1. Agricultural Applications of FGD Materials Jim Roewer FGD Agricultural Use Workshop September 13, 2006

2. CCP Regulatory Background RCRA §8002(n) (42 U.S.C. §6982(n) Directs EPA to study “…adverse effects … of disposal and utilization of fly ash waste bottom ash waste, flue gas emission control waste and other byproduct materials generated primarily from the combustion of coal and othe rfossil fuels.”

3. CCP Regulatory Background RCRA §3001(b)(3)(C) (42 U.S.C. §6921(b)(3)(C)) The Administrator shall, after public hearings and opportunity for comment, either determine to promulgate regulations under this subtitle [subtitle C] … or determine that such regulations are unwarranted.

4. CCP Regulatory Background 1980 Bevill Amendment 1988 Report to Congress 1993 Regulatory Determination on “High Volume” Wastes 1999 Report to Congress on “Remaining Wastes” 2000 Regulatory Determination 2004 EPA CCP “Listening Sessions”

5. CCP Regulatory Background “High Volume Wastes” = fly ash, bottom ash, flue gas desulfurization materials (FGD) from coal combustion “Remaining Wastes” = oil and gas combustion wastes, and high volume wastes co-managed with low volume wastes. “Low Volume Wastes” = boiler cleaning wastes, boiler blowdown, demineralizer regenerant, etc.

6. CCP Regulatory Background 1988 Report to Congress (RTC I) 1993 Regulatory Determination (58 Fed. Reg. 42466) High Volume Wastes do not warrant regulation under RCRA Subtitle C EPA “encourages the utilization of coal combustion wastes”

7. CCP Regulatory Background 1999 Report to Congress (RTC II) – focus on remaining wastes May 2000 Regulatory Determination No Hazardous Regulation for CCPs No regulation for CCPs when beneficially used EPA does “not wish to place any unnecessary barriers on beneficial use”

8. CCP Regulatory Background Rulemaking Schedule: CCP Disposal May 2007 Proposal; Final Rule ~ May 2008 Mineplacement OSM - ANPR Fall 2007, Proposed Rule March 2007, Final Rule March 2008 EPA – NODA Fall 2007

9. Other Regulatory Issues: TSCA IUR TSCA Inventory Update Rule Requires Utilities to Report on Chemicals Intended to provide information on chemical exposure Information gathered to support risk reduction opportunities Manufacturers and importers of substances must report data every four years

10. TSCA IUR: Who, What, When? Any person that manufacturer or imports >25,000 pound of a TSCA-listed chemical Data reported on Form U Parts I & II (> 25,000 lbs) Part III for High Volume (>300,000 lbs) Once every four years 2002 was last IUR submission year 8/25 to 12/23/2006 is next submission period

11. TSCA IUR: CCP Reporting Fly Ash & Bottom Ash included in “Ashes, Residues (CAS No. 68131-74-8) FGD Material in “Slimes and Sludges, coal flue gas scrubber thickener underflow” (CAS No. 71808-58- 7); “Slimes …flue gas desulfurization, stabilized” (CAS No. 71302-93-7); “Slimes … flue gas desulfurization” (CAS No. 1302-92-6); “Waste solids, calcium sulfate ash sludges” (CAS No. 7069-48-1)

12. TSCA IUR: CCP Reporting Each facility (power plant) must report those CCPs >25,000 lbs. that are used or stored prior to use (on and off-site use) CCPs disposed of are not reported TSCA Form U, Parts I & II must be completed and submitted in 2006 for CCPs used in calendar year 2005 Part III not required in 2006 for inorganic substances (will be for next reporting period)

13. TSCA IUR: CCP Reporting Is FGD Material Used in Agricultural Applications Subject to IUR Reporting? Yes, Unless Used to Enrich Soil Potential Applications Nutrient Addition Mitigation of Acid and Sodic Soils Additive to Fertilizer & Composting Materials

14. FGD Regulatory Status Summary Federal Status as Non-hazardous Waste FGD Utilization Subject to TSCA IUR FDG Generation Expected to Increase Utilization Must Increase to Match Increased Use in Wallboard Manufacture Increased Use in Agricultural Applications Or, Additional/Expanded Disposal Will be Necessary

15. Questions? Jim Roewer 202/508-5645 jim.roewer@uswag.org