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 Administrator
UNITED 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 the 

Portland 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