OMB EMAIL CORRESPONDENCE (2 of 4) 

*Note: The final cost memo and related attachments are available separately in the CISWI docket. 

From:

Amy Hambrick/RTP/USEPA/US

To:

"Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

Cc:

David Cozzie/RTP/USEPA/US@EPA, Thomas Gillis/DC/USEPA/US@EPA

Date:

06/12/2012 01:18 PM

Subject:

Re: EO 13563 Interagency Comments on CISWI rule

HI Cortney, 

(1)Changes since proposal in fact sheet format

(See attached file: 5 CISWI NHSM fact sheet June 11 2012.docx) 

(2) Cost Memo + Attachments 

(See attached file: Compliance Costs Memo_061112.docx)(See attached file: 

CostMemo_Table1_ImprovementNeeded_060812.xlsx)(See attached file: 

CostMemo_Table2_CostsByUnit_060112.xlsx)(See attached file: 

CostMemo_Table3_CostSummary_060112.xlsx)(See attached file: 

CostMemo_Table4_ControlCostInputs_050712.xlsx)(See attached file: 

CostMemo_Table5_ControlCostAlgorithms_061112.xlsx)(See attached file: 

CostMemo_Table6_OtherCosts_050712.xlsx)(See attached file: 

CostMemo_Table7_AlternativeWasteDisposal_050712.xlsx)(See attached file: 

CostMemo_Table8_CostEffectiveness_060812.xlsx)(See attached file: 

CostMemo_Table9_NewSources_050712.xlsx)

(3) List of facilities

(See attached file: CISWI Facility List.docx)

(4) 2010 proposal estimated 176 units while the 2012 draft final estimates 93 units- - what changed

The inventory has changed as a result of (a) NHSM waste definition [this definition essentially identifies units is burning waste and 

therefore subject to CISWI] (b) public comment process providing updates.

(5) OMB Interagency comments: EPA can show you edits responding in a red line version

Regards,
Amy

Amy Hambrick 

Fuels and Incineration Group 

US EPA / OAQPS / Sector Policies and Programs Division 

Phone: 919-541-0964 

"Higgins, Cortney" ---06/08/2012 05:06:39 PM---Hi Amy, Attached are interagency comments under EO 13563 on the CISWI rule. I 

will also send a redl

From:

"Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To:

Amy Hambrick/RTP/USEPA/US@EPA

Cc:

David Cozzie/RTP/USEPA/US@EPA, Thomas Gillis/DC/USEPA/US@EPA

Date:

06/08/2012 05:06 PM

Subject:

EO 13563 Interagency Comments on CISWI rule

Hi Amy,

Attached are interagency comments under EO 13563 on the CISWI rule. I will also send a redline of the preamble on Monday.

Please let me know if you have any questions.

Thanks,

Cortney[attachment "CISWI_InteragencyCommentsunderEO13563_2012_06_07.doc" deleted by Amy Hambrick/RTP/USEPA/US] 

----- Forwarded by Amy Hambrick/RTP/USEPA/US on 06/11/2012 12:11 PM -----

From:

"Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To:

Amy Hambrick/RTP/USEPA/US@EPA

Cc:

David Cozzie/RTP/USEPA/US@EPA

Date:
06/08/2012 04:11 PM

Subject:

RE: CISWI rule -- list of changes from 2011 final rule

Hi Amy,

Just a bulleted list (update) to the “proposed changes” listed on the second page of this FAQ would be appreciated:

http://www.epa.gov/air/oaqps/combustion/docs/20111202ciswifs.pdf

Is there a cost memo that describes the universe estimate? Do you have a list of the facilities? If so, can you send that? The proposed rule had 

176 units --- can you tell me what changed? 

Thanks,

Cortney

From: Amy Hambrick [mailto:Hambrick.Amy@epamail.epa.gov]

Sent: Friday, June 08, 2012 3:29 PM

To: Higgins, Cortney

Cc: David Cozzie

Subject: Re: CISWI rule -- list of changes from 2011 final rule

Greetings Cortney, 

Will a redline of the 2011 rule work for you? We are aware of 93 CISWI units. 

Have a nice afternoon,

Amy

Amy Hambrick 

Fuels and Incineration Group 

US EPA / OAQPS / Sector Policies and Programs Division 

Phone: 919-541-0964 

"Higgins, Cortney" ---06/08/2012 10:12:38 AM---Hi Dave, Do you have a table or list of the changes from the 2011 final rule? 

From:

"Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To:

David Cozzie/RTP/USEPA/US@EPA, Amy Hambrick/RTP/USEPA/US@EPA

Date:

06/08/2012 10:12 AM

Subject:

CISWI rule -- list of changes from 2011 final rule

Hi Dave, 

Do you have a table or list of the changes from the 2011 final rule?

Also, what’s the universe (number of affected sources) in the final rule?

I’ll be sending over interagency comments later today.

Thanks, 

Cortney
1 

FACT SHEET 

COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS: 

RECONSIDERATION AND FINAL AMENDMENTS; NON-HAZARDOUS

SECONDARY MATERIALS THAT ARE SOLID WASTE: FINAL RULE

 

OVERVIEW OF ACTION 

• On Month Date, 2012, the Environmental Protection Agency (EPA) issued amendments to 

the new source performance standards (NSPS) and emission guidelines (EG) for new and 

existing commercial and industrial solid waste incineration (CISWI) units. Additionally, the 

agency is adding amendments and clarifications to certain aspects of the non-hazardous 

secondary materials that are solid waste (NHSM) final rule. 

New Source Performance Standards and EG for New and Existing CISWI Units 

• In this action, EPA is revising emission limits for the waste-burning kiln and energy recovery 

unit subcategories to reflect updated inventories and additional data. 

• EPA conducted a review of air emissions data and updated the non-direct emissions data 

methodology, correcting emission limits for certain pollutants in the incinerator and small 

remote incinerator unit subcategories. 

• EPA is revising monitoring provisions that include removing the oxygen correction 

requirements for carbon monoxide emission limits during periods of startup and shutdown 

and retaining full-load stack test requirements for carbon monoxide coupled with continuous 

oxygen monitoring. 

• EPA is adding amendments and technical corrections to the final rule to provide clarification 

regarding definitions and applicability. 

• As a result of the final amendments, emission reductions of metals and dioxins, acid gasses 

(HCl and SO2), PM, NOx and CO emitted from CISWI units are expected to increase slightly 

from the proposed reconsideration. 

• EPA estimates that, for some units, it is more cost effective to use an alternative disposal 

option. If those units use alternative disposal options and the remainder use add-on controls, 

the total nationwide cost is approximately $812 million. If all 93 CISWI units currently in 

operation use add-on controls, the total nationwide cost for complying with the rule, as 

amended, is approximately $874 million per year. 

• The estimated benefits associated with reduced exposure to fine particles are $460 to $1,100 

million at a 3% discount rate in the year 2015. 

• The proposed amendments do not change the intended coverage of the standards for CISWI 

units. 
2 

NHSM 

• Today’s final amendments clarify and provide direction to facilities applying the legitimacy 

criteria and emphasize the flexibilities already embodied in the rule, while preserving the 

public health protections required by the Clean Air Act (CAA). 

• In particular, the agency is revising the definitions of “clean cellulosic biomass” and 

“contaminants” to clarify the agency’s intent, and in the case of clean biomass, is identifying 

specific materials that EPA believes are included within the current clean biomass definition 

and would thus be considered a traditional non-waste fuel.

• The amendments also identify several NHSM as non-waste fuels where the agency has 

sufficient information and knowledge that such materials are not wastes when burned in 

combustion units. These include (1) scrap tires that are managed under established tire 

collection programs; (2) resinated wood; (3) coal refuse that has been recovered from legacy 

piles and processed in the same manner as currently-generated coal refuse; and (4) dewatered 

pulp and paper sludges burned on-site at facilities that use a significant portion of materials 

as fuels where such dewatered sludges are managed in a manner that preserves the 

meaningful heating value of the materials.

• More information on the NHSM rule can be found at 

http://www.epa.gov/epawaste/nonhaz/define. 

BACKGROUND 

• A CISWI unit is any device that is used to burn solid waste at a commercial or industrial 

facility. Examples of CISWI units include: 

o Units designed to discard solid waste; 

o Energy recovery units designed to recover heat that combust solid waste; and 

o Waste burning kilns that combust solid waste in the manufacture of a product. 

• The CISWI rule covers four CISWI subcategories:

o Incinerators; 

o Energy recovery units; 

o Waste burning kilns; and 

 

o Small, remote incinerators. 

• CISWI units must either comply with the emission limits in the final rule (i.e., install add-on 

controls to capture emissions) or use alternative waste disposal options, such as diverting 

waste to a landfill. 

• On March 21, 2011, EPA promulgated its final response to the 2001 voluntary remand of the 

December 1, 2000, NSPS and EG for CISWI units and the vacatur and remand of several 

definitions by the District of Columbia Circuit Court of Appeals in 2007. The March 21, 

2011 action also included the 5-year technology review of the NSPS and EG required under 

section 129 of the Clean Air Act. This action also promulgated other amendments that EPA 
3 

believes were necessary to address air emissions from commercial and industrial solid waste 

incineration units. 

• On March 21, 2011, EPA published a notice initiating the reconsideration of certain aspects 

of the final rule for CISWI, as well as the final rules for area source industrial, commercial 

and institutional boilers and major source industrial, commercial and institutional boilers. 

The final rules reflect reasonable approaches consistent with the requirements of the Clean 

Air Act. However, some of the issues identified in comments on the 2010 proposed rules 

raised difficult technical issues that the agency believed would benefit from additional public 

involvement. In addition, the agency wanted to ensure that the public had ample opportunity 

to comment on changes in the final rule that were not in the proposal. 

• In the March 21, 2011, notice, EPA identified seven issues affecting CISWI for which 

reconsideration should be granted and additional opportunity for public review and comment 

should be given. These included: 

o Revision of the subcategory of energy recovery units; 

o Establishment of limitations on fuel switching provisions; 

o Revision of the definition of CISWI to exclude cyclonic burn barrels; 

o Inclusion of an affirmative defense provision for malfunction events; 

o Revisions to the carbon monoxide monitoring requirements; 

o Establishment of a full-load stack test requirement for carbon monoxide coupled 

with continuous oxygen monitoring for CISWI units; and 

o Establishment of a definition of “homogeneous waste” in the CISWI rule. 

• Following promulgation of the CISWI rule, the Administrator received 17 petitions for 

reconsideration filed by 16 industry groups and one environmental group. In response to the 

petitions, EPA reconsidered and requested comment on several aspects of the final NSPS and 

EG for CISWI units as well as the NHSM rule. We have evaluated the issues raised and have 

made amendments, based on our assessment of data submitted and issues raised. 

FOR MORE INFORMATION

• To download this reconsideration notice from EPA’s website, go to Recent Actions at 

http://www.epa.gov/airquality/combustion. 

• Today’s action and other background information are also available either electronically at 

http://www.regulations.gov, the EPA’s electronic public docket and comment system or in 

hardcopy at EPA’s Docket Center’s Public Reading Room. 

o The Public Reading Room is located at EPA Headquarters, Room 3334, in the 

EPA West Building, 1301 Constitution Avenue, NW, Washington, DC. Hours of 

operation are 8:30 a.m. to 4:30 p.m., eastern standard time, Monday through 

Friday, excluding federal holidays. 

o Visitors are required to show photographic identification, pass through a metal 

detector and sign the EPA visitor log. All visitor materials will be processed 
4 

through an X-ray machine, as well. Visitors will be provided a badge that must be 

visible at all times. 

o Materials for this action can be accessed using Docket ID 

Number EPA-HQ-RCRA-2008-0329. 

• For further information about the CISWI rule, contact Ms. Toni Jones of EPA’s Office of Air 

Quality Planning and Standards, Sector Policies and Programs Division, Fuels and 

Incineration Group, at (919) 541-0316 or by e-mail at jones.toni@epa.gov or Ms. Amy 

Hambrick of the EPA’s Office of Air Quality Planning and Standards, Sector Policies and 

Programs Division, Fuels and Incineration Group, at (919) 541-0964 or by e-mail at 

hambrick.amy@epa.gov. 

• For further information about the NHSM rule, contact Mr. George Faison of EPA’s Office of 

Resource Conservation and Recovery, Program Implementation and Information Division, at 

(703) 305-7652 or by e-mail at faison.george@epa.gov. 
Data: Facility

FacilityID

AKAlyeskaPumpStation5

AKAlyeskaPumpStation7

AKChugachElectricBeluga

AKCoeur

AKCookInletPipeline-DriftRiver

AKEntechAlaska

AKHeclaGreensCreekJuneau

AKKuparukCentral Production

AKOITMooseCreek

AKPioneerNR

AKTeckComincoAlaskaIncRedDogMine

AKUOCCTradingBay

AKXTOEnergy

ALIPRiverdale

ALNationalCement-Ragland

ARDomtarIndustries

ARPlantersCottonOil

CAArmtecdefense

CACAPortlandCementColton

CALehighSouthwestReddingPlant

CAWheelabratorShasta

CTPfizer

FLAscend

FLCemexMiami

GAGreat Dane Trailers

IACNHAmerica

IALafargeBuffalo

IALehighCementMasonCity

ILF&MStateBank

ILFlintHillsResources

ILPolyOne

INCovanceLabsGreenfield

INWabashNational855

KSCNHWichita

KYCooperStandard

LADeltech
Data: Facility

FacilityID

LAInternationalPaperRedRiverMill

LAIPMansfield

LAShellChemical

MDLehighCementUnionBridge

MDSeverstalSparrows

MEHuberEngineeredWoodLLC

MEPioneerPlastics

MILafargeMidwestAlpena

NCGlaxoSmithKline

NDCNHAmerica

NECNHAmericaGrandIsland

NJNovartis

OHWhirlpoolClyde

OKIPValliant

OKPioneerTelephone

ORGPToledo

PAAshlandNevilleIsland

PACNHAmericaNewHolland

PALafargeWhitehallPlant

PALehighCementEvansville

PALehighCementYork

PASmithKlineBeecham

SCCryovac

SCDixieNarco

SCEastmanColombia

SCIFCOSystems

SCINVISTACamdenPlant

SCINVISTASpartanburg

SCTri-CountyPallet

TNEastman_NO_CBIDATA

TNPackagingCorpCounce

TNTempleInland2426

TNVolvoPenta

TXAshGroveMidlothian

TXBASFFreeport

TXHolcimMidlothianPlant

TXInternationalPaperQueenCity
Data: Facility

FacilityID

TXMadix

TXReichhold

TXSterlingChemTexasCity

UTHolcimDevilsSlide

VANewportNewsShipbuildingDryDock

VAQuadrantEPP

VATransInd

WABoeingDevelopmentalCenter

WAEmeraldKalama

WALongviewFPP

WINSPWAshland

WVDuPontWashingtonWorks