June 21, 2009

VIA EMAIL

Amanda Geldard

Office of Resource Conservation and Recovery

Materials Recovery and Waste Management Division, MC 5304P

Environmental Protection Agency

1200 Pennsylvania Ave., NW

Washington, D.C. 20240

geldard.amanda@epa.gov

Re:  Request for extension of the comment period for the Definition of
Solid Waste Rule

Dear Ms. Geldard:

I respectfully request that the Environmental Protection Agency (EPA)
provide the public with an additional thirty (30) days in which to file
comments pertaining to the Definition of Solid Waste Rule.  The purpose
of this extension would be to afford the public a reasonable opportunity
to respond to the detailed comments in the docket and to the testimony
presented at the June 30, 2009 public meeting.  The close of the public
comment period on July 14, 2009 does not afford an adequate opportunity
for full and meaningful public input.

The EPA announced on May 27, 2009 that it would conduct a public meeting
regarding the Definition of Solid Waste Rule promulgated under Subtitle
C of the Resource Conservation and Recovery Act (RCRA).  74 Fed. Reg.
25200.  According to the federal register notice, EPA decided that “it
would be advisable to hear from a broader range of stakeholders before
making a decision” on whether to repeal or revise the rule.  Id. at
25202.  The Agency “determined that a public meeting, with
opportunities to provide comments both verbally and in writing, is an
efficient and transparent method for obtaining public input.”  Id.  We
agree that public meetings and the opportunity to submit written
comments can be effective in providing robust and meaningful input to
Agency decision makers.

However, the Agency in this case has offered the public only one public
meeting in Arlington, Virginia.  Because of resource constraints on
state employees, nonprofit organizations and affected citizens, this
affords only a very few the opportunity to present oral comments. 
Further, the agency only afforded the public approximately 45 days to
submit written comments.  This is an insufficient period of time given
the complexity of the issues raised by the final rule, which, together
with the preamble, comprise over 120 pages.  See Revisions to the
Definition of Solid Waste, 73 Fed. Reg. 64668 (October 30, 2008).

Furthermore, in the May 27, 2009 federal register notice, the EPA
alerted the public to new documents in the docket pertaining to the
Definition of Solid Waste Rule.  74 Fed. Reg. at 25202.  In view of
these new documents, the complexity of the issues presented, and the
significance of the rule to the protection of health and the environment
nationwide, the Agency should extend the opportunity to submit written
comments for an additional 30 days. 

An extension of the public comment period will allow the EPA to receive
comments from groups and individuals from across the country, who, as a
result of limited resources, cannot attend the public meeting in
Virginia and who need additional time to assemble comments on this
complex rule.  It is our hope that in weighing the merits of a comment
period extension, the EPA will acknowledge the great value of receiving
a broader diversity and depth of comments and will recognize that such
an extension will not cause undue delay to the Agency’s
decision-making process.  

Thank you in advance for your consideration of this request.

Sincerely,

/s/ Lisa Evans

Lisa Evans

Attorney

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