DATE:  	December 27, 2011
TO:		The Record --  Docket  #   EPA-HQ-RCRA-2008-0808
FROM:	Elaine Eby, Environmental Scientist, MRWMD, ORCR, EPA
SUBJECT:	Conversations with American Petroleum Institute and Gasification Technology 			Council Regarding Use of the Petroleum Exclusion found at 40 CFR 				261.4(a)(12)(i).

On Tuesday, October 25, 2011, I contacted Derek D. Swick of the American Petroleum Institute and Robert Childress of the Gasification Technology Council.  The purpose of this communication was to inquire as to whether they were aware of any petroleum refinery  currently using the gasification exclusion for oil-bearing hazardous secondary materials found at 40 CFR 261.4(a) (12)(i).  Mr. Swick answered that, in canvassing his members, he was unaware of anyone claiming to be using the exclusion.  Mr. Childress referred me to Rob Childress, also of the Gasification Technology Council, who after some checking, responded that he was unaware of any petroleum refinery currently using the exclusion.  
