J~~~ED STql~s 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Q WASHINGTON, D.C. 20460 

APR 1 3 2010 

OFFICE OF 

SOLID WASTE 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 FR 41) and your interest in EPA's approach 

toward the use of whole 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 for the identification of non-hazardous materials that are solid 

waste will have to be published on the same schedule as those CAA rulemakings. 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 of NonHazardous Materials that are Solid Waste is developed. 

Again, thank you for your letter . If you 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 

Internet Address (URL) * http ://www .epa .gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
J,,IV D srq),~s 

2~ A ytU 

C w // 

\ \~/ / U' ~`',L e 

~lq/ PROZEGC 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

APR 1 3 2010 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable Tim Holden 

U.S . House of Representatives 

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 of whole 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 for the identification of non-hazardous materials that are solid 

waste will have to be published on the same schedule as those CAA rulemakings. 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 of NonHazardous Materials that are Solid Waste is developed. 

Again, thank you for your letter. If you 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 Paper 
UNITED STATES 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 of whole 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 for the identification of non-hazardous materials that are solid 

waste will have to be published on the same schedule as those CAA rulemakings. 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 of NonHazardous Materials that are Solid Waste is developed. 

Again, thank you for your letter. If you 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 Paper 
J~~ZED ST,yT~S 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

APR 1 3 2010 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable Jim Gerlach 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Gerlach: 

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 of whole 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 for the identification of non-hazardous materials that are solid 

waste will have to be published on the same schedule as those CAA rulemakings. 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 of NonHazardous Materials that are Solid Waste is developed. 

Again, thank you for your letter . If you 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