APPA New Generation Meeting Waste Issues and Gasification: What Don’t We Know? Judith A. George, Counsel for USWAG June 28, 2006

What is USWAG? An informal consortium of approximately – - 80 utility operating companies; - the American Public Power Association (APPA); - the Edison Electric Institute (EEI); - the National Rural Electric Cooperative Association (NRECA); and - the American Gas Association (AGA) Responsible for addressing solid and hazardous waste issues on behalf of the utility industry

USWAG’s New Waste Activities How are USWAG members addressing the regulatory status of new high volume wastes generated as a result of new air emission controls (e.g., mercury removal) or new combustion technologies (e.g., gasification)?

USWAG New Waste Task Force The New Waste Task Force Established by the USWAG Ash Management & Solid Waste Committee in February 2006 to identify new wastes likely to be generated as a result of emerging emission control technologies and to determine the probable technical characteristics and the regulatory status under RCRA Chaired by Paul Pike of Ameren: Participants: Six USWAG members, Ken Ladwig of EPRI, and two USWAG counsel (Bill Weissman and Judith George of DLA Piper)

Goals Select new waste streams that members are interested in studying. Engage the Electric Power Research Institute (EPRI) to provide technical information about the new waste streams. Analyze the probable regulatory status of each new waste stream.

EPRI’s Tasks Identify the name of the waste to ensure consistent nomenclature. Describe how the waste is generated. Prepare a block diagram of the process. Include a laundry list of each waste’s constituents. USWAG New Waste Task Force

Regulatory Analysis Upon completion of EPRI’s work product, DLA Piper will prepare a regulatory analysis for each waste stream, including evaluating whether the waste qualifies for the Bevill exclusion (RCRA § 3001(b)(3)) (e.g., fossil fuel combustion waste or mineral processing waste). If desired by Task Force members, DLA Piper may be asked to identify waste streams that have the greatest potential for another EPA Bevill study and regulatory determination. See 65 Fed. Reg , (May 22, 2000) (“We will reevaluate risk posed by managing coal combustion solid wastes if levels of mercury or other hazardous constituents change due to any future Clean Air Act air pollution control requirements for coal burning utilities”). USWAG New Waste Task Force

Current Task Force Activities Review recently circulated draft list of new waste streams and select priority waste streams. Seek member comment on draft Issue Paper, Regulatory Status of Integrated Gasification Combined Cycle (“IGCC”) Waste Streams and publish for USWAG membership. USWAG New Waste Task Force

Interested? If you are interested in participating in the efforts of USWAG’s New Waste Task Force and – - If you already are a USWAG member, please contact Paul Pike, the New Waste Task Force Chairman or ). - If you are not yet a USWAG member, please consider joining us. For more information on membership, please contact: Jim Roewer, USWAG Executive Director or ).

USWAG membership includes: - Federal Advocacy on Solid/Hazardous Waste Issues, RCRA, TSCA, and HMTA - Regulatory Tracking, Analysis, Interpretation - Regulatory Compliance Assistance - Individual Member Counseling - Access to the USWAG Members-Only Web Site, which includes a searchable Archive of USWAG mailings and Issue Papers on over 80 solid and hazardous waste subject areas

For more information, please contact: Bill Weissman or Judith George DLA Piper Rudnick Gray Cary US LLP WASH _2.PPT