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.
If a material remains within the control of the generator, it is not considered "discarded." Also, in response to numerous comments from the cement industry and others, the NHSM rule provides that whole tires from an established collection service are not considered "abandoned," and therefore not "discarded." 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. Similarly "resinated wood" used in a combustion unit is not considered to be "discarded." Materials that remain within the control of the generator, tires and resinated wood, however, must still meet the "legitimacy" criteria discussed below.
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.
(4) EPA-HQ-OAR-2003-0119-1970.1, Michael Benoit, Cement Kiln Recyding Coalition, Comment on Proposed CISWI Rule.
The American Foundry Society (AFS), Schaumburg, I11., and its member companies advocated heavily for the industry with data on the increase to their operational and capital costs if these thermal sand reclaimers were considered CISWI units.
EPA now has indicated the 2000 CISWI standards do not apply to thermal sand reclamation units because of an existing exemption for "parts reclamation units." EPA indicated the 2011 CISWI standards do not apply because EPA did not establish standards for thermal sand reclamation units.
As a result of EPA's applicability determination, CISWI standards do not apply to thermal sand reclamation units.