UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

OFFICE OF AIR AND RADIATION



### The Honorable Spencer Bachus U.S. House of Representatives Washington, D.C. 20515

Dear Congressman Bachus:

Thank you for your letter of September 1, 2011, to Administrator Lisa Jackson about the letter we received from National Cement Company of Alabama, Inc. (NCCA) dated June 6, 2011. The NCCA letter concerned the U.S. Environmental Protection Agency's amendments to the national emissions standards for hazardous air pollutants for the Portland cement manufacturing industry (Portland Cement NESHAP) and the standards for the Commercial and Industrial Solid Waste Incinerator (CISWI) rule. The Administrator asked that I respond on her behalf

In your letter, you request that the EPA respond to the NCCA letter. We responded to this letter on September 7, 2011. A copy of our response to NCCA is enclosed. In its letter, NCCA requested a stay of the Portland Cement NESHAP. As noted in our response, the Portland Cement NESHAP will not apply to NCCA's new cement kiln in Ragland, Alabama, unless NCCA decides not to bum solid waste in this new kiln. The EPA sees no reason to stay the Portland Cement NESHAP based on this circumstance.

As explained in our response to NCCA, the CISWJ rule that the EPA issued on March 21, 2011, includes specific emission standards for cement kilns that combust solid waste. NCCA states that its cement kiln in Ragland, Alabama, combusts solid waste. Therefore, the kiln is subject to the CISWI rule and its standards. Although the agency has temporarily stayed the effective date of the CISWI rule, this stay does not change the unit's classification. Portland cement kilns combusting solid waste will be subject to the 2011 CISWI standards for kilns once the temporary stay is lifted. NCCAs understanding 'that it was not subject to the requirements of the Portland Cement NESHAP unless and until it ceased burning solid waste" is thus correct.

Additionally, Portland cement CISWI kilns that are subject to the 2011 CISWI rule (i.e., cement kilns that burn solid waste) are not subject to the 2000 CISWI rule. Such units are energy recovery units under the 2000 CISWI rule, and that rule has no standards for energy recovery units.

Internet Address (URL) . bttp Ilwww epa gov Recycled/Recyclable . Printed with Vegetable Oil Based Inks On l00% Postconsumer, Process Chlorine Free Recycled Paper

### Again, thank you for your letter. If you have any further questions, please contact me or your staff may

call Josh Lewis in EPA's Office of Congressional and Intergovernmental Relations at (202)-564-2095.

ina McCarthy Assistant AdministratorUNITED STATES ENVIRONMENTAL PROTECTION AGENCY VVASHINTON D 0. 20460

Mr. Sid J. Trant Brantley Arant Boult Cumings LLP One Federal Place 1819 Fifth Avenue North Birmingham, Alabama 35203-2119

Thank you for your letter of June 6, 2011, to Administrator Lisa Jackson, concerning the U.S. Environmental Protection Agency's amendments to the national emissions standards for hazardous air pollutants (NESHAP) fi.r the Portland cement manufacturing industry (Portland Cement NESHAP), and the standards for the Commercial and Industrial Solid Waste Incinerator (CISWI) Rule. The Administrator asked that I respond on her behalf.

In your letter, the National Cement Company of Alabama, mc, (NCCA) requests that the EPA stay thePortland Cement NESHAP. Your letter presents the NCCA's uncertainty regarding whether solid wasteburning cement kilns, such as the NCCA's Ragland, Alabama, kiln, are now subject to the Portland Cement NESHAP or the CISWI rule, which was stayed on May 16, 2011.

Because such kilns are subject to the CISWI rule, the EPA sees no reason to stay the Portland Cement NESHAP. The CISWI rule that the EPA issued on March 21, 2011, includes specific emission standards for cement kilns that combust solid waste. NCCA states that its cement kiln in Ragland, Alabama combusts solid waste; as such, this kiln is a CISWI unit that is subject to the CISWI rule and its standards. Although the agency has temporarily stayed the effective date of the CISWI rule, this stay does not change the unit's classification. Portland cement kilns combusting solid waste will be subject to the 2011 CISWI standards for kilns once the temporary stay is lifted. NCCA's understanding, that it was not subject to the requirements of the Portland Cement NESHAP unless and until it ceased burning solid waste" is thus correct.

Additionally, Portland Cement CISWI kilns that are subject to the 2011 CISWI rule (i.e., cement kilns that burn solid waste) are not subject to the 2000 CISWI rule. Such units are energy recovery units under the 2000 CJSWI rule, and that rule has no standards for energy recovery units.

### Again, thank you for your letter. I appreciate the opportunity to be of service and trust the information

provided is helpful.

na McCarthy Assistant Administrator