By Judy Sheahan
May 24, 2010

EPA proposed four new rules on April 30 dealing with Clean Air and the definition of Solid Waste, and on May 4 proposed a new rule regarding the proper classification for disposal of coal ash, a byproduct of burning coal. Some of these proposed rules may impact city operations and budgets. These rules will be published in the Federal Register and will be open for comment for 45 days for Clean Air and Solid Waste definition rules and 90 days for the coal ash rule. Mayors are encouraged to have their staff read these proposed rules, inform Conference staff how this may impact you, and submit your comments to EPA.

The four rules that were released on April 30, deal with the following:

• Emissions Standards for Area Source Industrial, Commercial, and Institutional Boilers;

• Emissions Standards for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters; and

• Emissions Standards for Commercial/Industrial Solid Waste Incinerators; and

• The Definition of Non-Hazardous Solid Waste.

Conference of Mayors' staff has been advised that some of the proposed rules could be costly for cities. EPA estimates that the total nationwide cost to meet the proposed emission limits for the Area Source boilers could reach $2.5 billion with an annualized cost of $1 billion. There are 183,000 boilers at 92,000 facilities including municipal buildings, schools, and medical centers. Depending on the fuel that these boilers use and their age would determine the steps needed to comply with the new rule. Many boilers would have to be retrofitted to comply with clean air standards while others would simply have to be inspected on a yearly basis.

The other rule that may impact city operations and budgets deal with the definition of non-hazardous solid waste. Some combustion units currently considered boilers would be subject to the newly proposed Commercial/Industrial Solid Waste Incinerator standards if they continue to combust solid waste. For example, biosolids (products from wastewater facilities) may now possibly be defined as non-hazardous solid waste and therefore facilities that now incinerate biosolids would be classified as a solid waste incineration unit, which would have to meet stricter Clean Air Act standards.

These rules can be found online at EPA's website at http://www.epa.gov/airquality/combustion/actions.html.

EPA is also soliciting comments on the proper classification of coal ash, a byproduct of burning coal. EPA is asking for comments on whether coal ash should be classified as a “special waste” under the Resource Conservation and Recovery Act (RCRA), Subtitle C or Subtitle D. Depending on how they classify this waste will impact the cost for disposal. The estimates run between $1 billion for Subtitle D and EPA is also asking for comments regarding the beneficial reuse of coal ash. More information is available online at http://www.epa.gov/coalashrule