AF&PA Urges EPA to Make Changes to Non-Hazardous Secondary Materials Rule

July 13, 2011 - American Forest & Paper Association President and CEO Donna Harman issued the following statement regarding the Environmental Protection Agency’s (EPA) Comparable Contaminant Guidance Concept Paper for the Non-Hazardous Secondary Materials (NHSM) rule.

"While EPA’s actions show an acknowledgment of the serious problems within the NHSM rule, there is no substitute for making the necessary changes to the rule itself. If the rule is not corrected, millions of tons of carbon-neutral biomass materials would be diverted to landfills, and replaced with fossil fuels at the expense of the environment and critically needed jobs.

"The use of guidance documents to amend the final regulation will not provide the legal certainty necessary to make job sustaining investments in our facilities. We remain committed to working with EPA toward improved rules and urge the Agency to propose amendments to fix the rule through notice and comment as required by the Administrative Procedure Act. Quick legislative action to restore the longstanding status of alternative fuels as important and legitimate sources of energy for boilers will help to ensure achievable and affordable regulations. We urge Congress to pass H.R. 2250. We believe environmental protection and job creation can work together but Congress must stay the NHSM rule and give EPA the time it needs to produce a workable rule."