NACWA Request for Comment Period Extension – SSI MACT

November 18, 2010

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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 (NACWA) respectfully 

requests a thirty (30) day extension of time for submitting written comments 

in response to the proposed Standards of Performance for New Stationary Sources

and Emission Guidelines for Existing Sources: Sewage 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 owned wastewater treatment 

agencies. For many communities, incineration continues to be the top choice 

for managing sewage sludge. NACWA is very concerned about the impact the 

proposed new source performance standards and emission guidelines will 

have on the already limited options local governments 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 management options for sewage 

sludge – land application, landfill, and incineration. Approximately 20 

percent of the sludge generated annually in the United States is managed via 

incineration. After careful consideration of the other management 

alternatives, cost, and environmental impact, utilities that incinerate chose to 

design their plant and treatment operations based on an understanding that 

incineration was the best option for their community. 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 estimated the cost at over 
NACWA Request for Comment Period Extension – SSI MACT

November 18, 2010

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$200 million. While NACWA believes this figure significantly underestimates the true costs that will 

be borne by these municipalities, even this estimate 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 are a number of incorrect assumptions that have 

been made, a systemic overestimation of baseline emissions, and errors in the costs for landfilling that 

could increase those estimates by a factor of four. The municipal wastewater community must have 

enough time to complete its review of these materials in order to provide the Agency with meaningful 

input. 

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

for more time from the court. Executive Order 12866 directs agencies like EPA to “afford the public a

meaningful opportunity to comment on any proposed regulation, 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 believes that providing an appropriate 

comment period for a rule of such magnitude is a compelling reason to seek an extension of the courtordered deadline. 

Thank you for considering NACWA’s request for a thirty day extension to the comment period. At a 

minimum, NACWA believes EPA should extend the November 29, 2010 deadline by 15 days to provide 

for a 60-day comment period on the Proposed Standards. 

Sincerely, 

Ken Kirk 

Executive Director 

cc: Robin Dunkins, OAQPS 

 Amy Hambrick, OAQPS 

 Susmita Dubey, OGC