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### Dixon, Kenneth

From: Bodine, Susan [Susan.Bodine@btlaw.com] Sent: Tuesday, February 19, 2013 12:13 PM To: Devlin, Betsy; Faison, George; Dixon, Kenneth Cc: Rudzinsk, Suzanne; Robert Cl eaves (BPA); William Turley Subject: C&D wood preamble language Attachments: C&D rule and preamble language.doc

On our call on January 25, you said that EPA preferred to keep its 241.4 listing language simple and provide detail in preamble language.

Attached is suggested language both for listing C&D wood as a non-waste fuel and for the preamble explaining the listing.

In the listing, please note that we are suggesting the word "proven" rather than "best" to describe the processing. "Proven" more accurately reflects the record before the age ncy which demonstrates that the processing described in the record meets the NHSM legitimacy criteria. "Best" could imply a changing standard, which would go beyond the record before the agency. The data provided by the industry shows t hat multiple processing practice s result in C&D wood that meets the legitimacy criteria. However, the term "best" could suggest that processing that produces C&D wood that meets the legitimacy criteria may not fall within the scope of the listing, if some more prescriptive practice was used elsewhere.

Also, please note that we did not include language about "m anaged under the oversight of a comprehensive collection system" in the listing. Instead, the va rious collection systems are described in the suggested preamble language. The record before the Agency shows that there are multiple ways that mixed C&D mate rial is collected. There is not one "comprehensive collection system." What is important is that after it is collected, t he mixed C&D material is then processed into non-waste C&D wood fuel. The C&D processors create a valuable product from the mixed C&D material and then sell that valuable fuel product to combustors.

Bob Cleaves of BPA and Bill Turley of CMRA would be happy to m eet with you or to have a conference call with you if you have questions or if you want to have a discussion of how C&D material is collected or processed.

Thank you,

Susan Bodine

Susan Parker Bodine
Partner
susan.bodine@BTLaw.com

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