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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 Cleaves (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 agency 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 that multiple processing practices 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 "managed under the oversight of a comprehensive collection 

system" in the listing. Instead, the various collection systems are described in the suggested preamble language. The 

record before the Agency shows that there are multiple ways that mixed C&D material is collected. There is not one 

"comprehensive collection system." What is important is that after it is collected, the 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 meet 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 

Barnes & Thornburg LLP 

1717 Pennsylvania Ave. N.W. 

Suite 500 

Washington, DC 20006 

Phone: 202-371-6364 

Fax: 202-289-1330 

www.btlaw.com 
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