IL,~s ~~ny June 24, 2010

VIA ELECTRONIC SUBMISSION & U.S. MAIL

Mr. Steve Souders

Office ofResource Conservation and Recovery

Environmental Protection Agency

Mail Code: 5304P

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Email: souders.steve@epa.gov

Certified Article Number

7160 3901 9848 5615 2896

SENDERS RECORD

Re: Request for Extension ofComment Period

Notice of Proposed Rulemaking for the Identification and Listing of Special

Wastes: Disposal ofCoal Combustion Residuals from Electric Utilities

75 Fed. Reg. 35128 (June 21, 2010))

Docket No. EPA-HQ-RCRA-2009-0640

Dear Mr. Souders:

Indianapolis Power & Light Company hereby requests a 120-day extension to the

comment period on EPA's Proposed Rulemaking for the "Identification and Listing of

Special Wastes: Disposal of Coal Combustion Residuals from Electric Utilities." 75 Fed.

Reg. 35128 (June 21, 2010).

An extension is necessary because ofthe breadth and complexity ofthe proposal.

The proposal contains at least four major components, all of which involve multifaceted

policy, legal, and technical issues, including (1) EPA's proposed reversal ofits 2000 Final

Regulatory Determination for coal combustion residuals ("CCRs"), (2) detailed and highly

complex proposed Subtitle C regulations for CCRs, (3) detailed and equally complex

proposed Subtitle D regulations for CCRs, and (4) a range of possible regulatory controls

for the beneficial use of CCRs. In addition, EPA seeks comment on a voluminous and

complex regulatory impact analysis ("RIA"), as well as on a myriad of additional issues

including, EPA's compliance with the Regulatory Flexibility Act and EPA's proposed

fmdings under Executive Order 13211 for "Actions that Significantly Affect Energy

Supply, Distribution, or Use." Indianapolis Power & Light Company respectfully suggests

that a 90-day comment period is not adequate to allow members ofthe public to respond to

the literally hundreds of detailed policy, technical, legal, and other substantive issues raised

in this far-reaching co-proposal.

As EPA correctly acknowledges, the magnitude and significance ofthis rulemaking

initiative demand that any fmal rule be based on sound science and that EPA's decisionINDIANAPOLIS POWER t:b. LIGHT COMPANY

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making processes "are transparent and encourage the greatest degree of public

participation." 73 Fed. Reg. at 35133. Given the breadth of options presented in the

proposal and the detailed issues associated with each option, a fInal rule based on the

greatest degree of public participation and sound science will require more time for the

public to evaluate and properly respond to the co-proposal. For example, in responding to

the RIA alone, it will be necessary to develop technical economic reports evaluating the

cost impacts ofthe various regulatory scenarios, including some cost impacts that EPA

readily acknowledges are not included in the current RIA (i. e., compliance costs under the

Subtitle C option for CCR management units located upstream of CCR disposal units). In

addition, the collection, compilation and analysis ofmarket data on the adverse impacts to

CCR benefIcial use that would result under the Subtitle C option will take more than the 90

days currently allowed for under the proposal.

It is imperative that EPA allow adequate time for the public to fully analyze,

understand and respond to this multifaceted proposal which has enormous environmental,

energy, and policy implications. An extension is especially appropriate where, as here, the

Agency is not under any statutory or court-ordered deadline to complete this rulemaking

initiative by a specifIed date. Indianapolis Power & Light Company respectfully requests

that EPA extend the comment period on the co-proposal by an additional 120 days to

provide the public with adequate time to respond.

Thank you for your consideration of our request..

Dwayne Burke

Director, Environmental Affairs

Indianapolis Power & Light Company

cc: Robert Dellinger, EPA; dellinger.robert@epa.gov

Betsy Devlin, EPA; devlin.betsy@epa.gov

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