If the alternative fuel/material is considered to be a solid waste, then the Cement NESHAP would no longer apply, and the kiln would instead be subject to the CISWI rule.
Furthermore, the CISWI rule emission limits, as finalized, are not designed to address the various modes of kiln operation.
When EPA first promulgated regulations establishing emission standards for CISWI units in 2000, rather than determining what constitutes solid waste, the rule sought to define CISWI units as any unit using non-hazardous solid waste that did not recover energy.
Tires from a landfill, however, would be considered "discarded" under the rule, and those tires would need to meet the requirements of Option C to avoid being regulated under CISWI.
While the CISWI rule sets air emission limits for only nine pollutants as required under the CAA, EPA (through the solid waste rule) is requiring evaluation of those nine plus 188 other pollutants.
Numerous groups submitted petitions under the procedures of the Administrative Procedures Act for EPA to delay the effective date of the NHSM rule where "justice so requires" due to the intimate tie between CISWI and the Cement MACT (either stayed or at least portions under reconsideration) and the ambiguities of the NHSM rule.
If enacted, these bills would essentially "trump" the NHSM and CISWI rules.
Once the CISWI rule becomes effective and a compliance deadline established, cement kiln operators will need to quickly determine whether any alternative fuels or ingredients being used constitute solid waste.
1, Michael Benoit, Cement Kiln Recyding Coalition, Comment on Proposed CISWI Rule.