Meeting with the American Forest and Paper Assn (AFPA)

December 7, 2005

Attendees:

OSW: David Fagan. Marilyn Goode, Amy Lile

AFPA: Richard Wasserstrom

Weyerhauser: Amy Schaeffer

Amy Schaeffer reiterated the comments already submitted by AFPA in
response to the October 28, 2003 proposal to revise the definition of
solid waste.  They prefer the existing exclusion in 40 CFR 261.4(a)(6)
to the one proposed in the 2003 notice because:

1.  The recovery of pulping chemicals sometimes involves burning for
energy recovery, as well as materials recovery.

2.  Occasional process malfunctions sometimes necessitate temporary
storage in surface impoundments (use constituting disposal). They also
have concerns about our legitimacy criteria (i.e, “managed as a
valuable commodity”) because of this practice.  

Amy S. emphasized that losing their exclusion would add large costs for
AFPA members at a time when there is a lot of international competition.
She also asked us to consider how states’ adoption of our conforming
changes might affect these changes during the transition period.  

Marilyn Goode then described the current schedule for the DSW
rulemaking, and stated that the rulemaking was not intended to affect
the existing exclusions in 40 CFR 261.4.  

