1

Helms, Greg

From: Green, Joseph J. <JGreen@KelleyDrye.com>

Sent: Tuesday, September 01, 2015 3:48 PM

To: Helms, Greg

Cc: Wittenborn, John; Youngblood, Charlotte

Subject: RE: RCRA Corrosivity Characteristic -- Submission of Information

Thanks very much. We appreciate the response. 

Joe 

Joseph Green

Kelley Drye & Warren LLP

(202) 342‐8849 | jgreen@kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov]  

Sent: Tuesday, September 01, 2015 3:47 PM

To: Green, Joseph J. <JGreen@KelleyDrye.com>

Cc: Wittenborn, John <JWittenborn@KelleyDrye.com>; Youngblood, Charlotte <Youngblood.Charlotte@epa.gov>

Subject: RE: RCRA Corrosivity Characteristic ‐‐ Submission of Information

Mr. Green‐ 

We will be able to fully consider any information you provide during September, and will consider information provided

later to the degree we are able.  With that said, we try to consider all information regardless of when it is submitted.  As

we near our target date for publication we would need to make judgments about the importance of any new

information in relation to the planned notice.

In any event, this will be a proposed or tentative action, per 40 CFR 260.20, and you will have an additional opportunity

to comment on the Federal Register notice we publish.

I hope this is helpful.

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P
2

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Green, Joseph J. [mailto:JGreen@KelleyDrye.com]  

Sent: Tuesday, September 01, 2015 3:30 PM

To: Helms, Greg

Cc: Wittenborn, John

Subject: RCRA Corrosivity Characteristic ‐‐ Submission of Information

Dear Mr. Helms – 

Thanks again for meeting with us in June to discuss the pending petition to revise the RCRA Corrosivity 

characteristic. As we discussed, it is our intention to submit information from a variety of potentially affected 

industries. Our aim was to provide our submission by the end of August, however, summer vacations and the 

difficulties of coordinating among 16 trade associations have delayed our schedule. We are now aiming to 

make our submission by September 18th. 

Please let us know if you have any questions or if it is particularly urgent that we provide the information 

sooner. 

Thanks for your consideration, 

Joe 

Joseph Green

Kelley Drye & Warren LLP

(202) 342‐8849 | jgreen@kelleydrye.com

Counsel to the RCRA Corrosivity Coalition

From: Green, Joseph J.  

Sent: Friday, June 12, 2015 12:11 PM

To: 'Helms, Greg' <Helms.Greg@epa.gov>; Wittenborn, John <JWittenborn@KelleyDrye.com>

Subject: RCRA Corrosivity Characteristic ‐‐ for meeting Wednesday, June 17 at 11 a.m.

Dear Mr. Helms – 
3

In preparation for next week’s meeting, we put together the following list of questions that we thought might be 

useful to inform the discussion: 

(1) What information would be helpful to the Agency in formulating its decision on the petition? When 

would EPA like to receive that information? 

(2) Is EPA aware of any information related to injuries or other adverse effects from waste materials 

with pH under 12.5, other than the allegations contained in the petition? Any government or academic 

epidemiology studies? 

(3) Has EPA assessed the quantity of waste materials that would be brought into the RCRA hazardous 

waste regulatory system if the petitioners request is granted? Any assessment of the economic impact 

and management burdens such a decision would pose? 

(4) Have the States expressed concern about the Corrosivity Characteristic? Do any states take a 

different approach in assessing corrosivity of waste? 

(5) We understand that a test method for solids was under consideration by EPA in the 1990s but never 

adopted. Why? Is the Agency aware of another potential test method appropriate for solids? 

(6) How does EPA view its authority to establish a threshold for determining what materials qualify as 

hazardous waste? What standard does EPA use to determine if pH 12.5 or pH 11.5 is the appropriate 

threshold? 

(7) What was the basis for EPA’s 1996 decision as part of the Scoping Study not to amend the RCRA 

Corrosivity Characteristic? 

(8) What is the Agency’s schedule for formulating a response to the petition by March 2016? 

The following people plan on participating in the meeting: 

John Wittenborn, Kelley Drye & Warren, coordinator of stakeholder interest group, also representing Leather 

Industries of America 

Joe Green, Kelley Drye & Warren, co-coordinator of stakeholder interest group, also representing Specialty 

Steel Industry of North America 

Amy Schaffer, American Forest & Paper Association 

Brendan Mascarenhas, American Chemistry Council 

Tom Herman, Portland Cement Association 

Colin Carroll, American Iron and Steel Institute 

Tawny Bridgeford, National Mining Association 

Jeff Gunnulfsen, American Fuel and Petrochemical Manufacturers 

John Arnett, Copper & Brass Fabricators Council 

Dan Moss, Society of Chemical Manufacturers and Affiliates 

Jamie Conrad, for Society of Chemical Manufacturers and Affiliates 

Ali Alavi, Horsehead Corporation 

Eric Stuart, Steel Manufacturers Association 

Karen Kiggins, National Slag Association 

In addition, several stakeholders have asked if a call-in number can be arranged. Let me know if that is 

possible. 

Thanks for arranging the meeting. We appreciate the opportunity. 

Regards, 

Joe 
4

________________ 

Joseph J. Green | Kelley Drye & Warren LLP 

Washington Harbour, Suite 400 

3050 K Street, NW, Washington, DC 20007-5108 

202.342.8849 | jgreen@kelleydrye.com

www.kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov] 

Sent: Thursday, June 11, 2015 4:57 PM 

To: Green, Joseph J.; Wittenborn, John 

Subject: RE: Corrosivity Characteristic 

Thanks for your flexibility.

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Green, Joseph J. [mailto:JGreen@KelleyDrye.com]  

Sent: Thursday, June 11, 2015 3:47 PM

To: Helms, Greg; Wittenborn, John

Subject: Re: Corrosivity Characteristic
5

Mr. Helms‐ Thanks for your message. The new meeting time should work fine for us. Tomorrow I will send you a list of

the stakeholders we anticipate joining us on Wednesday. We have about a dozen so far (and will cap the number at 15).

There is quite a bit of interest.

Thanks and best regards,

Joe

 

From: Helms, Greg [mailto:Helms.Greg@epa.gov] 

Sent: Thursday, June 11, 2015 03:39 PM 

To: Wittenborn, John 

Cc: Green, Joseph J. 

Subject: RE: Corrosivity Characteristic 

 

Mr. Wittenborn‐ 

I apologize, but need to ask that we delay our Wednesday meeting for one hour, so that it would run from 11:00 am

until 12:30 pm.   

I hope this is not too inconvenient for you and your group.  If you have a real scheduling problem with this change please

let me know so we can work out an arrangement that accommodates your schedule.

Thank‐you.   

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm
6

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [mailto:JWittenborn@KelleyDrye.com]  

Sent: Monday, June 01, 2015 1:03 PM

To: Helms, Greg

Cc: Green, Joseph J.

Subject: RE: Corrosivity Characteristic

Hi Mr. Helms, 

Thanks for confirming. I will send a list of attendees from industry after our meeting next Monday, June 8, and 

I will make sure we keep our group to a manageable number. We will also send a list of some questions that 

could help guide the discussion. 

See you on the 17th. 

Regards, 

John 

John Wittenborn

Kelley Drye & Warren LLP

(202) 342‐8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov] 

Sent: Monday, June 01, 2015 12:58 PM 

To: Wittenborn, John 

Subject: FW: Corrosivity Characteristic 

Mr. Wittenborn‐ 

I just got the last confirmation I needed.

The meeting is set for Wednesday, June 17, at 10:00 am, at EPA’s Crystal City Offices.

Please let me know if you have any questions leading up to the meeting.  You will need to arrive about 15 minutes early

to sign in to the building.  Please call me from the guards desk in the lobby when you arrive at 703‐308‐8845 and I will

come down to help you sign in and escort you to the meeting room.  Also, there is a considerable amount of

construction activity on our block, and you cannot easily get from one tower to the other on the street.  Again, we are in

the north tower.   

Also, it would be helpful to have a list of likely participants from your side.  The meeting room I reserved will

accommodate about 20 people.  There will be 3 or 4 attending from EPA.
7

Thank you.

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Helms, Greg  

Sent: Monday, June 01, 2015 11:16 AM

To: 'Wittenborn, John'

Subject: RE: Corrosivity Characteristic

Mr. Wittenborn‐ 

I have tentatively scheduled the meeting for the morning of June 17, at 10:00 ‐11:30 am, in our offices at the Crystal City

address below.  We will meet in Room 6100 of the North Tower.

I need one more confirmation from EPA attendees before I can finalize this time and place.

Thanks.  

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response
8

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [mailto:JWittenborn@KelleyDrye.com]  

Sent: Thursday, May 28, 2015 8:37 AM

To: Helms, Greg

Subject: RE: Corrosivity Characteristic

Hello Mr. Helms: 

Just checking in to see if we are still looking at dates in June? If so, I would like to invite some other DC trade 

associations to participate. 

Thanks, 

John Wittenborn

Kelley Drye & Warren LLP

(202) 342‐8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov] 

Sent: Friday, May 22, 2015 12:05 PM 

To: Wittenborn, John 

Cc: Fitz-James, Schatzi; Youngblood, Charlotte; Devlin, Betsy 

Subject: RE: Corrosivity Characteristic 
9

Thank you.  I will check dates with my colleagues on Tuesday.

Also, I assumed that you have a copy of the petition.  If not, I can provide you with one, or I believe it is available on the

PEER website.

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [mailto:JWittenborn@KelleyDrye.com]  

Sent: Friday, May 22, 2015 11:22 AM

To: Helms, Greg

Cc: Fitz‐James, Schatzi; Youngblood, Charlotte; Devlin, Betsy

Subject: RE: Corrosivity Characteristic

Mr. Helms, 

Thanks for your response. We did not expect that EPA would be in a position to say much about the petition at 

this point. We reached out primarily to open a dialog. We would be happy to talk about the concerns we have 

with the petition and its potential impacts and find out what additional information or assistance EPA might 

need from us as it formulates its response. At this point, we are also just beginning to evaluate and quantify the 

potential impacts. We certainly do intend to submit our information and data in writing. 
10

As for timing for the meeting, I will be on vacation the week of June 22, but have several days open the week 

before. Those days include June 17, 18, or 19. Hopefully, one of those days will work for you and your 

colleagues. 

Thanks again. 

John 

John Wittenborn

Kelley Drye & Warren LLP

(202) 342‐8514 | jwittenborn@kelleydrye.com

From: Helms, Greg [mailto:Helms.Greg@epa.gov] 

Sent: Friday, May 22, 2015 11:12 AM 

To: Wittenborn, John 

Cc: Fitz-James, Schatzi; Youngblood, Charlotte; Devlin, Betsy 

Subject: RE: Corrosivity Characteristic 

Mr. Wittenborn‐ 

As we are still evaluating the corrosivity petition, there is little of substance I can say about it.  However, I am quite

willing to meet with you to hear your views and better understand your concerns about the petition.   I would be

available some time during the weeks of June 15 or 22, although I will need to coordinate with the calendars of

colleagues who may wish to attend.

Procedurally, the Agency will respond to the petition in accord with the provisions of 40 CFR 260.20.  At this point the

Agency has not determined which of the options for response to such petitions we will rely on.   

In addition to any meeting or conversations we may have on this topic, I urge you to provide your views and any

supporting information you believe may be relevant in writing, so that we have a clear statement your views.  Please

address any such materials to the ORCR Office Director:

Barnes Johnson, Director

Office of Resource Conservation and Recovery

U. S. EPA

1200 Pennsylvania Ave. NW

Mail code 5304P

Washington, D. C., 20460  

Please let me know whether some time during the two weeks I identified will work for you.  If not, we can look at other

times.

________________________________ 

Gregory Helms

U.S. EPA

Waste Characterization Branch

Office of Solid Waste and Emergency Response

phone:  703‐308‐8845

fax:  703‐308‐0514
11

helms.greg@epa.gov

Address for regular/USPS mail:

1200 Pennsylvania Ave. NW

Mail Code 5304P

Washington, DC  20460

Address for overnight/hand delivery mail:

Two Potomac Yard

2733 S. Crystal Dr.

5th Floor; N‐5611

Arlington, VA  22202  

See OSWER's new LEAF leach test methods at:

http://epa.gov/wastes/hazard/testmethods/sw846/new_meth.htm

For an overview of hazardous waste regulation see the RCRA Orientation Manual,

at:  www.epa.gov/epawaste/inforesources/pubs/orientat/

From: Wittenborn, John [mailto:JWittenborn@KelleyDrye.com]  

Sent: Wednesday, May 20, 2015 3:31 PM

To: Helms, Greg

Subject: Corrosivity Characteristic

Hello Mr. Helms: 

Our firm represents the Steel Manufacturers Association and Specialty Steel Industry of North America. The 

members of these associations manufacture steel from scrap in electric arc furnaces (EAF). One of the byproducts of the production of steel is slag. Slag is processed and sold as an aggregate product for use in road 

construction and similar uses. Some forms of slag may have pH levels that exceed 11.5. 

We are aware that EPA has entered into a Stipulation under which it has agreed to take action on a citizen’s 

petition filed by Public Employees for Environmental Responsibility (PEER). The petition seeks to force EPA 

to revise the RCRA corrosivity characteristic by lowering the upper pH limit from 12.5 to 11.5, and by 

removing the “aqueous” designation. Such a regulatory change would have a significant adverse impact on 

the steel industry. 

We work closely with several other trade associations whose members also produce wastes or by-products that 

would be impacted by the change requested by PEER. All of us are interested to learn more about the process 

that EPA intends to follow as it responds to the court order and we would like to determine whether or how we 

can participate in that process to make our concerns understood. 

If appropriate, I would like to invite you to a meeting here at our firm to discuss the petition and EPA’s 

response, or at least the process that EPA will follow in developing its response. We would also invite 
12

representatives of several associations to attend to minimize the inconvenience for you. If it is more 

convenient, we would be happy to come visit your office for the discussion. 

Please let me know if my request is appropriate, and if so, some dates when you would be available for a 

meeting. 

Thank you. 

Regards, 

John 

John Wittenborn

Kelley Drye & Warren LLP

Washington Harbour, Suite 400

3050 K Street, NW, Washington, DC 20007

o: (202) 342‐8514 | m: (703) 328‐0898

jwittenborn@kelleydrye.com

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The information contained in this E-mail message is privileged, confidential, and may be protected 
13

from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of 

this communication may be subject to legal restriction or sanction. If you think that you have received 

this E-mail message in error, please reply to the sender. 

This E-mail message and any attachments have been scanned for viruses and are believed to be free 

of any virus or other defect that might affect any computer system into which it is received and 

opened. However, it is the responsibility of the recipient to ensure that it is virus free and no 

responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way 

from its use. 

The information contained in this E-mail message is privileged, confidential, and may be protected 

from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of 

this communication may be subject to legal restriction or sanction. If you think that you have received 

this E-mail message in error, please reply to the sender. 

This E-mail message and any attachments have been scanned for viruses and are believed to be free 

of any virus or other defect that might affect any computer system into which it is received and 

opened. However, it is the responsibility of the recipient to ensure that it is virus free and no 

responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way 

from its use. 

The information contained in this E-mail message is privileged, confidential, and may be protected 

from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of 

this communication may be subject to legal restriction or sanction. If you think that you have received 

this E-mail message in error, please reply to the sender. 

This E-mail message and any attachments have been scanned for viruses and are believed to be free 

of any virus or other defect that might affect any computer system into which it is received and 

opened. However, it is the responsibility of the recipient to ensure that it is virus free and no 

responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way 

from its use. 

The information contained in this E-mail message is privileged, confidential, and may be protected 

from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of 

this communication may be subject to legal restriction or sanction. If you think that you have received 

this E-mail message in error, please reply to the sender. 

This E-mail message and any attachments have been scanned for viruses and are believed to be free 

of any virus or other defect that might affect any computer system into which it is received and 

opened. However, it is the responsibility of the recipient to ensure that it is virus free and no 

responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way 

from its use. 

The information contained in this E-mail message is privileged, confidential, and may be protected 

from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of 

this communication may be subject to legal restriction or sanction. If you think that you have received 

this E-mail message in error, please reply to the sender. 
14

This E-mail message and any attachments have been scanned for viruses and are believed to be free 

of any virus or other defect that might affect any computer system into which it is received and 

opened. However, it is the responsibility of the recipient to ensure that it is virus free and no 

responsibility is accepted by Kelley Drye & Warren LLP for any loss or damage arising in any way 

from its use.