UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY WASHINGTON, D.C. 20460 

# DEC 2 9 2009

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The HonorableJames Inhofe United States Senate Washington, D

.C. 20510 Dear Senator Inhofe: Thank you for your letter ofNovember 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition of solid waste only after they are processed. Scrap tires are one ofmany materials under evaluation. EPA continues to research and gather additional information regarding these materials so that potential options can be presented for comment. Currently, EPA is under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition ofsolid waste rule is developed. Again, thank you for your letter. If you have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555.

Internet Address (URL) * http://www .epa .gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperUNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

# DEC 2 9 2009

OFFICE OF SOLIDWASTEAND EMERGENCY RESPONSE The HonorableJohn Sullivan U .S. House of Representatives Washington, D

.C. 20515 Dear Congressman Sullivan: Thank you for your letter of November 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition of solid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPAcontinues to research and gather additional information regarding these materials so that potential options can be presented for comment. Currently, EPAis under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition ofsolid waste rule is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555.

Internet Address (URL) 0 http://www .epa .gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperJ~~~ED STqr~S UNITED STATES ENVIRONMENTAL PROTECTION AGENCY w Q WASHINGTON, D.C. 20460

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## DEC 2 9 2009

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable Frank D . Lucas U .S. House ofRepresentatives Washington, D

.C. 20515 Dear Congressman Lucas: Thank you for your letter ofNovember 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition ofsolid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPA continues to research and gather additional information regarding these materials so that potential options can be presented for comment . Currently, EPA is under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition of solid waste rule is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555. Sincerely,

Internet Address (URL) o http://www .epa.gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperJ~~SED STqr~ S UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY Q WASHINGTON, D.C. 20460 \oa ~lq~ PROIEGC 

# DEC z 9 2009

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable Mary Fallin U .S. House ofRepresentatives Washington, D.C. 20515 Dear Congresswoman Fallin: Thank you for your letter of November 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition of solid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPAcontinues to research and gather additional information regarding these materials so that potential options can be presented for comment. Currently, EPAis under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition of solid waste rule is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555. Mathy Stdn~laus AssistantA ministrator

Internet Address (URL) * http://www .epa .gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%, Postconsumer, Process Chlorine Free Recycled PaperJa~-~ED STqT~ S . UNITEDSTATES ENVIRONMENTAL PROTECTION AGENCY F3 W

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# DEC 2 g 2009

OFFICE OF SOLIDWASTE AND EMERGENCY RESPONSE The Honorable Tom

Coburn United States Senate Washington, D

.C. 20510 Dear Senator Coburn: Thank you for your letter ofNovember 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition ofsolid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPA continues to research and gather additional information regarding these materials so that potential options can be presented for comment . Currently, EPA is under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition of solid waste rule is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555.

Internet Address (URL) 0 http://www .epa.gov Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperUNITEDSTATES ENVIRONMENTAL PROTECTIONAGENCY WASHINGTON, D.C. 20460 

# DEC 2 g 2009

OFFICE OF SOLID WASTEAND EMERGENCY RESPONSE The Honorable Dan Boren U .S. House of Representatives Washington, D

.C. 20515 Dear Congressman Boren: Thank you for your letter of November 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court of Appeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition of solid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPA continues to research and gather additional information regarding these materials so that potential options can be presented for comment. Currently, EPAis under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . I appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition ofsolid waste rule is developed. Again, thank you for your letter. If you have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555.

Internet Address (URL) * http://www .epa .gov Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled PaperJ~~SED STqT

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# DEC 2 9 2009

OFFICE OF SOLID WASTEAND EMERGENCY RESPONSE The Honorable Tom

Cole U .S. House of Representatives Washington, D

.C. 20515 Dear Congressman Cole: Thank you for your letter of November 17, 2009, regarding the U .S. Environmental Protection Agency's (EPA) upcoming rules in response to the D .C. Circuit Court ofAppeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use ofwhole scrap tires. The letter expresses specific concerns that whole scrap tires may be excluded fromthe definition of solid waste only after they are processed. Scrap tires are one of many materials under evaluation. EPA continues to research and gather additional information regarding these materials so that potential options can be presented for comment. Currently, EPAis under a court ordered schedule for proposing, under the Clean Air Act, the CISWI rule and the Industrial, Commercial, and Institutional Boilers and Process Heater rule by April 2010, and for issuing final rules by December 2010 . 1 appreciate your concerns and will ensure that this letter is entered into the rulemaking docket (EPA-HQ-RCRA-2008-0329) for consideration as the definition ofsolid waste rule is developed. Again, thank you for your letter. Ifyou have further questions, please contact me or your staff may call Amy Hayden in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-0555. Sincerely, Mathy St Assistant UNITEDSTATES ENVIRONMENTAL PROTECTIONAGENCY

WASHINGTON, D.C. 20460

Internet Address (URL) 0 http://www .epa .gov Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100%Postconsumer, Process Chlorine Free Recycled Paper