Exhibit 2 

USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 1 of 22
NACWA Letter to Administrator Jackson 

June 27, 2011 

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

June 27, 2011 

Honorable Lisa P. Jackson 

Administrator 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Ms. Gina McCarthy 

Assistant Administrator, Office of Air and Radiation 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Mr. Peter Tsirigotis 

Director, Sector Policies and Programs Division 

Office of Air Quality Planning and Standards 

U.S. Environmental Protection Agency 

Research Triangle Park, NC 27711 

Richard Ossias, Esq. 

Associate General Counsel for the Air and Radiation Law Office 

Office of General Counsel (Mail Code 2344A) 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Re: Supplement to May 24, 2011 Petition for Reconsideration and Stay of 

the Standards of Performance for New Stationary Sources and Emission 

Guidelines for Existing Sources: Sewage Sludge Incineration Units; Final 

Rule, 76 Fed. Reg. 15372-15454 (March 21, 2011) 

Dear Administrator Jackson: 

On May 24, 2011, the National Association of Clean Water Agencies (NACWA) 

submitted a petition for reconsideration and stay of the EPA action titled 

“Standards of Performance for New Stationary Sources and Emission Guidelines 

for Existing Sources: Sewage Sludge Incineration Units,” 76 Fed. Reg. 15372 (Mar. 

21, 2011) (the “SSI Rule”). The SSI Rule establishes various emission limitations 

and other requirements under CAA section 129 applicable to sewage sludge 

incinerators (SSI). 

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NACWA Letter to Administrator Jackson 

June 27, 2011 

Page 2 of 2 

This letter supplements our May 24 petition in order to inform you of recent events which increase the urgency 

for EPA to grant immediate reconsideration and stay of the SSI Rule. 

Enclosed are copies of information requests from the New York State Department of Environmental 

Conservation (NYSDEC) as received by the sanitation districts serving Albany County, the City of Buffalo, and 

the Town of Tonawanda, New York. Each of these sanitation districts is a member of NACWA and owns and

operates at least one SSI that is subject to the SSI Rule. 

 

In the information requests, NYSDEC is seeking a certification committing each sanitation district either (1) to 

“cease operation” and “render[] inoperable” each facility’s SSIs by no later than March 21, 2012, or (2) to 

upgrade each SSI as necessary to comply with the regulations NYSDEC will promulgate in order to implement 

the SSI Rule. NYSDEC asks the districts to submit these certifications by June 30, 2011 or justify why a later due 

date is necessary. 

The steps that NYSDEC is taking to begin implementing the SSI Rule strongly illustrate the imminent impact 

of the SSI Rule on the municipalities and local clean water agencies who incinerate biosolids. As we presented 

in our petition for reconsideration and stay, several of the SSI emission limitations are overly stringent, in part 

because EPA failed to account for the inherent variability of biosolids feed characteristics. Some municipalities 

predict that no viable control technologies exist that will allow them to incinerate in compliance with the rule. 

Other municipalities have indicated that they do not have the space at their treatment works to accommodate 

additional pollution control equipment. Without immediate action by EPA to stay the SSI Rule, even more 

municipalities like the three sanitation districts in upper New York State will be forced to choose now whether 

to abandon incineration or to commit to the uncertain path of trying to find the means and methods for

complying with these legally flawed requirements. 

 

NACWA requests a meeting to discuss our concerns with the SSI Rule and EPA’s action on our petition for 

reconsideration and stay. We emphasize again the urgency with which EPA needs to take action on NACWA’s 

petition. Unless a stay of the SSI Rule is granted in the very near future, we believe that permanent

environmental harm and significant economic injury to a large number of municipalities will follow as 

communities are forced to make practically irreversible decisions regarding the future of biosolids 

management. 

We will be in touch with your office in the next few days to follow up on this request. Please contact me or Mr. 

Chris Hornback at (202) 833-9106 or chornback@nacwa.org to discuss any questions regarding NACWA’s 

petition or this request. 

Sincerely, 

Ken Kirk 

Executive Director 

Encl. 

cc: Nancy Stoner, U.S. Environmental Protection Agency 

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New York State Department of Environmental Conservation 

Division of Air Resources 

Bureau of Stationary Sources, 2nd Floor 

625 Broadway, Albany, New York 12233-3254 

Phone: (518) 402-8403 • FAX: (518) 402-9035 Joe Martens 

Website: www.dec.ny.gov Commissioner 

May 31,2011 

Mr. Glen Absolom
 

Southtowns STP
 

S-3690 Lakeshore Road
 

Buffalo, NY 14219
 

Southtowns STP
 

9144800012
 

Existing Incinerator / Federal Sewage Sludge Incinerator (SSn Unit Regulation
 

40 CFR Part 60, Subpart MMMM
 

Dear Mr. Absolom: 

As mentioned in Steve Johnson's May 21, 2011 phone call to you, the Environmental 

Protection Agency (EPA) published as a [mal Rule, 40 CFR Part 60, Subpart MMMM ­

Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units 

(Guidelines). You can view the final Rule, Fact Sheets and other technical support information 

(cost information for typical upgrades, etc to meet the Guidelines) at EPA's TTN website: 

www.epa.gov/ttn/atw/129/ssi/ssipg.html. 

For your reference, 1have enclosed a copy of the EPA Fact Sheet which provides a 

general overview of the new SSI requirements. 

The new Guidelines establish mandatory limits for nine air pollutants: particulate 

matter (PM), sulfur dioxide (S02), hydrogen chloride (HCI), nitrogen oxides (NOx), 

carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins/furans. The 

Guidelines also establish an opacity limit as well as very specific requirements for initial 

and annual performance testing, operator training, record keeping and reporting, and 

compliance monitoring, 

In accordance with the federal Clean Air Act, New York State, through the 

Department of Environmental Conservation (DEC) is required to implement the 

requirements of the Guidelines, and we are now trying to establish if any existing SSI 

units in New York State intend to continue operation under the new Guideline 

requirements. 

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Any facility that plans to continue operation of an SSI unit will be required to: 

•	 meet a retrofit compliance schedule that would be incorporated into a future State 

regulation,
 

• obtain a Title V pennit,
 

•	 be in compliance with the new Guidelines within three (3) years of EPA's 

approval of a New York SSI State Plan (which is due to EPA by March 21, 2012), 

or by March 21, 2016 whichever is earlier, 

To assist the DEC in planning on how to address EPA's new SSI Guidelines, it is 

requested that you advise the DEC by June 30, 2011 of your plan to either upgrade your 

existing SSI unites) to meet the new Guidelines, or shutdown and render inoperable your 

SSI unites) no later than March 21, 2012, It is imperative that the DEC receive a finn 

commitment regarding your future SSI operational plans, To assist you in this regard, I 

have enclosed a one page certification fonn (Sewage Sludge Incinerator Unites) - Notice 

of Operational Intent) for your use in notifying the DEC of your intended plans. If you 

need additional time (for investigation, analysis, etc.) and cannot respond by June 30, 

2011, indicate on the fonn your reason and a projected response d'ate. 

Thank you for your attention to this matter. If you have any questions, please 

contact Steve Johnson at (518) 402-8403, or your NYSDEC Regional office. 

Sincerely, 

ROW-~ Director, Bureau of Stationary Sources 

Division of Air Resources 

Enclosures 

cc:	 Regional Air Pollution Control Engineers 

Steve Johnson 

John Henkes 

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New York State Department of Environmental Conservation
 

Division of Air Resources
 

Bureau of Stationary Sources, 2nd Floor 

625 Broadway, Albany, New York 12233-3254 

Phone: (518) 402-8403 • FAX: (518) 402-9035 Joe Martens 

Website: vvww.dec.nygov Commissioner 

Sewage Sludge Incinerator (SSI) Unites) 

Notice of Operational Intent 

DEC ID#: 9144800012 

Mr. Glen Absolom
 

Southtowns STP
 

S-3690 Lakeshore Road
 

Buffalo, NY 14219
 

(Please report facility information as it exists on NYSDEC pennit)
 

SSI Unit Manufacturer
 

Model NamefNumber
 

Type (MH or FB)
 

Emission Point ID# 

In response to NYSDEC's May 27, 2011 letter, be advised as follows: 

(Check one) 

J I , authorized representative for Southtowns STP do 

hereby certify that the SSI unites) currently permitted at the above referenced facility will cease operation and be rendered 

inoperable no later than March 21, 2012. 

o I , authorized representative for Southtowns STP do 

hereby certify that the SSI unites) currently permitted at the above referenced facility will be upgraded in accordance with the 

regulations to be promulgated by NYSDEC to comply with the requirements of federal 40 CFR Part 60, Subpart MMMM. 

I , authorized representative for Southtowns STP 

cannot respond by June 30lb , 2011 because of the following: 

Authorized Representative: 

Title: 

Signature: IDate: 

Note: Please send the original of this completed form, CERTIFIED MAIL to: Robert Stanton P.E., Director, Bureau of 

Stationary Sources, NYSDEC, 625 Broadway, Albany, NY, 12233, and a copy to your local NYSDEC office, Regional Air 

Pollution Control Engineer, Division of Air Resources. 

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FACT SHEET
 

FINAL STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES AND
 

EMISSION GUIDELINES FOR EXISTING SOURCES:
 

SEWAGE SLUDGE INCINERATORS
 

ACTION 

•	 On February 21,2011, the Environmental Protection Agency (EPA) finalized new source 

performance standards (NSPS) and emission guidelines (EG) for new and existing sewage 

sludge incineration (SSf) units. The rule will reduce emissions of air toxics and several of 

the common pollutants called criteria pollutants. The rules are expected to impact 204 units. 

•	 The final rule will reduce emissions of a number of toxic air pollutants, including mercury, 

other metals and organic air toxics, which include dioxins/furans. Toxic air pollutants, also 

known as hazardous air pollutants or air toxics, are those pollutants known or suspected of 

causing cancer and other serious health effects 

•	 A SS] unit is an incinerator or combustion device that is used to burn dewatered sewage 

sludge. SS] units are typically located at wastewater treatment facilities. 

FINAL REQUIREMENTS 

•	 The final rules cover two SSI subcategories based on the type of incinerator: multiple hearth 

(MH) and fluidized bed (FB). 

•	 Units incinerating sewage sludge at other types of facilities (e.g., commercial, industrial, and 

institutional) will be covered under different air pollution incineration standards. 

•	 The rules establishes emission limits for nine pollutants emitted from the regulated SSI units: 

o	 mercury 

o	 lead 0 carbon monoxide 

o	 cadmium 0 dioxins/furans 

o	 hydrogen chloride 0 nitrogen oxides 

o	 particulate matter 0 sulfur dioxide 

•	 The rules also require provisions for testing, monitoring, recordkeeping, reporting and 

operator train ing. 

BENEFITS AND COSTS 

•	 EPA estimates that there are approximately 204 SSI units operating in the United States. The 

Agency expects that 155 of these units are currently meeting the emissions limits. Forty will 

need to install one or more air pollution control device. In the next five years, EPA 

estimates that there could be two new SSI unit constructed. 

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•	 These emissions reductions will lead to signi ficant annual health benefits. In 2015, this ru Ie wi II 

protect pub! ic health from exposure to firie particles by avo id ing: 

o	 2 to 6 premature deaths, 

o	 2 cases of chronic bronchitis, 

o	 4 nonfatal heart attacks, 

o	 4 hospital and emergency room visits, 

o	 4 cases of acute bronchitis, 

o	 81 cases of respiratory symptoms 

o	 320 days when people miss work, 

o	 42 cases of aggravated asthma, and 

o	 1,900 days when people must restrict their activities. 

•	 EPA expects this rule will reduce nationwide emissions from SST by: 

o	 4 pounds per year of mercury, 

o	 450 tons per year (tpy) of acid gases (ie., hydrogen chloride and sulfur dioXide), 

o	 58 tpy of particulate matter, and 

o	 1.7 tpy of cadmium and lead. 

•	 EPA estimates that the value of the benefits associated with reduced exposure to fine particles are $21 

million to $52 million in the year 2015. 

•	 EPA did not provide a monetary estimate of the benefits associated with reducing exposure to air 

toxics or other air pollutants, ecosystem effects, or visibility impainnent. However, the rule would 

cut emissions of pollutants that are of particular concern for children. Mercury and lead can 

adversely affect developing brains - including effects on TQ, learning, and memory. 

•	 EPA estimates that all facilities will choose to continue to incinerate as a method of disposal. 

EPA recognizes that should a facility choose an alternative method of disposal, that decision 

is based on local needs. 

•	 Installing and maintaining controls for this rule is estimated to cost $18 million per year. 

KEY CHANGES FROM PROPOSAL 

•	 Key changes based on information and comments received on the proposal include: 

o	 clarifying the applicability to stat~ that this rule applies only to sources that combust 

sewage sludge at wastewater treatment facilities treating domestic sewage sludge; 

o	 revising the subcategories for new multiple hearths (MH) to be consiste~t with the 

subcategory for existing MH; 

o	 revising the baseline emissions, costs, and impacts based on new information received. 

This revision resulted in a determination that the beyond-the-tloor emission limits for 

mercury for the MH subcategory were no longer cost-effective; and 

o	 revising the requirements for opacity to no longer require opacity for sources subject to 

parametric monitoring and annual testing. 

ADDITIONAL ANALYSES 

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•	 The Clean Air Act (the Act) requires EPA to set a minimum emission standard for each 

regulated pollutant. The Act allows EPA to adopt emissions limitations and requirements that 

are more stringent than the minimum requirement. When considering more stringent 

standards, EPA must consider costs, non-air quality health and environmental impacts and 

energy requirements. 

•	 EPA conducted an analysis to determine whether it was appropriate to finalize more stringent 

standards for pollutants (mercury and carbon monoxide) emitted from this industry as 

proposed. Based on information received from public commcnts and results of EPA's final 

analysis, the Agency determined that a standard that is more stringent for certain pollutants 

emitted from multiple hearth incineration units would not be appropriate to finalize as 

indicated in the proposed standards. 

SEPARATE BUT RELATED ACTIONS 

•	 EPA has finalized a rule that would reduce emissions of toxic air pollutants from new and 

existing industrial, commercial, and institutional boilers and process heaters located at major 

source facilities. A major source facility emits or has the potential to emit 10 or more tons 

per year (tpy) of any single air toxic or 2S tpy or more of any combination of air toxics. 

•	 EPA has finalized a rule to reduce emissions of toxic air pollutants from new and existing 

industrial, commercial, and institutional boilers and process heaters located at area source 

facilities. An area source facility has the potential to emit less than 10 tpy of any single air 

toxic or less than 2S tpy of any combination of air toxics. 

•	 EPA has also finalized a rule to reduce air toxics from Commercial and Industrial Solid 

Waste Incinerators (CIS WI). This final rule reflects the Agency's final definition of nonhazardous solid waste. 

•	 EPA has finalized a definition of non-hazardous solid waste to include sewage sludge. This 

determination establishes that facilities that burn sewage sludge will be regulated as 

incinerators under CAA section 129 rather than CAA section 112. 

•	 EPA also will issue a notice announcing that it will "reconsider" certain aspects of the boiler 

and CISWl rules. The SSI rule is not part of the reconsideration. The final boiler and CISWl 

rules reflect reasonable approaches consistent with the requirements of the Clean Air Act. 

However, some of the issues identified in the comments on our April 2010 proposals raised 

difficult technical issues that the Agency believes would benefit from additional public 

involvement. EPA is in the process of developing a proposed rule that will request additional 

comment on: 

o	 specific elements of the final rules that would benefit from additional public review 

and comment, and 

o	 any provisions that EPA proposes to modify or add after more fully evaluating the 

data and comments already received. 

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EPA will fully evaluate any petitions submitted to the Agency requesting that we reconsider 

specific aspects of these rules. Additional issues may be added for reconsideration as 

appropriate. Through the reconsideration process, EPA intends to ensure that the standards 

wi II protect the health of aII Americans and be practica I to imp lement. 

BACKGROUND 

•	 Section 129 of the Clean Air Act requires EPA to develop and adopt NSPS and EG for solid 

waste incineration units including SSI. This is the first time EPA has regulated SST units 

under section 129 of the CAA. 

•	 EPA issued standards for other solid waste incineration (OSWI) units on December 16, 2005. 

The OSWl rule established numerical emission limits for very small municipal waste 

combustion and institutional waste incineration units. 

•	 Following the finalization of the OS WI rule, EPA received a petition for reconsideration 

asking that SST and other units be covered under the oswr rule. In January 2007, EPA took 

final action on the reconsideration and concluded that no changes to OSWl were necessary. 

•	 Tn 2007, the U.S. Court of Appeals for the District of Columbia Circuit vacated and 

remanded the 2005 Commercial and Industrial Solid Waste Incineration (CISWI) definition 

rule. 

•	 On June 4,2010, EPA's Office of Solid Waste and Emergency Response (OSWER) 

proposed a new definition of solid waste. OSWER detennined that sewage sludge is a solid 

waste. This determination established that sewage sludge incineration will be regulated 

under CAA section 129 rather than CAA section 112. This final rule reflects the Agency's 

final definition of non-hazardous solid waste. 

FOR MORE INFORMATION 

•	 To download this final rule from EPA's website, go to: 

http://www.epa.gov/airqualit):Jcombustion/actions.html. 

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

http://wVo.f\v.regulations.gov, EPA's electronic public docket and comment system, or in 

hardcopy at the EPA Docket Center's Public Reading Room. 

o	 The Public Reading Room is located at EPA Headquarters, Room Number 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 through an X-ray 

machine as well. Visitors will be provided a badge that must be visible at all times. 

o	 Materials for this proposed action can be accessed using Docket TO No. EPA-HQ-OAR2009-0559. 

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• For further information about the proposed rule, contact Ms. Amy Hambrick of EPA's Office 

of Air Quality Planning and Standards, Sector Policies and Programs Di:vision, Natural 

Resources and Commerce Group at (919) 541-0964 or bye-mail at hambrick.amy@epa.gov. 

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