The Western Region Ash
Group (WRAG) is an association of more than thirty utility companies,
coal combustion by-products (CCBs) marketers, universities and
public agencies that share a common interest in promoting utilization/recycling
of CCBs within the western United States in applications that
are technically proven, environmentally and socially beneficial
and commercially viable (See attached membership list).
On March 31, the Agency issued the
"Report to Congress on Wastes from the Combustion of Fossil
Fuels." In this report, the Agency has tentatively concluded
that that the disposal of coal-fired utility comanaged wastes
should remain exempt from RCRA Subtitle C. The WRAG would like
to affirm the majority of conclusions in the Agency's report
and fully supports the Agency's position that continued use
of site and region specific approaches by states is more appropriate
for addressing the limited health and environmental risks that
may be associated with the wastes. It has been WRAG's experience
that state, county and municipal agencies are fully cognizant
of the use of CCBs and provide appropriate oversight of these
activities. As each county or municipality has land use regulations
or ordinances, these local agencies are best equipped to determine
the impact non-hazardous waste activities have on their areas.
Coals across the United
States differ widely in their composition and even within a given
state, there can be significant variations. Likewise, there are
many different types of boilers, equipped with a variety of combustion
devices and pollution control equipment. Additionally climate,
geology and hydrology may each affect the land application of
CCBs differently.
Our members believe there
are no universally poor applications for CCBs nor are there any
universally acceptable applications either. In case by case evaluations,
supported by technical data and environmentally sound management,
CCBs can be applied in many uses which are benign to the environment.
WRAG members have repeatedly found that when local conditions
(soil type, hydrology, climate, boiler design, and pollution control
equipment) are evaluated, it is possible to use CCBs very successfully.
WRAG members have identified
many beneficial uses of CCBs in agricultural applications, such
as use as soil amendments, use in feedlot operations, as an element
of compost and as a fertilizer on certain crops. Other members
have found that CCBs can be used safely in lieu of virgin materials
in mine backfill, as grout in mine injection projects and to remediate
acid mine drainage situations. These applications reduce the need
for new landfill space and permit recycling of a material that
substitutes successfully for other materials.
The WRAG would urge the
Agency not to implement federal regulations under Subtitle C for
agricultural or minefill applications of CCBs and believes that
current local oversight adequately addresses the issues raised
by the Agency. WRAG members are participating in ongoing research
and monitoring of many CCB uses, including agricultural and minefill
applications. When determined appropriate and approved by state
and local agencies, these applications should be permitted to
continue.
The WRAG would be pleased
to provide additional technical data on specific applications
as needed by the Agency. A large amount of technical data is available
and supports the WRAG position stated in this letter. Should you
desire this data or have further questions, please do not hesitate
to contact the WRAG at the address noted. If you prefer, you can
contact either of us directly at the numbers noted.
Sincerely,
David Goss
Co-Chair, Western Region Ash Group
(dgoss@psco.com)
