UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

DEC 2 9 2009 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable James Inhofe 

United States Senate 

Washington, D.C . 20510 

Dear Senator Inhofe : 

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 of whole scrap tires. 

The letter expresses specific concerns that whole scrap tires may be excluded from the 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, 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 . 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 Paper 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

DEC 2 9 2009 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable John 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 of Appeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's 

approach toward the use of whole scrap tires. 

The letter expresses specific concerns that whole scrap tires may be excluded from the 

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, 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. 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) 0 http://www .epa .gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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DEC 2 9 2009 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable Frank D. Lucas 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Lucas: 

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 (CIS WI) case and EPA's approach toward the use of whole scrap tires . 

The letter expresses specific concerns that whole scrap tires may be excluded from the 

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, 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 . 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. 

Sincerely, 

Internet Address (URL) o http ://www .epa.gov 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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DEC z 9 2009 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable Mary Fallin 

U.S . House of Representatives 

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 of Appeals 

decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's 

approach toward the use of whole scrap tires. 

The letter expresses specific concerns that whole scrap tires may be excluded from the 

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, 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 . 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. 

Mathy Stdn~laus 

Assistant A ministrator 

Internet Address (URL) * http ://www.epa .gov 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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DEC 2 g 2009 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

The Honorable Tom Coburn 

United States Senate 

Washington, D.C. 20510 

Dear Senator Coburn: 

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 of whole scrap tires . 

The letter expresses specific concerns that whole scrap tires may be excluded from the 

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, 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 . 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) 0 http ://www .epa.gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

DEC 2 g 2009 

OFFICE OF 

SOLID WASTE AND 

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 of whole scrap tires. 

The letter expresses specific concerns that whole scrap tires may be excluded from the 

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, 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 . 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 Paper 
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DEC 2 9 2009 

OFFICE OF 

SOLID WASTE AND 

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 of Appeals decision in the Commercial and Industrial Solid Waste Incineration (CISWI) case and EPA's approach toward the use of whole scrap tires . 

The letter expresses specific concerns that whole scrap tires may be excluded from the 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, 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. 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 of solid 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 . 

Sincerely, 

Mathy St 

Assistant 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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