February 28 , 2014

Mr. George Faison U.S. Environmental Protection Agency
Office of Res ource Conservation and Recovery Ariel Rios Building

1200 Pennsylvania Avenue, NW. Washington, DC 20460

– 0002

Re: 40 CFR P a rt 241 .4 Categorical Exemption Petition for Creosote

- Treated
Railroad Ties , Transmittal of Additional Information

Dear George :

On January 29, 2014 A ll4 Inc. ( ALL4 ) provided a letter to U.S. EPA regarding the request for a 40 CFR P art 241.4 categorical exemption petition for creosote

- treated railroad ties (i.e., crosstie derived fuel

– CDF)

. Th at letter contained information concerning how non

- pulp and paper end use combustors and the processors of CDF would be impacted by a catego rical exemption that is limited in its scope. Since that January 29 th letter, additional information has been developed that U.S. EPA may find helpful as they complete the process of acting on the proposed categorical exemption for CDF. The following information from M

. A

. Energy Resources, LLC (MAER) , a processor and provi der of CDF, is being provided to supplement U.S. EPA’s understanding of the scope of CDF as a valuable fuel.

A s indicated in the January 29 th letter, MAER has firsthand knowledge that there are at least fourteen (14) non

- pulp and paper entities that are c urrently using or could potentially use CDF. T he fourteen (14) entities are in the utility sector and of the fourteen (14) , nine (9) companies are currently firing or have fired CDF within the past
two years. MAER’s information on the pulp and paper and utility source s currently utilizing CDF indicates that several of these sources use between 5 ,000 and 70,000 tons of CDF per year. In addition to the utility sector , the cement industry may become a n industrial sector that routinely utiliz es CDF. Since there are other processors of CDF in addition to MAER, it is reasonable to assume that the actual number of non

- pulp and

paper entities currently utilizing CDF as a valuable fuel is definitely greater than nine (9)

.

The current e nd use combustors are loca ted primarily in the upper M idwest and E astern portion s of the country

. In the Western part of the country, there are limited outlets for CDF; therefore, railroad ties from the west are transported and processed for Midwest
end use combustors.

A lso a s mentioned in the January 29 th letter, sources currently combusting

, or considering combusting CDF will not use CDF if firing the fuel means that the source will become regulated under the Commercial and Institutional Solid Waste Incineration UnitsPage 2 of 2

2/28/2014 Addendum Rev1 02 28 2014 40 CFR Part 241 Final.docx (CISWI) New Source Performance Standards (NSPS). There are significant economic
ramifications associated with the elimination of CDF as a non waste fuel . These ramifications include the sources combusting CDF paying higher fuel cost s as well as the CDF processor s that would lose the investment in their processing operations (as noted in the January 29 th letter a processing site can include $2,000,000 of equipment). In order to minimize the economic disruption that would result from a limited categorical exemptio n, it is requested that a uniform consideration be given to all of the industrial sectors currently combusting or potentially combusting CDF.

On behalf of all of the industrial parties with an interest in the CDF categorical exemption, t he efforts that U .S. EPA has devoted to this important petitioning process are appreciated immensely. Should U.S. EPA require additional information that would assist in the final develop of the proposed CDF categorical exemption, please do not
hesitate to contact me. I may be reached at ( 610 ) 933

- 5246 ext

. 115 or via e

- mail at
dholland@all4inc.com

.

S incerely
All4 Inc.

Dan Holland Principal Consultant

cc: Mike Sorcher ( MAER )
Tim Hunt ( A F&PA )