May 22, 2009

Honorable Lisa Jackson

EPA Administrator USEPA Headquarters Ariel Rios Building 1200 Pennsylvania Ave., NW

Mail Code 1101A Washington, D.C. 20460

Dear Administrator Jackson:

We are the owners and managers of Beneficia l Reuse Management, a firm organized more than 10 years ago to develop environm entally friendly programs for reuse of industrial byproducts that would be economica lly practical and attractive to industry. A meaningful portion of our activity involves utilizing byproducts from coal combustion as geotechnical construction material in building proj ects. As a result, we are vitally interested in your current deliberations regarding the fu ture regulation of coal ash for disposal and

reuse.

We initially built our business in the St ate of Wisconsin, whose introduction of comprehensive regulations on industrial byproduct reuse in 1999 created the opportunity that led to the creation of our company. As we have expanded to other States, we have utilized the high standards incorporated in Wisconsin’s NR 538 reuse regulations as the template for all our projects, even in jurisdic tions where our activiti es are more or less unregulated. We have successfully implemented more than 200 projects since our founding, adhering to our guiding principal that protection of the natural environment and

human health was our first and mo st important priority.

We strongly believe that the benefits achiev able from properly engineered and constructed beneficial reuse projects utilizing of coal combustion byproducts as geotechnical

construction material are substantial and we ll proven. Such reuse conserves natural resources, reduces CO2 emissions, str engthens local economies, saves money and preserves landfill space. We also believe that these benefits can be gained without harming the environment through a thoughtfully constructed and impl emented regulatory

framework.

Beneficial Reuse Management, LLC. • 212 West Superior Street • Suite 402 • Chicago, IL 60654

Phone: 312-784-0300 • Fax: 312-784-0310 • www.beneficialreuse.comWe are consulting with some of our peer companies, our utility cust omers and with several environmental groups close to these issues . For these discussion s, we have prepared a draft regulatory and environmental framework for use of coal combustion byproducts as geotechnical construction materials, a copy of which is attached. We believe this proposal, refined through discussions with all parties and then applied on a national level, could go a long way toward preserving the substantial benefits of beneficial reuse while protecting the environment. We are hopeful that the United States Environmental Protection Agency (USEPA) will consider this proposal in its rulemaking process on coal combustion byproducts and we offer our expe rience and expertise in this ar ea to you wherever it might be helpful.

We respectfully request a meeting with you to provide additiona l clarification and

information.

Sincerely,

BENEFICIAL REUSE MANGEMENT

David B. Schuurman, Chairman Robert C. Spoerri, CEO

Cc: Matt Hale, USEPA John Sager, USEPA

Lisa Evans, Earth Justice Tom Fitzpatrick, Kentucky Resources Council Jeff Stant, Environmental Integrity Project Eric Schaeffer, Environm ental Integrity Project

Tom Adams, American Coal Ash Association

Beneficial Reuse Management, LLC. • 212 West Superior Street • Suite 402 • Chicago, IL 60654

Phone: 312-784-0300 • Fax: 312-784-0310 • www.beneficialreuse.com