# 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 ofProposed Rulemaking for the Identification and Listing ofSpecial Wastes: Disposal ofCoal Combustion Residuals from Electric Utilities 75 Fed. Reg. 35128 (June 21, 2010)) 

### DocketNo. EPA-HQ-RCRA-2009-0640

Dear Mr. Souders:
Indianapolis Power & Light Company hereby requests a 120-day extension to the commentperiod on EPA's Proposed Rulemaking for the "Identification and Listing of Special Wastes: Disposal ofCoal 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 ofwhich involve multifaceted policy, legal, and technical issues, including (1) EPA's proposed reversal ofits 2000 Final Regulatory Determination for coal combustionresiduals ("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 ofpossible regulatory controls for the beneficial use ofCCRs. In addition, EPA seeks comment on a voluminous and complex regulatory impact analysis ("RIA"), as well as on a myriad ofadditional 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, orUse." Indianapolis Power & Light Company respectfully suggests that a 90-day commentperiod is not adequate to allow members ofthe public to respond to the literally hundreds ofdetailedpolicy, 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 ON Ir ropal. IJ '"['J't- 01

### making processes "are transparent and encourage the greatest degree ofpublic participation." 73 Fed. Reg. at 35133. Given the breadth ofoptionspresented inthe proposal and the detailed issues associated with each option, a fInal rule based on the greatest degree ofpublic participation and sound science will require more time for the public to evaluate and properly respondto the co-proposal. For example, inresponding to the RIA alone, itwill be necessary to develop technical economic reports evaluating the cost impacts ofthe various regulatory scenarios, including some costimpacts that EPA readily acknowledges are not included in the current RIA 

### (i. 

### e., compliance costs underthe Subtitle C option for CCRmanagementunits locatedupstream ofCCR disposal units). In addition, the collection, compilation and analysis ofmarket data onthe adverse impacts to CCRbenefIcial use that would result under the Subtitle C optionwill take more than the 90 days currently allowed for underthe proposal.

It

### is imperative that EPA allow adequate time for the public to fully analyze, understand and respondto this multifacetedproposal whichhas enormous environmental, energy, andpolicy 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 commentperiod onthe co-proposal by an additional 120 days to provide the public with adequate time to respond.

Thankyou for your consideration ofour request..

Dwayne Burke Director, Environmental Affairs Indianapolis Power & 

### Light Company

cc: RobertDellinger, EPA; dellinger.robert@epa.gov Betsy Devlin, EPA; devlin.betsy@epa.gov

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