MEMORANDUM
SUBJECT: 	6-18-12 Phone Conversation with AF&PA
FROM:		Marc Thomas
      Office of Resource Conservation and Recovery
TO:		Docket ID No. EPA-HQ-RCRA-2008-0329
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On June 18, 2012, EPA, represented by Suzanne Rudzinski, Director of the Office of Resource Conservation and Recovery, and Jim Berlow, Director of ORCR's Program Implementation and Information Division, had a phone conversation with Tim Hunt and Susan Bodine of the American Forest and Paper Association (AF&PA).  Below are the key issues raised during this call.  EPA asked clarifying questions.

 
1) Pulp and Paper WW Treatment Sludges: 
	- EPA should not be considering how sludges that are not burned are managed
      - Rule does not apply to sludges except when burned; therefore we must only consider if discard is occurring when burned
	- Sludges are managed like analogous wastes such as bark; rule says analogous is the test

2) OCC Rejects (aka paper processing residuals) 
      - Should be considered for a regulatory determination or preamble language saying this material appears to meet legitimacy

3) C&D Materials that are not initially clean but have been processed
	- Industry has defined practices that should assure effective processing to meet legitimacy
      - EPA should provide reg determination or preamble language saying this material appears to meet legitimacy when processed in this manner

4) Treated Wood
      - EPA should provide reg determination or preamble language saying this material appears to meet legitimacy

5) Contained Gas:
      - Industry concerned about generic impacts of RCRA waste finding on gases in pipes (not just NHSM materials)
      - Concerned with materials being transported by pipe for incineration/destruction by air emission controls (maybe other destruction scenarios), not just energy recovery
      - Only workable/defensible solution is to state that RCRA position is that contained gas is gas in container when combusted  
	 	
