1 MEMORANDUM
TO: Toni Jones , U.S. Environmental Protection Agency
FROM: Eastern Research Group, Inc.
DATE: November 16 , 2012
SUBJECT: CISWI Data Revisions s ince Reconsideration Proposal



## 1. B ACKGROUND
The U.S. Environmental Protection Agency, under section 129 of the Clean Air Act (CAA), is required to regulate emissions of nine pollutants from Commercial and Industrial Solid Waste Incineration (CISWI) units: hydrogen chloride (HCl), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), particulate matter (PM), dioxins/furans (PCDD/PCDF), nitrogen oxides (NO X ), and sulfur dioxide (SO 2 ).
On December 1, 2000, the EPA adopted new source performance standards (NSPS) and emis sion guidelines (EG) for CISWI units under Sections 111 and 129 of the Clean Air Act. In 2001 the EPA granted a petition for reconsideration regarding the definitions of "commercial and industrial waste" and "commercial and industrial solid waste incinera tion unit." In 2001, the United States Court of Appeals for the District of Columbia Circuit granted the EPA’s voluntary remand, without vacatur, of the 2000 rule. In 2005, the EPA proposed and finalized the commercial and industrial solid waste incinera tion definition rule which, among other things, revised the definitions of "commercial and industrial waste" and "commercial and industrial waste incineration unit." In 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the 2005 commercial and industrial solid waste incineration definition rule.
On March 21, 2011, the EPA promulgated revised NSPS and EG as its response to the voluntary remand that was granted in 2001 and the vacatur and remand of the commerci al and industrial solid waste incineration definition rule in 2007. In addition, the standards re

- development included the 5

- year technology review of the new source performance standards and emission guidelines required under Section 129. Following that action, the Administrator received petition[s] for reconsideration and identified some issues that warranted further opportunity for public comment. In addition, data were received that enabled the EPA to revise the CISWI inventory of waste

- burning kilns and energy recovery units to more accurately reflect the definition of non

- hazardous secondary materials. On December 23, 2011 the EPA published proposed amendments that incorporated these changes and allowed public comment on specific issues identified for reconsideration.

This memorandum summarizes the activities associated with u pdates to the CISWI data set since the December 2011 reconsideration proposal

. Details regarding reviews and updates made after the March 2011 promulgation but before the Dece mber 2011 proposal are detailed in a separate memorandum. 1

1 “CISWI Reconsideration

- Data Review and Updates” Memorandum from Eastern Research Group, Inc. to Toni Jones, EPA. November 18, 2011.2 

## 2. I NVENTORY 

## C HANGES
Three combustion units that were initially added to the CISWI energy recover y unit ( ERU ) inventory during the reconsideration were re tracted from the inventory after the comment period . Comments received by Covanta, parent company of Wheelabrator Shasta Energy Company (Anderson, CA), indicated that the previous information received regarding the three Wheelabrator units was outdated and that no waste material is burned in those units. One unit in the coal

- burning ERU subcategory (TNPackagingCorpCounce Combination boiler #2) was removed from the CISWI inventory because the facility established that the secondary materials combusted in the unit met the legitimacy c riteria for a fuel.
One unit from National Cement’s Ragland, AL, facility was added to th e waste

- burning kiln inventory based on information received regarding the Portland Cement NESHAP applicability to the unit. In a request for a stay of the Portland Cement NESHAP, the Nationa l Cement Company of Alabama stated that the unit burned solid waste ; therefore, the unit is subject to CISWI

. T he letter from EPA Assistant Administrator Gina McCarthy to Congressman Spencer Bac hus, included as Appendix A, provides documentation and additional details for this inventory revision

. Additionally, one unit from Lehigh Cement ’s Union Bridge, MD facility, was removed from the inventory based on the company’s public comments to the Port land Cement NESHAP (Doc ument ID: EPA

- HQ

- OAR

- 2011

- 0817

- 0482 ) that the kiln did not burn any materials that are characterized as waste

. The small, remote incinerator inventory was also updated after the comment period, based on an updated list of known small remote incinerators provided by Alaska Oil and Gas Association . The list is included in App endix D

. O ne small remote unit was removed from the CISWI inventory
, and 16 new units from 14 facilities were added to the small remote inventory. Additionall y, one unit (AKEntech) was moved from the small remote inventory to the incinerator inventory, because it was determined that the unit was within 25 miles of the nearest municipal solid waste landfill. These changes resulted in a final count of 28 units in the small, remote incinerator subcategory and 27 units in the incinerator subcategory.



## 3. N EW AND 

## R EVISED 

## E MISSIONS 

## D ATA

Additional CEMS data were provided by Eastman Chemical Company for one unit at their Tennessee facility, and these data were incorporated into the limits analyses for coal

- burning ERUs. Data and associated calculations are presented in Appendix B

. The original data submittal can be found in the docket (DCN: EPA

- HQ

- OA R

- 2003

- 0119

- 2640 ).

Additional stack test data were received for several units in the waste

- burning kilns subcategory. New emissions data were extracted for 5 waste

- burning kilns at 3 facilities. Some test reports were for tests already listed in the databa se, and in these cases the reports were reviewed for discrepancies. Extracted test data that was appended or revised in the database are included in Appendix C

. For the Ragland cement kiln, test data from the facility’s ICR survey, originally excluded from the database, was added upon confirmation that the unit should be included in the CISWI inventory. The original survey response files are included in the CISWI docket (Document ID: EPA

- HQ

- OAR

- 2003

- 0119

- 0048 )

.