From: Bactow@aol.com [mailto:Bactow@aol.com]

Sent: Thursday, October 08, 2009 8:34 AM

To: Wastewise Subject: Coal Ash Comments

October 8, 2009

EPA Docket Center EPA Docket ID No. EPA-HQ-RCRA-2008-0329

Identification of Non-Hazardous Ma terials That Are Solid Waste Environmental Protection Agency

Mailcode: 2822T 1200 Pennsylvania Ave. NW Washington, DC 20460

Attention: EPA Docket ID No. EPA-HQ-RCRA-2008-0329

Dear Sir or Madam:

U.S. Harvest Energy and Technologies Corpora tion (U.S.) is pleased to provide these comments pertaining to the Advanced Noti ce of Proposed Rulemaking concerning the

Identification of Non-Hazardous Materials that are Solid Wast e that was published in the Federal Register on January 2, 2009.

Our Company (U.S.) intends process and ma rket CCPs in the United States and we support the management and use of coal combustion products – or CCPs (the preferred industry term which emphasizes value) in wa ys that are environmentally responsible, technically sound, commercially competitive and supportive of a more sustainable global community.

U.S. thanks the Agency for proposing to clarify which non-hazardous secondary

materials are not solid wastes under RCRA when su ch material is burned for fuel value or used as an ingredient in manufacturing pro cesses. Clarification is essential to this

nation where natural resources need to be more widely conserved and secondary materials from manufacturing processes can be substituted for these natural materials economically and protective of human health and the environment.

CCPs, which are created during the production of electricity in coal fueled power plants, consist of materials such as fly ash, botto m ash, boiler slag, flue gas desulfurization materials such as FGD (or synthetic) gypsum and spray dryer residue s, and cenospheres.

The total of all these materials is estimated to be greater than 130 million tons annually. Nearly 15 million tons of fly ash, for example, are used annually in the making of Portland cement concrete, helping o ffset nearly 15 million tons of CO 2 in the process and sparing landfill space. An additional five m illion tons or more of fly ash, bottom ash and boiler slag are used as ingredients in the manufacture of Portland cement. In the manufacture of Portland cement, there are a number of cement kilns that use or have used high carbon fly ash as a fuel (when the carbon fraction of the ash is higher thanpermitted to allow the use of the fly ash in concrete). This purpose is twofold. First, the constituents within the fly ash are similar to those required from natural materials (such as shale, marl or limestone) in that they contain fractions of silica, iron and aluminum needed in the kiln. Secondly, the high carbon content impart s energy through its combustion, reducing the need for so me portion of fuel for the kiln.

We also fully support those situations where an electric generating station is able to recover high-carbon content ash as a fuel source with coal. The carbon content of the ash is approximately 20-30%, thus redu cing the total fresh coal required.

The use of these alternative fuels reduces the energy required to extract and transport virgin resources, such as coal, potentially eliminating the need to add to or create new landfill space for these materials that might otherwise be disposed. The reduction in energy related to extraction and transportati on can have a measurable impact on reducing

CO 2 emissions as well. It is essential that th is nation conserve its natural resources and

make better use of industrial material s that can serve the same purposes.

There are several patented processes for removing unwanted carbon from fly ash that allow processed technically compliant fly ash to be used in concrete.

Benefits include:

Consistent enhanced pozzolan product rea dy mix producers desire. A carbon content of 1.0% or less has virtually no effect on entr ained air in concrete. A carbon content of approximately 3%, for example, has a dram atic effect on air entrained concrete.

The ash produced can be utilized as is for higher value applications because of its high quality and consistency. The ash can be fu rther processed for even higher value uses.

Some of these include uses for industrial fill ers in plastics, rubber, asphalt and specialty applications.

The carbon product produced has a pur ity of 90% or greater.

The byproduct carbon produced has a value base d on a number of market areas, including at the least, as a high BTU fuel. Current ma rket research indicates pure carbon can be used in traditional markets for pur ification as activated carbon.

High purity carbon has the potential to remove mercury and ot her heavy metals from gas streams at coal-fired plants. This carbon ma y also be used with iron oxide to treat disposal water from power plants and landf ills including discharge effluents containing arsenic, selenium, chromium and mercury, etc. We believe, current EPA standards of 10 ppb/L for arsenic and selenium are safe but the level of carbon in fly ash should be lowered from 6% to 3% for reasons stated and we appreciate this opportunity to provide comm ents on this advanced notice of proposed rulemaking. Should you have any comments or questions about this submittal, please contact me at: (443) 320-3123 or Bactow@aol.com . Thank you.Respectfully Submitted,

William L. Robinson, Jr.

Chairman & CEO U.S. Energy and Technologies Corporation 5900 Greenspring Avenue Baltimore, Maryland 21209-3920 (443) 320-3123 - Phone (410) 318-6452 - Fax