NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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EXECUTIVE COMMITTEE

PRESIDENT

Marian A. Orfeo

Director of Planning

& Coordination

Massachusetts Water

Resources Authority

Boston, MA

VICE PRESIDENT

Kevin L. Shafer

Executive Director

Milwaukee Metropolitan

Sewerage District

Milwaukee, WI

TREASURER
Jeff Theerman

Executive Director

Metropolitan St. Louis

Sewer District

Saint Louis, MO

SECRETARY

David R. Williams

Director of Wastewater

East Bay Municipal

Utility District

Oakland, CA

PAST PRESIDENT Christopher M. Westhoff

Assistant City Attorney

Public Works General Counsel

City of Los Angeles

Los Angeles, CA

EXECUTIVE DIRECTOR

Ken Kirk February 2, 2009

EPA Docket Center (EPA/DC) United States Environmental Protection Agency U.S. EPA (2822T) 1200 Pennsylvania Avenue NW Washington, D.C. 20460

Re: Comments of the National Association of C lean Water Agencies lean Water Agencies (NACWA) on U.S. EPA’s (NACWA) on U.S. EPA’s Advanced Notice of Proposed Rulemaking, 74 Fed. Advanced Notice of Proposed Rulemaking, 74 Fed. Advanced Notice of Proposed Rulemaking, 74 Fed. Reg. 41 (January 2, 2009) Seeking Input on Defining “Solid Waste” as it “Solid Waste” as it Applies to Non Applies to Non-

- Hazardous Materials Hazardous Materials Hazardous Materials

Attention Docket ID No. EPA-HQ-OAR-2008-0329

Dear Sir or Madam:

These comments are submitted by the National Associ ation of Clean Water Agencies (“NACWA”) in response to the United States Environm ental Protection Agency’s (“EPA’s”) January 2, 2009 request for public commen ts on the meaning of “solid waste” under the Resource Conservation and Recovery Act (“ RCRA”) published at 74 Fed. Reg. 41-61. NACWA asks that EPA clarify in its upc oming rulemaking that “solid waste” does not include the sewage sludge (biosolids) processed at Publicly Owned Treatment Works (“POTWs”) that are the “solid and d issolved materials in domestic sewage” that Congress expressly exempts from its def inition of solid waste at 42 U.S.C. § 6903(27). The solid waste definition rule present s an opportunity to clarify and codify that the statutory Domestic Sewage Exclusion applies to the sewage sludge extracted from domestic sewage and combusted or land applied. Express exclusion of POTW sewage sludge from the definition of solid waste is consistent with NACWA’s position that sewage sludge incinerators (“SSIs”) sh ould be regulated under Section 112 instead of Section 129 of the Clean Air Act (“C AA”).

NACWA represents the interests of nearly three hund red of the nation’s POTWs, which collectively serve the majority of the sewered population in the United States. For over thirty-five years, NACWA has maintained a leadership role in legal and policy issues affecting clean water agencies, and ha s been at the forefront of the development and implementation of scientifically-ba sed, technically-sound, and cost-effective environmental programs for protectin g public and ecosystem health. Congress’ Domestic Sewage Exclusion recognizes the u nique function and purpose ofNACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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POTWs as distinct from other types of wastewater tre atment. POTWs perform a necessary public function that protects the environment. From 1968 to 1995, POTWs served 35% more people while decreasing the biochem ical oxygen demand of their discharges by 45% and signif icantly improving dissolved oxygen levels in 73% of major river basins. They also have made and continue to make s ignificant strides in reducing contaminants and ret urning many watersheds to a condition acceptable for recrea tion. Without POTWs, the waste of approximately 19 0 million people living within their service areas wou ld go untreated. POTWs have been, and continue to be, committed to serving their communities and improvin g environmental quality through compliance with the Clean Water Act (“CWA”).

POTWs are authorized under the CWA to impose pretre atment obligations and other restrictions on dischargers to the sewer system. This enables POTWs to protect their treatment systems and helps ensur e that the sewage sludge extracted meets the criteria nece ssary for future beneficial use.

Sewage sludge processed at POTWs must meet strict he alth-based standards established under the CWA. Th e CWA requires EPA to identify pollutants “which, on t he basis of available information on their toxicity

, persistence, concentration, mobility or potential f or exposure, may be present in sewage sludge in concentrations which may adversely affect public hea lth or the environment.” CWA § 405(d)(2)(A), 33 U. S.C. § 1345(d)(2)(A). The numerical limits and management practices promulgated by EPA must be “adequate to protect public health and the environment from any reasonably anticipated adverse effects of each poll utant.” CWA § 405(d)(2)(D). EPA proceeded to establish the se health-based limits at 40 CFR Part 503 as the st andards for the use or disposal of sewage sludge. When prom ulgating these standards, EPA used exposure assessm ent models with conservative assumptions that overstate d risk to derive numerical pollutant limits that pr otect individuals from events that are likely to occur an d to protect public health and the environment from the reasonably anticipated adverse effects of each poll utant. See 58 Fed. Reg. 9248, 9249, 9277 (Feb. 19, 1993).

When looking to update these health-based standards , EPA has various options. The agency could conclu de, as courts have, that Congress intended POTW sewage slud ge to be regulated comprehensively under the CWA.

See Natural Resources Defense Council v. EPA , 790 F.2d 289 (3rd Cir. 1986) (directing EPA to me et the CWA’s “command for a comprehensive framework to regulate t he disposal and utilization of sludge ...”). The CWA requires that EPA review its sewage sludge regulation s “from time to time but not less often than every two years ... for the purpose of identifying additional t oxic pollutants and promulgating regulations for su ch pollutants.” CWA § 405(d)(2)(D). EPA need not loo k beyond the CWA for its authority to comprehensive ly regulate the use and combustion of sewage sludge co nsistent with the best available scientific informa tion.

EPA may also look to the Clean Air Act (“CAA”) to r egulate SSIs for health-based standards as it has a lready done for technology-based standards at 40 CFR Part 60, Subpart O. However, since Congress has declared the solid material in domestic sewage excluded from the definition of “solid waste,” EPA should not look to CAA Section 129 to regulate sewage sludge combustion. S ection 129 is limited to solid waste incinerators a nd as indicated above and explained more completely below POTW SSIs are not combusting solid wastes and shoul d not be included in Section 129. If CAA regulation is required, NACWA prefers regulation of SSIs under Section 112 for hazardous air pollutants and that t hey be consistent with the Part 503(E) regulations u nder the CWA that protect human health and the environment. Previous EPA determinations have confirmed in 2005 and 2007 that SSIs are more appropriately regulated under Section 112 instead of Section 129.NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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NACWA asks that EPA clarify in its upcoming solid w aste definition rule that “solid waste” does not in clude sewage sludge from the processing of domestic sewage . This will clarify the proper path for potential regulation of SSIs under Section 112 of the CAA.

General Comments

I. Sewage Sludges Processed at POTWs are Not a So lid Waste

A. The Resource Conservation and Recovery Ac A. The Resource Conservation and Recovery Act (“RC RA”) Expressly Excludes the Solid and Dissolved t (“RCRA”) Expressly Excludes the Solid and Dissolv

Material to be Processed at POTWs from the Definiti on of Solid Waste Through the Domestic Sewage

Exclusion Exclusion

The CAA defines solid waste by referencing the defi nition of solid waste under RCRA: “The term ‘solid waste’ . . . shall have the meaning established by the Admin istrator pursuant to the Solid Waste Disposal Act [commonly referred to as RCRA].” CAA § 129(g)(6). RCRA defines “solid waste” as:

any garbage, refuse, sludge from a waste treatment p lant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous mate rial resulting from industrial, commercial, mining, and agricultural operations, an d from community
activities, but does not include solid or dissolved material in dom estic sewage

. . . . 1

42 U.S.C. §

6903(27) (emphasis added). This expressly exclud es the sewage sludge in domestic sewage from the definition of “solid waste” in what is commonly refe rred to as the “Domestic Sewage Exclusion.”

B. The Domestic Sewage Exclusion Encompasses Sewag e Sludge Processed at POTWs e Sludge Processed at POTWs

Both Congress and EPA have stated that the Domestic Sewage Exclusion includes the sewage sludge process ed at POTWs. After all, sewage sludges are simply the “solid and dissolved materials in domestic sewage” that are filtered and extracted during the wastewater treatmen t process. These are the very materials that the D omestic Sewage Exclusion is designed to exclude from solid wa ste regulation. Congress and EPA also have stated repeatedly that the Domestic Sewage Exclusion contin ues to apply to sewage sludge when a POTW treats non

domestic sources discharged into the domestic sewage system.

1. Congress Has Explicitly Considered the Scope of the Domestic Sewage Exclusion and Concluded That th e Exclusion Encompasses Sewage Sludge from the POTW P rocess.

1 The definition specifically excludes: (1) inciner ators or other units which are Treatment, Storage a nd Disposal Facilities
(TSDFs) under RCRA; (2) materials recovery faciliti es which combust waste for the primary purpose of r ecovering metals; (3)
“qualifying small power production facilities” and “qualifying cogeneration facilities” which burn hom ogeneous waste (such as
tires or used oil) for the production of electric e nergy or electric energy and steam or forms of usef ul energy; and (4) air curtain
incinerators, provided that such incinerators burn only wood wastes, yard wastes, and clean lumber. Id.NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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During the 1992 RCRA Amendment process, Congress sp ecifically considered the scope of the Domestic Sewage Exclusion in the context of hazardous waste re gulation. At that time, Senator Chafee clearly con firmed that sewage sludge extracted from a domestic sewer s ystem is covered by the Domestic Sewage Exclusion ev en when the system is receiving industrial wastewater t hrough sewer connections:

Sewage treatment plants operated by local government s - POTWs – have a special exemption called the domestic sewage exclusi on under RCRA. If most of the waste received by a POTW is domestic sewage, th eir sludge and wastewater is exempt from haza exempt from hazardous industrial waste regulation e ven if they are also receiving

rdous industrial waste regulation even if they are also receiving hazardous industrial waste through sewer connection s.

138 Cong. Rec. 514755, 514758 (1992) (emphasis adde d). Senator Chafee’s statement is also reflected in the Senate reports of the Committee on Environment and Public Works during consideration of the 1992 RCRA

Amendments:

“Currently, the volume of hazardous waste discharged to sewers in the U.S. is greater than the volume of hazardous waste that is managed in facilities regulated under subtitle C of RCRA. The material d isposed in sewers is,
however, not considered a hazardous waste because the definition of solid waste at section 1004(27) of RCRA excludes material that is mixed with domestic sewag e. ”

S. REP. 102-301, at 91 (1992). The Committee furth er stated:

Although section 421 limits the domestic sewage exc lusion for industrial discharges, it does not in any way change the statu s of the POTWs with respect to regulation under subtitle C. The amendment spec ifically provides that

P P OTWs shall not be considered hazardous waste treat ent, storage or disposal units, OTWs shall not be considered hazardous waste treatm ent, storage or disposal units, even if an industrial discharger should discharge a hazardous waste to the POTW in violation of the revised statute

.

S. Rep. 102-301, at 92 (1992) (emphasis added). EP A recognized this congressional intent to include i ndirect industrial discharges processed by POTWs within the Domestic Sewage Exclusion during its 1980

consideration of hazardous waste rules when it stated , “[t]he exclusion of domestic sewage and mixtures t hat pass through sewer systems to POTW’s is based on Co ngressional intent . . . .” 45 Fed. Reg. 33084, 3 3098 (May 19, 1980). While these statements are all made in the context of hazardous waste regulation, they are no less relevant when crafting exclusions for solid waste un der regulations for non-hazardous materials, as the y refer to the Section 1004(27) statutory definition of sol id waste which applies to both the hazardous waste (S ubtitle C) and nonhazardous waste (Subtitle D) sections of R CRA. Congress has had ample opportunity to adjust the requirements of the CWA or to adjust the Domestic S ewage Exclusion, and it is significant that it has n ot done

so.

2. Previous EPA Rulemakings Recognize the Congress ional Intent that the Domestic Sewage Exclusion Includes Sewage Sludge from POTWs.NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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EPA has revisited the definition of solid waste many times during the development of hazardous waste regulations, and each time has incorporated the Dom estic Sewage Exclusion into the regulatory definiti on of

solid waste. See 40 C.F.R. § 240.101(y); 40 C.F.R. § 243.101(y); 40 C.F.R. § 246.101(bb); 40 C.F.R. § 257.2; 40 C.F.R. § 258.2; 40 C.F.R. § 261.4. EPA has repeate dly recognized the congressional intent that the Do mestic Sewage Exclusion includes sewage sludge processed at POTWs and has regulated accordingly.

Perhaps the clearest example of EPA’s exclusion of POTW sewage sludge from the definition of solid waste in reliance on the Domestic Sewage Exclusion under RCRA is found in EPA’s promulgation of a rule to identi fy and list hazardous wastes for petroleum refinery pr ocess wastewaters. In the Preamble to the Final Rule (November 2, 1990), EPA concludes that POTW sewage s ludge falls within the Domestic Sewage Exclusion:

It should be noted that if wastewaters generated at petroleum refineries are discharged to a POTW and such wastewaters are mixed w ith domestic sewage
from nonindustrial sources, the sludges generated in the POTW are covered under the domestic sewage exclusion and are not included in today’s listings.

55 Fed. Reg. 46354, 46364 (November 2, 1990) (empha sis added). EPA also has adopted the position that POTWs do not lose the Domestic Sewage Exclusion when they receive non-domestic wastes into their sewer system in the following definition of “solid waste” in the hazardous waste regulations:

The following materials are not solid wastes for the purpose of this subpart: (1)(i) Domestic sewage; and (ii) any mixture of domestic sewage and other wastes that passes through a sewer system to a that passes through a sewer system to a publicly publicly publicly- owned treatment works for owned treatment works for

treatment.

40 C.F.R. § 261.4 (emphasis added). Both Congress and EPA have been clear about the scope of the Dome stic Sewage Exclusion. The Exclusion specifically applie s to domestic sewage, and includes the sewage sludge from POTWs that process domestic sewage with other wastes that pass through the domestic sewer system.

POTW sewage sludges have been consistently excluded from regulation as a solid waste under RCRA’s scheme for protecting public health and the environment du ring the management of hazardous wastes. NACWA requests that EPA continue to exclude POTW sewage sl udge from its definition of solid waste in its rule for the management of non-hazardous materials. This Domes tic Sewage Exclusion should expressly extend to the sewage sludge from POTWs whose primary function is the treatment of domestic sewage.

C. Consistent with the Congressional Purpose for t he Domestic Sewage Exclusion, EPA Should Regulate Sewage Sludge Comprehensively under the Clean Wa Sewage Sludge Comprehensively under the Clean Water ter Act ter Act

In the Domestic Sewage Exclusion, Congress is expre ssing its preference for comprehensive regulation o f sewage sludge under the Clean Water Act. Summarizi ng the legislative history, EPA concluded that the Domestic Sewage Exclusion was included in the defini tion of solid waste because domestic sewage passing through POTWs was already adequately regulated unde r the CWA. See 45 Fed. Reg. 33084, 33097 (May 19, 1980) (EPA summarizing Congress’ reasoning behind t he Domestic Sewage Exclusion). Congress has revisi ted
the definition of solid waste since then, and has co nsistently reaffirmed its conclusion that sewage sl udge processed by POTWs are adequately regulated under t he CWA and need not be regulated under RCRA. Durin gNACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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the consideration of the 1992 RCRA Amendments, the Senate approved the continued application of the Domestic Sewage Exclusion in stating that “[t]he ra tionale for the domestic sewage exclusion is that t his material is already regulated under the Clean Water Act.” S. Rep. No. 102-301, at 91 (1992).

Consistent with that apparent legislative preference , EPA should defer to the CWA for comprehensive regulation of all potential environmental effects o f sewage sludge. EPA has regulations that govern S SI emissions under Section 405 of the CWA promulgated at 40 CFR Part 503. As mandated by Congress, the Agency identified those pollutants “which, on the b asis of available information on their toxicity, pe rsistence, concentration, mobility or potential for exposure, may be present in sewage sludge in concentrations wh ich may adversely affect public health or the environme nt.” CWA § 405(d)(2)(A). Also, as mandated by Con gress, the numerical limits and the management practices r equired by the Part 503 Regulations “are adequate t o protect public health and the environment from any reasonably anticipated adverse effects of each poll utant.”

Id. § 405(d)(2)(d).

In carrying out this statutory mandate, EPA enacte d Part 503 regulations and described them as requiring “an unprecedented effort to assess the po tential for pollutants in sewage sludge to affect pu blic health and the environment through a number of diff erent routes of exposure.” 58 Fed Reg. 9248 (Feb. 19, 1993). Part 503 regulations for sewage sludge incin eration currently impose numeric emission limits fo r arsenic, beryllium, cadmium, chromium, lead, mercur y and nickel; total hydrocarbon or alternative carb on monoxide emission limits; and numerous requirements regarding management practices. These requirement s are risk-based standards that EPA has determined to be adequate to protect human health and the environment. Congress has further directed that EP A revisit these regulations at least every two years to ensure that they remain adequate to protect public health and the environment.

Mindful of the congressional preference for compre hensive sewage sludge regulation, NACWA asks that EPA defer to the Part 503 regulations as the p rimary focus of health-based regulations for sewage sludge use and combustion. To the extent necessary to mee t CAA obligations, EPA should regulate the combusti on of POTW sewage sludge under Section 112 for hazardous a ir pollutants so as not to disrupt the historic leg islative and regulatory exclusion of this sewage sludge from solid waste regulation.

S S pecific Comments pecific Comments

II. Supplementary Information to the Materials Cha racterization Paper for Wastewater Treatment Sludge

NACWA asks that EPA expressly differentiate wastewate r treatment sludge and POTW sewage sludge in its rul e by defining “wastewater treatment sludge” to exclude the sewage sludge generated from a Publicly Owned Treatment Works processing domestic sewage. Since P OTW sewage sludge is excluded from the definition of
solid waste, this material does not need to be refle cted in EPA’s Materials Characterization Paper for wastewater treatment sludge.

Nonetheless, NACWA supports EPA’s attempt to be wel l informed about each of the secondary materials li sted in the ANPR and provides the following supplementary information regarding the sewage sludge processed a t POTWs below in support of that attempt.NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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NACWA is providing more recent contaminant informat ion from POTW sewage sludge than what exists in the Materials Characterization Paper. The Materials Ch aracterization Paper contains data from 1980 and 19 89. There has been a major improvement in biosolids qua lity since 1980 due to EPA’s Pretreatment and Bioso lids Programs. NACWA supplies the following information generated from two POTWs owned and operated by the Northeast Ohio Regional Sewer District.

Reduction in Pollutant Concentrations in Sewage Slud ge (1980

– 2004)

Pollutant Southerly WWTP Westerly WWTP

Cadmium 96% 100%

Chromium 91% 92%
Copper 67% 91%

Lead 88% 98%

Nickel 87% 98%

Zinc 76% 89%

In addition, the mercury concentrations at both pla nts are less than 1 mg/dry kg, while the beryllium concentrations at both plants do not exceed 0.3 mg/ dry kg.

These values demonstrate that the concentration of compounds of concern in sewage sludge has decreased significantly since 1980. This in turn indicates that the controls put in place for POTWs under Sect ion 405 of the CWA are working. It also indicates that some po llutants, such as lead, are less prevalent in the environment due to other regulatory changes such as the elimination of lead from gasoline and paint.

It should be noted that many POTWs that incinerate their sewage sludge capture and reuse the excess hea t in their incinerator exhaust gases. For example, by t urning the excess heat from incinerator exhaust gas es into high pressure steam used in plant processes and for building comfort heat, utilities are able to reduc e their external energy consumption and carbon footprints. SSIs may also co-generate electricity to maximize energy recovery from sewage sludge. It is appropriate, the refore, to consider the fuel value of sewage sludge. When comparing sewage sludge with other fuels, as was don e for “sludge incineration” in Exhibit 5 to the Was te Characterization Paper for Wastewater Treatment Slu dge, EPA should utilize the most recent available d ata particularly with regard to lead and other metals t hat have been reduced significantly over time.

NACWA encourages EPA to use the most up to date and accurate data available as the basis for its rulem aking efforts. The 1980 and 1989 data for sewage sludge significantly overstate the risk associated with to day’s sewage sludge management. Similarly, the 1998 sour ce for Exhibit 5’s comparison of sludge incineratio n with other fuels may no longer be an accurate basis for regulatory decisions. Additional details may be fo und in a report titled “Improvements in Biosolids Quality Du e to EPA’s Pretreatment and Biosolids Programs” a c opy of which is attached. Also, EPA just completed and pu blished the results from its Targeted National Sewa ge Sludge Survey, which contains updated information o n all of the 40 CFR Part 503 contaminants for nearl y 100

POTWs nationwide.

III. Comments on the Criteria for Determining Whet her a Secondary Material is a Solid Waste

NACWA commends EPA for recognizing that some second ary materials that were previously regarded as wastes are now emerging as viable fuels due to techn ological and economic changes. The regulation of t heseNACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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alternative materials is of interest to all facilit ies, including POTWs, as the country begins to eval uate future fuel options. NACWA supports EPA’s determination t hat materials to be used as fuels and ingredients s hould not be considered solid wastes. It is appropriate t o exclude these materials, including dewatered and/o r pelletized sewage sludge, from the definition of sol id waste to encourage their beneficial use. NACWA encourages EPA to take a broad and flexible view of what constitutes a fuel or ingredient to maximize th e environmental benefits associated with energy recov ery and the beneficial reuse of secondary materials as ingredients.

A. EPA Should Not use “Containment” as an Exclusiv e Criterion for Defining a Valuable “Commodity”

that is not a Solid Waste. that is not a Solid Waste.

EPA’s criteria for determining whether something is a “commodity” as opposed to a waste should be broad and flexible. Although “containment” may offer one way to indicate that a material has value and will be u sed in the future, many valuable commodities do not need t o be contained to serve their beneficial use. Non

hazardous secondary materials should be considered valuable and, therefore, not a solid waste, if they have demonstrated value as an ingredient or fuel. Inste ad of focusing on containment, EPA should focus on

whether the material has value for future use as an ingredient or fuel.

B. EPA Should Employ a Qualitative System for Det rmining Legitimate Heating Values B. EPA Should Employ a Qualitative System for Dete rmining Legitimate Heating Values rmining Legitimate Heating Values

NACWA supports EPA’s determination that heating val ue should be assessed qualitatively. Heating value s of the same secondary material may vary widely dependi ng on water content and other factors that can chang e as the material is processed. It would be unfortunate for this regulation to drive unnecessary processin g or dewatering of secondary material just to meet a regu latory definition. As an example, the Materials Characterization Paper for Wastewater Treatment Slu dge indicates broad heat value variation from 4,000 Btu to 16,700 Btu per pound of dry solids. While Btu h eating value could be one way to demonstrate that a secondary material is a commodity and not a waste, i t should not be a necessary criterion for a seconda ry material to qualify as a fuel. Furthermore, newer technologies (such as fluidized bed incinerators) h ave the ability to combust efficiently materials with lower heating values. To accommodate this trend in techn ology, and the potential for future developments that enab le energy recovery from materials with even lower h eat values, EPA should not set a bright line Btu value that distinguishes a fuel from a waste.

Conclusion

In issuing the Proposed and Final Rules, NACWA requ ests that EPA expressly include the following findi ng:

The Domestic Sewage Exclusion under RCRA expressly excludes “solid and dissolved materials in domestic sewage” from the definition of solid wast e. This Exclusion includes the sewage sludge generated by Publicly Owned Treatment Works treating domestic sewage that may include non-domestic indirect discharges into the d omestic sewer system. Sewage sludge from Publicly Owned Treatment Works treating domestic sewa ge are, therefore, excluded from the regulatory definition of “solid waste.”

NACWA also asks EPA to set flexible criteria for de fining fuels and ingredients to maximize the enviro nmental benefit derived from energy recovery and beneficial use of secondary materials.NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
Page 9 of 10NACWA Comments on Docket ID No. EPA-HQ-RCRA-2008-03 29 February 2, 2009
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NACWA thanks EPA for the opportunity to submit comm ents. If you have any questions or require additio nal
information concerning NACWA’s position on this iss ue, please do not hesitate to contact me.

Respectfully submitted,

Chris Hornback
Senior Director, Regulatory Affairs

Attachment

Cc: Robert Dominak
Douglas A. McWilliams