Summary of EPA Meeting with RMA, CKRC, and PCA

July 27, 2007

On Thursday, July 27, Matt Hale and staff from the Office of Solid Waste
(OSW) met with representatives of the Rubber Manufacturers’
Association (RMA), the Portland Cement Association (PCA), and the Cement
Kiln Recycling Coalition (CKRC).  Representatives from these
organizations discussed the recent court decision (NRDC v. EPA,  D.C.
Circuit 2007) which held that section 129 of the CAA requires regulation
for any unit that burns “solid waste” under RCRA (including burning
for energy recovery).  The representatives stated that this decision
will cause a major disruption of scrap tire markets and other high BTU
waste.  Some facilities would cease burning tires and similar materials
due to the added regulatory confusion and burdens of regulation under
section 129.  If that occurs, more scrap tires will be stockpiled or
landfilled, and there will be more air pollution from scrap tire fires. 
They stated that OSWER could help solve this problem by defining scrap
tires and similar wastes bound for energy recovery to be outside the
definition of “solid waste” under RCRA.  

Bob Dellinger and Matt Hale then described how changing the definition
in the manner suggested could affect the regulation of solid and
hazardous waste in other areas, especially municipal solid waste or
hazardous waste burned for energy recovery.  The representatives from
RMA  suggested possible criteria for “walling off” this exclusion so
that it would not affect other materials, such as a requirement that the
waste in question be homogenous or that it have a threshold BTU value. 
Matt Hale stated that this idea could be promising except that such
rulemakings tended to be very resource and labor-intensive.  The
industry representatives said that they had no objection to scrap tires
and other materials being regulated as solid wastes up until the time
they entered the energy recovery unit.  

Matt Hale said that he would consult with states to get their input on
this issue, and that OSW would continue its discussions with OAR. The
industry representatives agreed with this approach, but stated that
facilities considering burning tires for energy recovery would need to
know how their facilities would be regulated before they could plan
operations. 

Attendees were:

OSW:  Matt Hale, Bob Dellinger, Lillian Bagus, Truett DeGeare, Jesse
Miller, Frank Behan, Mike Galbraith, Sonya Sasseville, Tab Tesnau,
Marilyn Goode, and Beth Zelenski.  

RMA:  Tracy Norberg

PCA:  Tyrone Wilson

CKRC:  Michelle Lusk

Law Offices of David Novello: David Novello, representing RMA, PCA, and
CKRC.   

