitle D Prime ruting. The engine€ring standards are the

same in both Subtitle C and D. Needed protections to hrmran bealth and the environment will be accomplished

without unnecssarily stigmatizing CCP's. Everyone acknowledges the huge benefi*, both enviromental and

economic, that are achieved in the recylcing of CCP's. Based on all current scientific data" cenospheres are

completely safe and in no way warrant a 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 have a devastating efu. We are the experts il this mmkel and every one of us disagrees with the

EPA's a.ssesment. Itwould be irresponsible for the EPA to ignore all the industry commenk and assume their

assmupions are correct. Subfitle D prime will ensure ftat CCP's are safely managed while continuing to

promote and expand theirbeneficial use.

Thank you for your consideration.

Sincerelv. ,-'V (_.\,.,// '/2+)?-< 

r/ ' u e

d"^i.sroffi

Op*utio* Manager- Sphere Ono,Inc.
il!&4$L Aramis*€!+*$, tr mm "

3 Cocper $f., Sl*st*re::t. friJ fiStrfifi

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 31 1/601 0B

131 1/6010B

1 31 1 /601 0B

LP 1311/6010B

1 31 1/601 0B

LP 1311/60108

LP 't3't1/60108

1311t7470A'

Client Sample Desoiption \JI

1 31 1/601 0B

P 1311/60108

1 31 1 /601 0B

1 31 1/601 0B

131 1/60108

1 31 1/601 0B

1 31 1/601 0B

1311t7470A.

Client Sample Description

1311/60108

131 1/60108

1 31 1/601 0B

1311/60108

1 31 1/601 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 NJ
EMSL 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 31 1/601 0B

131 1/60108

131 1/6010B

131 1/60108

1 31 1/601 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

Lab ID: 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 analyzed by EMSL Analytical, Inc. Westmont 3 Cooper St., Westmont NJ
FM$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 31 1 /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 Lab ID: 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

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