NACWA Request for Comment Period Extension – SSI MA CT November 18, 2010 Page 1 of 2

EXECUTIVE COMMITTEE

PRESIDENT

Jeff Theerman

Executive Director

Metropolitan St. Louis

Sewer District

Saint Louis, MO

VICE PRESIDENT

David R. Williams

Director of Wastewater

East Bay Municipal

Utility District

Oakland, CA

TREASURER

Suzanne E. Goss

Government Relations Specialist

JEA (Electric, Water & Sewer)

Jacksonville, FL

SECRETARY

Julius Ciaccia, Jr.

Executive Director

Northeast Ohio Regional

Sewer District

Cleveland, OH

PAST PRESIDENT

Kevin L. Shafer

Executive Director

Milwaukee Metropolitan

Sewerage District

Milwaukee, WI

EXECUTIVE DIRECTOR

Ken Kirk November 18, 2010

Peter Tsirigotis

Director Sector Policies and Programs Division Office of Air Quality Programs and Standards U.S. Environmental Protection Agency

Mail Code D205-01 Research Triangle Park, NC 27711

Dear Peter,

The National Association of Clean Water Agencies (N ACWA) respectfully requests a thirty (30) day extension of time for su bmitting written comments in response to the proposed Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewag e Sludge Incineration (SSI) Units (Proposed Standards) published by the Environmental Protection Agency (EPA) in the Federal Register on October 14, 2010 (75 Fed

. Reg . 63260). NACWA represents the interests of the nation’s publicly o wned wastewater treatment agencies. For many communities, incineration conti nues to be the top choice for managing sewage sludge. NACWA is very concerne d about the impact the proposed new source performance standards and emiss ion guidelines will have on the already limited options local governmen ts have for managing sludge, and believes more time is needed to ensure the proposed rule accurately reflects current emission levels and the costs associated with meeting the limits.

Wastewater utilities have only three main managemen t options for sewage sludge – land application, landfill, and incinerati on. Approximately 20 percent of the sludge generated annually in the Uni ted States is managed via

incineration. After careful consideration of the other management alternatives, cost, and environmental impact, utili ties that incinerate chose to design their plant and treatment operations based o n an understanding that incineration was the best option for their communit y. EPA’s proposal

assumes that some of these communities will abandon the capital investments they have made in their SSIs and instead send their sludge to a landfill. For those who choose to upgrade their units, EPA has es timated the cost at overNACWA Request for Comment Period Extension – SSI MA CT November 18, 2010 Page 2 of 2

$200 million. While NACWA believes this figure sig nificantly underestimates the true costs that will be borne by these municipalities, even this estimat e underscores the significance of the proposal. Forty-five days to review a rule of this magnitude is simply insufficient.

Based on even the cursory review that we have been able to conduct so far on the voluminous background materials supporting EPA’s rule, there a re a number of incorrect assumptions that have been made, a systemic overestimation of baseline em issions, and errors in the costs for landfilling th at could increase those estimates by a factor of four. The municipal wastewater community must have enough time to complete its review of these materia ls in order to provide the Agency with meaningful input.

NACWA understands the realities of court-ordered de adlines, but also understands that EPA can ask

for more time from the court. Executive Order 1286 6 directs agencies like EPA to “afford the public a meaningful opportunity to comment on any proposed r egulation, which in most cases should include a comment period of not less than 60 days.” Given the technical nature of this proposal and the potential impact, NACWA believes the Agency should at a minimum provide a total of 60 days for public comment on the Proposed Standards. NACWA be lieves that providing an appropriate comment period for a rule of such magnitude is a co mpelling reason to seek an extension of the courtordered deadline.

Thank you for considering NACWA’s request for a thi rty day extension to the comment period. At a
minimum, NACWA believes EPA should extend the Novem ber 29, 2010 deadline by 15 days to provide for a 60-day comment period on the Proposed Standar ds.

Sincerely,

Ken Kirk

Executive Director

cc: Robin Dunkins, OAQPS Amy Hambrick, OAQPS Susmita Dubey, OGC