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MessageID: <046E31A232FBBD4C80534730AC30DF7A0D26201900@MAILMBX03.MAIL.LA.GOV>

From: Donelson Caffery <Donelson.Caffery@LA.GOV>

Sent: 11/10/2010 11:14:45 AM

Subject: Comments on Proposed Rule - Disposal of Coal Combustion Residuals from Electric Utilities - Docket 

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

Dear Sir or Madam:

The Louisiana Department of Environmental Quality (LDEQ) is submitting the 

following comments on the Proposed Rule published on June 21, 2010. 

LDEQ supports the goal of establishing protective and enforceable 

management standards for Coal Combustion Residuals (CCRs). The December 

2008 TVA impoundment failure in Kingston, TN, and the other 26 damage 

cases documented in the Proposed Rule, highlight this need. We note that 

in many of these cases, unfortunately, there appears to have been a 

complete lack of engineering foresight or standards, such as in placing 

CCRs in abandoned gravel pits, with direct communication to groundwater.

Since 1983, LDEQ has had success in regulating CCRs under our state solid 

waste regulatory program. All CCR management units in Louisiana are 

already regulated and subject to groundwater monitoring requirements under 

this program. All existing Louisiana CCR impoundments were built with 

engineered, compacted clay liners. We believe that our requirements are 

protective of human health and the environment of our state.

For the most part, the standards for design and construction, groundwater 

monitoring, etc. in the proposed 40 CFR 257.Subpart D appear to follow a 

reasonable, commonsense approach toward preventing a reoccurrence of 

another Kingston incident. Specifically, the “D-prime” option would phase 

in the requirement for synthetic liners gradually, and would avoid the 

enormous, virtually immediate economic impact of a 5-year deadline. 

Again, we suggest that permitted impoundments, already built to 

engineering standards, should not be penalized by being put in the same 

category as gravel pits.

LDEQ does not see the need to regulate CCRs as a RCRA hazardous waste. 

There does not appear to be clear-cut evidence that these materials, which 

are already used very widely, pose a threat to human health or the 

environment. Tables 2 and 4 of the Proposed Rule, showing the results of 

TCLP and other leaching studies, appear to support the existing Bevill 

exclusion of 40 CFR 261.4(b)(4). Mercury, for example, is at very low 

levels in leachate from fly ash in the EPA results.

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Moreover, LDEQ believes that regulating CCRs as hazardous waste would have 

a substantial detrimental effect on beneficial reuse of these materials. 

CCRs presently have a broad acceptance and use in a number of sectors of 

the economy of our state. This option would also be extremely expensive 

for electric utilities, and rate-paying Louisiana citizens. We do not 

believe that simply using the term “special waste” under RCRA Subtitle C 

will alleviate these effects.

We look forward to continuing our partnership with EPA in developing 

protective and commonsense environmental rules. If you have any 

questions, please call Mr. Sam Phillips, Waste Permits Division 

Administrator, at (225) 219-3393.

Sincerely,

Don Caffery, P.E.

Engineer 6 DCL

Waste Permits Division

LA Department of Environmental Quality

(225) 219-3056

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