1. Coal Ash Use and Disposal Debra Pflughoeft-Hassett, Associate Gypsum Parameters 20 Fenton Avenue Grand Forks, North Dakota 58203 218-791-7729 dfphassett@live.com Advising Industry on Strategic Development of FGD Gypsum Resources

2. CCP Use and Disposal Background Fly AshBottom Ash FGD GypsumBoiler Slag

4. CCP Use and Disposal Background 2008 Statistics –136,073,107 short tons produced in the U.S. –60,593,660 short tons or 44.5 % were used –75,479,447 short tons or 55.5 % were disposed –Fly ash is the largest CCP stream produced in the U.S. –FGD materials include gypsum and other calcium- and sodium-based materials –Fluidized Bed Combustion ash is another type of CCP produced in the U.S.

5. CCP Use and Disposal Background

6. Primary CCP Use Applications Cement/concrete/grout Raw feed for cement clinker Flowable fill and structural fill Road base/subbase Mining applications Wallboard Mineral filler Waste stabilization/solidification Soil modification

7. Evolution of APC Equipment on pc Boilers Source: Institute of Clean Air Companies (ICAC)

8. Sorbent Injection DOE/NETL Funded Approaches for Controlling Mercury Baghouse or ESP Scrubber Boiler Coal Scrubber Enhancement/ Oxidation Combustion/ Chemistry Modification Polishing Technology ACI Amended silicates Halogenated AC Ca-based sorbents Chemically treated sorbents COHPAC/Toxecon Thief sorbents Coal cleaning Cl-based additives Combustion modifications Oxidation catalysts Reagent addition Ultraviolet radiation (GP-254) Electrocatalytic oxidation SCR oxidation MerCAP ECO/Wet ESP

9. 2000 Regulatory Determination (65 Fed. Reg. 32214) Remaining Wastes do not warrant hazardous waste regulations No federal regulation when used beneficially EPA does not wish to place any unnecessary barriers on beneficial use No damage cases from CCP utilization

10. 2000 Regulatory Determination (continued) No damage cases from mine placement SMCRA is expressly designed to address environmental risks associated with coal mines. (65 Fed. Reg. at 32217) EPA to develop national regulations under Subtitle D (or Modify SMCRA) for CCBs used in Mine-filling operations

11. CCP Regulation in 2008 Disposal RCRA Subtitle C regulation of CCPs not warranted. Options: –National Subtitle D standards –Application of Industrial D guidance –Development and implementation of USWAG CCP Action Plan –Status quo (state regulatory control)

12. CCP Regulation in 2008 Disposal & Utilization State-by-state under RCRA Subtitle D State regulation varies significantly –DOE, EPA, and industry evaluate individual states EPA Evaluates Damage Cases –24 Damage Cases identified –42 Potential Damage Cases identified

13. CCP Regulation in 2008 Mine Placement Managing Coal Combustion Residues in Mines (2006) Summary of findings: –Mineplacement is a Viable Option –No Damage from CCP Mineplacement was Found –Recommendations: Improved characterization of CCPs and Mine Sites Robust Monitoring of Sites Development of Enforceable Federal Standards –Beneficial Use of CCPs was Encouraged

14. CCP Regulation in 2008 Mine Placement Options Considered: –Consider RCRA Subtitle C regulations –Consider RCRA standards –Implement status quo (state regulatory control under SMCRA and/or RCRA authorities) Option Selected –Develop rules under SMCRA –Draft rules were developed by OSM

15. December 22, 2008 Fly Ash Spill at Tennessee Valley Authority Kingston Station Disposal Site –CCP Regulation Gets Attention –During her Senate confirmation hearing in January 2009, Lisa P. Jackson, President Obamas choice for to head the EPA, indicated that she intended to immediately review coal ash disposal sites across the U.S.

16. Recent Developments EPA Coal Combustion Products Partnership (C 2 P 2 ) lowers its utilization goal and excludes mine placement from its estimates. The CCP industry works to educate Congressional delegates. The CCP industry works to get support for maintaining CCPs as solid wastes. TVA Clean up continues. An EPA evaluation of CCP disposal sites identifies 49 with high hazard potential.

17. And Now….. EPAs Regulation was scheduled for release in January 2010, but still has not been released. The mine placement rules continue to be held until after the CCP regulation is a known entity. The CCP industry continues to work to address CCP issues related to mercury, sulfur trioxide, and NO x emissions.

18. Questions? Contact Information: Debra Pflughoeft-Hassett Gypsum Parameters 20 Fenton Avenue Grand Forks, North Dakota 58203 218-791-7729 dfphassett@live.com Advising Industry on Strategic Development of FGD Gypsum Resources