J~~~ED STql~s UNITEDSTATES ENVIRONMENTAL PROTECTION AGENCY Q WASHINGTON, D.C. 20460



# APR 1 3 2010

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable Charles W . Dent U .S. House of Representatives Washington, D

.C. 20515 Dear Congressman Dent : Thank you for your letter of February 24, 2010, regarding the U .S. Environmental Protection Agency's (EPA) Advance Notice of Proposed Rulemaking, entitled Identification of Non-Hazardous Materials that are Solid Waste (74 FR41) and your interest in EPA's approach toward the use ofwhole scrap tires in cement kilns. EPAis under a court ordered schedule for proposing, under the Clean Air Act (CAA), the Commercial and Industrial Solid Waste Incineration rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 15, 2010 and for issuing final rules by December 16, 2010

. The proposal for the identification of non-hazardous materials that are solid waste will have to be published on the same schedule as those CAArulemakings. Scrap tires are one of many materials under evaluation for the proposal being developed, whichwill interpret the term"solid waste" for non-hazardous secondary materials. I appreciate your concerns and will ensure that your letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the rule for the Identification ofNonHazardous Materials that are Solid Waste is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Carolyn Levine, in EPA's Office of Congressional and Intergovernmental Relations, at (202) 564-1859. Mathy Stani Assistant Ad

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## A ytU C w // \ \~// U' ~`',L e ~lq/ PROZEGC UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY WASHINGTON, D.C. 20460 

## APR 1 3 2010

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable TimHolden U .S. House ofRepresentatives Washington, D

.C. 20515 Dear Congressman Holden: Thank you for your letter of February 24, 2010, regarding the U.S. Environmental Protection Agency's (EPA) Advance Notice of Proposed Rulemaking, entitled Identification of Non-Hazardous Materials that are Solid Waste (74 FR 41) and your interest in EPA's approach toward the use ofwhole scrap tires in cement kilns. EPAis under a court ordered schedule for proposing, under the Clean Air Act (CAA), the Commercial and Industrial Solid Waste Incineration rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 15, 2010 and for issuing final rules by December 16, 2010

. The proposal for the identification of non-hazardous materials that are solid waste will have to be published on the same schedule as those CAArulemakings. Scrap tires are one ofmany materials under evaluation for the proposal being developed, whichwill interpret the term"solid waste" for non-hazardous secondary materials. I appreciate your concerns and will ensure that your letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the rule for the Identification ofNonHazardous Materials that are Solid Waste is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Carolyn Levine, in EPA's Office of Congressional and Intergovernmental Relations, at (202) 564-1859.

Internet Address (URL) 0 http://www .epa .gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperUNITEDSTATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

## APR 13 2010

OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE The Honorable Bill Shuster U.S. House of Representatives Washington, D

.C. 20515 Dear Congressman Shuster: Thank you for your letter of February 24, 2010, regarding the U .S. Environmental Protection Agency's (EPA) Advance Notice of Proposed Rulemaking, entitled Identification of Non-Hazardous Materials that are Solid Waste (74 FR 41) and your interest in EPA's approach toward the use ofwhole scrap tires in cement kilns. EPAis under a court ordered schedule for proposing, under the Clean Air Act (CAA), the Commercial and Industrial Solid Waste Incineration rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 15, 2010 and for issuing final rules by December 16, 2010

. The proposal for the identification of non-hazardous materials that are solid waste will have to be published on the same schedule as those CAArulemakings . Scrap tires are one ofmany materials under evaluation for the proposal being developed, whichwill interpret the term"solid waste" for non-hazardous secondary materials. I appreciate your concerns and will ensure that your letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the rule for the Identification ofNonHazardous Materials that are Solid Waste is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Carolyn Levine, in EPA's Office of Congressional and Intergovernmental Relations, at (202) 564-1859. Mathy St Assistant

Internet Address (URL) * http://www .epa .gov Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperJ~~ZED ST,yT~S UNITEDSTATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

# APR 1 3 2010

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The HonorableJim

Gerlach U .S. House of Representatives Washington, D

.C. 20515 Dear Congressman Gerlach: Thank you for your letter ofFebruary 24, 2010, regarding the U .S. Environmental Protection Agency's (EPA) Advance Notice of Proposed Rulemaking, entitled Identification of Non-Hazardous Materials that are Solid Waste (74 FR41) and your interest in EPA's approach toward the use ofwhole scrap tires in cement kilns. EPA is under a court ordered schedule for proposing, under the Clean Air Act (CAA), the Commercial and Industrial Solid Waste Incineration rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 15, 2010 and for issuing final rules by December 16, 2010. The proposal forthe identification of non-hazardous materials that are solid wastewill have to be published on the same schedule as those CAArulemakings. Scrap tires are one of many materials under evaluation for the proposal being developed, which will interpret the term"solid waste" for non-hazardous secondary materials. I appreciate your concerns and will ensure that your letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the rule for the Identification ofNonHazardous Materials that are Solid Waste is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Carolyn Levine, in EPA's Office of Congressional and Intergovernmental Relations, at (202) 564-1859. Mathy Stani Assistant A

Internet Address (URL) 0 http://www .epa .gov Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled Paper