DAN BOREN 

2ND DISTRICT, 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, Room 3426 Am 

Washington, DC 20460 

Dear Friend: 

tateg 

COMMITTEE ON ARMED SERVICES 

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 SOUTH THIRD, 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) 686-0128 
From: ftm, Robert [mapm:Robert.BMensotxaziuntoemusa.oom] stint Wednesday, August zs, 2009 s:5i ay 

To: Bower, Mary -

Subject: - 

Mary9 

Thank you for your help this momang. As I stated I am a District Sales Manager for 

Buzzi Unk;em USA. We have a cement manufacturing facility in Pryor, OK, located 

within Congressman Boren's district. - 

My issuelconcem on 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 to the 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 from the definition of solid waste only alter they are "processed ' Apparently, this Is in 

response to criticism EPA received in comments on the ANPRM submitted by some 

state regulatory agencies that were concerned about losing-regulatory jurisdiction over 

scrap tires if they were no longer considered solid wastes simply by being "destined' for 

use as fuel. EPA would make a huge mistake to discriminate 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 scrap tires or 

TDF would no longer be solid wastes after they are delivered to a facility that will use 

them onsite in an Industrial combustion unit . States would thereby retain regulatory 

jurisdiction from the 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 40 million scrap tires per 

year. Discriminating against these facilities would violate every precept of the Resource 

Conservation and Recovery Act and would make no sense either from a 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 Is pilviYrpsd and corMMW 3rrlbnnation intended oMy for Me 

use of the indivldual or entlty namsd above. fl the reader of. this measape Is not tln bftrided =4Isnt you we 

hereby notlAed that any dftseminabbn, dls&&udon or copying of fbra oomnwnJr~air Is s1*ly pnohlbifsd 1f you 

recaive I1W communication In error, preass noMy Mr sander by telephone (g18492-2l21) b anange for Me 

mfum of the 1nlformatlw.