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## FEB - 4 2011

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable Carl Levin United States Senate Washington, D

.C. 20510 Dear Senator Levin: Thankyoufor your letter of December 15, 2010, to the U .S. Environmental Protection Agency (EPA) Administrator Lisa P . Jackson, regarding EPA's proposed rule, "Identification of Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you enclosed correspondence fromMr . David Northrop of Symbiotic Energy Inc. on tire fractionation, which allows the direct conversion ofwhole tires into gaseous fuel, and ask that we consider the technology andwhether we will address the technology in the final rule. This regulation was proposed alongwith three CleanAir Act (CAA) rules on June 4, 2010 . The proposed rule clarified underthe Resource Conservation and Recovery Act (RCRA) which non-hazardous secondary materials when burned in a combustion unit as a fuel or ingredient are or are not solid wastes, such that ifa non-hazardous secondary material is not a "solid waste," then the unit would be subject to the applicable CAAsection 112 requirements, whereas if the non-hazardous secondary material is considered a "solid waste," then the combustion unit would be subject to the CAAsection 129requirements. In general, the proposed rule identified non-hazardous secondary materials burned in combustion units as solid wastes except under the following circumstances: 1) the non-hazardous secondary material is used as a fuel that remains within the control ofthe generator and meets the legitimacy criteria; 2) the non-hazardous secondary material is used as an ingredient in a manufacturing process (whether by the generator or a third party) and meets the legitimacy criteria; 3) discarded non-hazardous secondary material has been sufficiently processed to produce a non-wastefuel or ingredient product that meets the legitimacy criteria; and 4) when, through a case-by-case petition process, it has been determined that non-hazardous secondary material handled outside the control ofthe generator has not been discarded and is indistinguishable in all relevant aspects froma fuel product. I appreciate your interest in this rulemaking. The Agency will consider the comments of Mr. Northrop, whorequests that EPAclarify that the tire fractionation process would constitute "sufficient processing," such that the gaseous supplemental boiler fuel that is produced would not be a solid waste, as well as the other comments submitted before promulgating a final rule. All substantive comments will receive an Agency response whichwill be included in the Response to Comments document for the final rule. That document, as well as your letter and

Internet Address (URL) * http://www .epa.gov Recycled/Recyclable 9 Printed with VegetableOil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled Paperthe enclosed letter fromMr . Northrup also will be entered into the rulemaking docket (EPA-HQRCRA-2008-0329) for consideration. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff maycall Raquel Snyder, in EPA's Office ofCongressional and Intergovernmental Relations, at 202-564-9586. Sincerely, Mathy Starrlslaus Assistant AdministratorJ~~SEO STqT~S UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY WASHINGTON, D.C. 20460 

## FEB - 4 2011

OFFICE OF SOLIDWASTEAND EMERGENCYRESPONSE The Honorable Sherrod Brown United States House of Representatives Washington, D

.C. 20515 Dear Congressman Brown: Thankyoufor your letter of December 15, 2010, to the U .S. Environmental Protection Agency (EPA) Administrator Lisa P . Jackson, regarding EPA's proposed rule, "Identification of Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you enclosed correspondence fromMr. David Northrop ofSymbiotic Energy Inc. on tire fractionation, which allows the direct conversion ofwhole tires into gaseous fuel, and askthat we consider the technology andwhether we will address the technology in the final rule. This regulation was proposed along with three CleanAir Act (CAA) rules onJune 4, 2010 . The proposed rule clarified under the Resource Conservation and Recovery Act (RCRA) which non-hazardous secondary materials when burned in a combustion unit as a fuel or ingredient are or are not solid wastes, such that ifa non-hazardous secondary material is not a "solid waste," then the unit would be subject to the applicable CAAsection 112 requirements, whereas if the non-hazardous secondary material is considered a "solid waste," then the combustion unit would be subject to the CAAsection 129 requirements. In general, the proposed rule identified non-hazardous secondary materials burned in combustion units as solid wastes except under the following circumstances: 1) the non-hazardous secondary material is used as a fuel that remains within the control ofthe generator and meets the legitimacy criteria; 2) the non-hazardous secondary material is used as an ingredient in a manufacturing process (whether by the generator or a third party) and meets the legitimacy criteria; 3) discarded non-hazardous secondary material has been sufficiently processed to produce a non-waste fuel or ingredient product that meets the legitimacy criteria; and 4) when, through a case-by-case petition process, it has been determined that non-hazardous secondary material handled outside the control ofthe generator has not been discarded and is indistinguishable in all relevant aspects froma fuel product. I appreciate your interest inthis rulemaking. The Agency will consider the comments of Mr. Northrop, who requests that EPAclarify that the tire fractionation process would constitute "sufficient processing," such that the gaseous supplemental boiler fuel that is produced would not be a solid waste, as well as the other comments submitted before promulgating a final rule. All substantive comments will receive an Agency response whichwill be included in the Response to Comments document for the final rule. That document, as well as your letter and

Internet Address (URL) 9 http://www .epa.gov Recycled/Recyclable e Printed with VegetableOil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled Paperthe enclosed letter fromMr. Northrup also will be entered into the rulemaking docket (EPA-HQRCRA-2008-0329) for consideration. Again, thank youfor your letter. Ifyou have further questions, please contact me or your staff may call Raquel Snyder, in EPA's Office ofCongressional and Intergovernmental Relations, at 202-564-9586.

Mathy Stanitlaus Assistant AdministratorJEOSTq,,

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## FEd - 4 Zn1i

OFFICE OF SOLIDWASTE AND EMERGENCYRESPONSE The Honorable Debbie Stabenow United States Senate Washington, D

.C. 20510 Dear Senator Stabenow : Thankyou for your letter of December 15, 2010, to the U .S. Environmental Protection Agency (EPA) Administrator Lisa P . Jackson, regarding EPA's proposed rule, "Identification of Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you enclosed correspondence fromMr . David Northrop of Symbiotic Energy Inc. on tire fractionation, which allows the direct conversion ofwhole tires into gaseous fuel, and ask that we consider the technology andwhether we will address the technology in the final rule. This regulation was proposed along with three CleanAir Act (CAA) rules onJune 4, 2010. The proposed rule clarified under the Resource Conservation and Recovery Act (RCRA) which non-hazardous secondary materials when burned in a combustion unit as a fuel or ingredient are or are not solid wastes, such that if a non-hazardous secondary material is not a "solid waste," then the unit would be subject to the applicable CAAsection 112 requirements, whereas if the non-hazardous secondary material is considered a "solid waste," then the combustion unit would be subject to the CAAsection 129 requirements. In general, the proposed rule identified non-hazardous secondary materials burned in combustion units as solid wastes except under the following circumstances: 1) the non-hazardous secondary material is used as a fuel that remains within the control ofthe generator and meets the legitimacy criteria; 2) the non-hazardous secondary material is used as an ingredient in a manufacturing process (whether by the generator or a third party) and meets the legitimacy criteria; 3) discarded non-hazardous secondary material has been sufficiently processed to produce a non-waste fuel or ingredient product that meets the legitimacy criteria; and 4) when, through a case-by-case petition process, it has been determined that non-hazardous secondary material handled outside the control ofthe generator has not been discarded and is indistinguishable in all relevant aspects froma fuel product. I appreciate your interest in this rulemaking. The Agency will consider the comments of Mr. Northrop, whorequests that EPAclarify that the tire fractionation process would constitute "sufficient processing," such that the gaseous supplemental boiler fuel that is produced would not be a solid waste, as well as the other comments submitted before promulgating a final rule. All substantive comments will receive an Agency response whichwill be included inthe Response to Comments document for the final rule. That document, as well as your letter and

Internet Address (URL) * http://www .epa.gov Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled Paperthe enclosed letter fromMr. Northrup also will be entered into the rulemaking docket (EPA-HQRCRA-2008-0329) for consideration. Again, thankyoufor your letter. If you have further questions, please contact me or your staff may call Raquel Snyder, in EPA's Office of Congressional and Intergovernmental Relations, at 202-564-9586. Sincerely, Mathy StaWsfaus Assistant Administrator