500 New Jersey Avenue, NW

7

th Floor

Washington, D.C. 20001

June 8, 2010

Mr. George Faison

Program Implementation and Information Division

Office of Resource Conservation and Recovery

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460-0002

Ms. Charlene Spells

Natural Resource and Commerce Group

Sector Policies and Programs Division (E-143-03)

U.S. Environmental Protection Agency

Research Triangle Park, NC 27711

Re: Request for Extension to Comment Period for Proposed Rules

Dear Mr. Faison and Ms. Spells: 

I am writing on behalf of the Portland Cement Association (PCA) regarding the EPA 

proposed rules, titled “Identification of Non-Hazardous Secondary Materials that are Solid 

Waste; Proposed Rule” and “Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources; Commercial and Industrial Solid Waste 

Incineration Units; Proposed Rule.” which were published in the Federal Register on Friday, 

June 4, 2010 (75 Fed. Reg. 31844 and 75 Fed. Reg. 31938, respectively). The rules 

propose new criteria for determining whether a material is a solid waste and new emissions 

standards for facilities that incinerate solid waste. 

The cement industry, which is represented in this instance by PCA, has a long history 

of using alternatives to conventional fuels and raw materials and is therefore very interested 

in preparing thoughtful and responsive comments on these related proposals. The cement 

industry’s circumstance is particularly complicated, as the Agency is currently in the midst of 

revising the portland cement national emission standard for hazardous air pollutants

(NESHAP) and the portland cement new source performance standard (NSPS). Reconciling 

the differential impacts of these various regulatory proceedings on the industry will be but 

one significant part of the industry’s effort to prepare comments. 

Beyond the regulatory reconciliation mentioned above, the proposals raise a number 

of significant issues of concern to PCA members, including:

How the scope of the solid waste definition will affect current industry recycling and 

reuse practices
2

The foundation for, and achievability of, the proposed solid waste incinerator 

emission standards

The efficacy of applying the new emission control technologies 

The basis for the economic impact assessments.

Many of these matters are highly technical and will require adequate time to consider, 

collect and review relevant data, and prepare responsive comments. PCA does not believe 

that the 60-day comment period, initiated on June 4, will be of sufficient duration to

accomplish these tasks. 

 

While PCA appreciates the 15-day comment period extension announced yesterday 

(beyond the 45 days in the proposals themselves), the association respectfully requests that 

the Agency extend the comment period by at least an additional 30-days to approximately 

September 3, 2010. This additional time will facilitate a comprehensive review of the 

proposals and their implications, and give PCA adequate time to develop a response of 

value to the agency’s rulemaking processes. 

Thank you for considering the views of PCA on this matter. You may reach me at 

(202) 408-9494 (or aohare@cement.org) to address any questions. 

Sincerely, 

Andrew T. O’Hare

Vice President, Regulatory Affairs