Comment submitted by David B. Haldeman, Administrator, Waste Management Division, Nebraska Department of Environmental Quality

Advanced Notice of Proposed Rulemaking Identification of Non-Hazardous Materials That Are Solid Waste Environmental Protection Agency Mail code: 2822T 1200 Pennsylvania Ave., NW Washington, DC 20460 Attention Docket ID No. EPA-HQ-RCRA-2008-0329 The Nebraska Department of Environmental Quality (NDEQ) would like to take this opportunity to make a few general comments on the above-mentioned Advanced Notice of Proposed Rulemaking (ANPRM). Overall, while we are not opposed to making energy and material recovery easier, we would need to first evaluate how EPA intends to implement these regulations before commenting further. Primarily, NDEQ is curious as to how EPA intends to implement such a proposal under RCRA. Nebraska has already received program approval to implement its integrated waste management program, and would not necessarily be interested in adopting regulations that could exempt such a large portion of materials from regulation (see footnote 2 on page 44 of the ANPRM: post-consumer material, post-industrial material, and scrap). If EPA is proposing to mandate that states reduce the scope of their solid waste regulations, we believe this to be inappropriate. NDEQ will withhold further comment on the technical aspects of the ANPRM until we know more about the proposed method of implementation. Additionally, the proposed rulemaking was offered by EPA in response to problems that may need to be corrected in Clean Air Act regulations. We are hoping that there are better mechanisms for solving these problems than exempting such a large portion of materials from the definition of solid waste. The NDEQ Air Division does not currently see a need to implement regulations such as those proposed in the ANPRM. Thank you for your time and consideration. If you have further questions, please contact Bill Gidley of my staff at (402) 471-4210. David B. Haldeman, Administrator Waste Management Division