DAN BOREN

2NDDISTRICT, OKLAHOMA WASHINGTON OFFICE : 216 CANNON HOUSE OFFICE BUILDING WASHINGTON, D

.C. 20515 (202) 225-2701 FAx:(202)225-3038 W W W .BOREN .HOUSEGOV 

# Congrezz of the Uniteb ~ouge of Repregentotibeg Wagbtngton, MC 20515-3602 September 21, 2009 Environmental Protection Agency Government Relations 1200 Pennsylvania Avenue, Nw, Room3426 Am Washington, DC 20460 Dear Friend: 

# tateg COMMITTEE ON ARMEDSERVICES SUBCOMMITTEE ON TACTICAL AIR AND LAND FORCE SUBCOMMITTEE ON PROJECTION FORCES COMMITTEE ON RESOURCES SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCE SUBCOMMITTEE ON FORESTS AND FOREST HEALTH

I recently received this letter from a concerned resident of Oklahoma, Bob Bivens, of Tulsa. Since this matter is under your jurisdiction, I am forwarding the correspondence to you. In my response to the constituent, I indicated that I would be forwarding their letter on to you. Thank you for your prompt attention to this matter and for the opportunity to better serve my constituents . Respectfully yours,

Dan Boren Member of Congress DDB : hc

Claremore McAlester Muskogee

309 W . 1 ST STREET 321 SOUTHTHIRD, STE. 4 431 W . BROADWAY CLAREMORE, OK 74017 McALESTER, OK 74501 MUSKOGEE, OK 74401 (918) 341-9336 (918) 423-5951 (918) 687-2533 FAX: (918) 342-4806 FAX: (918) 423-1940 FAX: (918) 686-0128From

: ftm, Robert [mapm

:Robert .BMensotxaziuntoemusa.oom] 

## stintWednesday, August zs, 2009s:5iay To : Bower, Mary - Subject : -

### Mary9 Thank you for your help this momang. As I stated I am a District Sales Manager for Buzzi Unk;emUSA

. We have a cement manufacturing facility in Pryor, OK, located within Congressman Boren's district. - My issuelconcemon behalf of my company and our Industry is in regards to~EPA's possible Intentions regarding its imminently pending proposed rule, which will be published as a response tothe D.C . Circuit Court of Appeals decision in the CISWI (Commercial & Industrial Solid Waste Incinerator) case. I am specifically concerned about how

that proposal may affect the use of whole scrap tines as alternative fuel, particularly in cement kilns. It is my understanding that EPA may be considering a provision that would exclude tires fromthe definition of solid waste only alter they are "processed' Apparently, this Is in response to criticismEPA received in comments on the ANPRM submitted by some state regulatory agencies that were concerned about losing-regulatoryjurisdiction over scraptires if they were no longer considered solid wastes simply by being "destined' for use as fuel . EPAwould make a huge mistake todiscriminate against the use of whole scrap tires as fuel by proposing a "processing" requirement. The the same result in a non-discriminatory way, for example, by ruling that scraptires or TDF would no longer be solid wastes after they are delivered to a facility thatwill use themonsite in an Industrial combustion unit . States would thereby retain regulatory jurisdiction fromthe point of generation through final disposition and a proven technology for efficiently burning whole scrap fines as fuel would be preserved and quite possibly further encouraged. Of roughly 30 US cement plants that bum scrap tires for energy recovery, about 25 of them bum whole tires. Our plant in Pryor is one that successfully utilizes whole tires as an alternate fuel . These 25 plants account for the safe disposition of well over 40million scrap tires per year. Discriminating against these facilities would violate every precept of the Resource Conservation and RecoveryAct and would make no sense either froma regulatory or policy perspective. I would ask that Congressman Boren consider EPA's approach to addressing the court's ruling In the CISWI case, and I would strongly urge him to support a solution that does not unfairly discriminate against or discourage-M legitimate use of secondary materials as alternative flrel . Bob Bivens Sales Manager Buzzi Unicorn USA 8242 S. Harvard, Suiba D TWs., O1aahoms 74137 ph: 918-492-2121, fac 918-481-5788 ConfidendalKy Notlce The bdbnnafiOn contained in this sma# massage IspilviYrpsd and corMMW 3rrlbnnation intended oMy for Me use ofthe indivldual or entlty namsd above. flthe readerof . thismeasape Is not tln bftrided =4Isnt you we herebynotlAed that anydftseminabbn, dls&&udon or copying offbra oomnwnJr~air Is s1*lypnohlbifsd 1fyou recaive I1W

communication In error, preass noMy Mr sander bytelephone (g18492-2l21) banange for Me mfum ofthe 1nlformatlw

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