Surveys, Proposed Mining Regulations and other things… Presented to ARIPPA on April 24, 2007 by Dave Goss, Executive Director American Coal Ash Association

CCP Production More than 122 million tons of coal combustion products (CCPs) were produced in 2005 Approximately 40% of these CCPs were used beneficially; goal to grow to 50% by 2010 Expecting to see significant growth in FGD tonnage in next decade

CCP Production v. Beneficial Use

Utilization Increased Incrementally Fly Ash40.95%39.7% Bottom Ash42.85%47.4% FGD Gypsum77.4%65.7% FGDDry 11.15% 9.7% Boiler Slag96.6%89.6% FBC Ash69.13%54.6%

Why Do Surveys? First ACAA survey was in 1968 Helps our industry identify trends and opportunities Increased awareness of need for “greening” the utility sector It is a successful “recycling” story US EPA and others are promoting beneficial use

Coal Combustion Products Partnership – C 2 P 2 Joint government-industry initiative sponsored by EPA, DOE, USDA, FHWA, ACAA and USWAG - more than 140 members Help reduce barriers through outreach and educational awareness such as in workshops and publications Part of Resource Conservation Challenge

C 2 P 2 - Continued No cost to participate and no specific commitments Excellent opportunity for positive recognition Case studies available to everyone Awards for outstanding contributions to ash utilization

ARIPPA’s Role Your numbers have never been captured by ACAA before Operational data is needed Supported by Region 3, the Office of Solid Waste is considering adding more emphasis on mine reclamation under C 2 P 2 Was our survey request reasonable and easy to complete?

CCP Survey Form

Proposed OSM Regulations 1999 Report to Congress (RTC II) May 2000 Regulatory Determination No Hazardous Regulation for Co-managed CCPs Non-utility CCPs FBC Combustion Products Petcoke Combustion Products CCPs from Coburning

Bevill Background – cont. No regulation for CCPs when beneficially used EPA does “not wish to place any unnecessary barriers on beneficial use” Regulations to be developed under RCRA Subtitle D for CCPs disposed in landfills & impoundments Regulations to be developed under Subtitle D or SMCRA for CCPs used in mineplacement

OSM Proposed Rulemaking Proposed new guidance under SMCRA Comments due May 14, 2007 (extension?) Generally appear to be similar to currently accepted good management practices ACAA and others will be providing comments We are looking for feedback on what should be commented upon

Major Points CCRs characterized prior to “significant” placement Comprehensive site-specific characterization Minimize reactions with water Monitoring wells Site specific performance standards Significant disposal should be “treated as a significant alteration of the reclamation plan “ under SMCRA

Suggestions? What would ARIPPA like to see any commenter include in their response to this proposed rulemaking? Do you see any major changes to way you’ll conduct your operations in Pennsylvania. Are you planning to submit comments?

Conclusions We appreciate the chance to meet with you Thank you for participating in our survey this year Is there anything ACAA can do to support ARIPPA? World of Coal Ash – May 7-11, 2007

Thank You Dave Goss