All About Waste Dallas, TX ♦ May 18, 2016 Carrie Yonley, P.E.

Waste, Alternative Fuel and Beneficial Use ˃ New era of alternative fuel driving air rule compliance regime ˃ CISWI (Commercial & Industrial Solid Waste Incinerator Rule) compliance date nearing ˃ Updates on Recent Rules:  NHSM (Non-hazardous Secondary Material) Rule Additions  RCRA Rule Changes  CCR (Coal Combustion Residuals) and Beneficial Use 2

Fuels Determine Air Rules Traditional fuels and documented non-waste alternative fuels Non-hazardous waste alternative waste fuels Hazardous waste-derived fuels PC MACT Traditional fuels Non-hazardous waste alternative waste fuels CISWI Traditional fuels HWC MACT RCRA NHSM Rule Drives Difference RCRA Hazardous Waste Rule Drives Difference

Compliance Time Nearing for CISWI Kilns February 2018

CISWI Compliance Outline ˃ Compliance with standards at all times  Including startup, shutdown and malfunction ˃ Continuously monitor operating parameters  Detailed kiln specific operating limits & CEMS  Initial and periodic CMS performance evaluations ˃ Annual performance stack tests ˃ Annual APCD inspections ˃ Plans and Procedures ˃ Fuel switching procedures 5

Reconsideration Rule Signed PM Standard Amended Reconsideration rule also includes clarifications, e.g.: Amends kiln system definition same as PC MACT, including in-line raw mills, in-line coal mills and alkali bypasses 6

CISWI Implementation Timeline Rule Published State Plan Due “Latest” Compliance Date 2/7/18* Stack Emissions Testing Site-specific Monitoring Plan Final Control Plan Waste Management Plan Submit CEMS Performance Evaluations Operator Training Program Perform Complete Initial & Ongoing APCD Inspections Design/Implement Procedures Install/ Upgrade CEMS/CMS Additional APCDs DAS Startup, Shutdown, Malfunction Operations & Maintenance Stack Test Plan Establish Operating Limits Monitoring Waste Handling Records & Reporting 7 * Compliance date based on State or Federal Plan

Site-Specific Training Documentation ˃ Regulatory overview ˃ Waste management plan ˃ List of wastes burned during performance test ˃ Procedures:  Receiving, handling, and charging waste  Kiln startup, shutdown, and malfunction  Maintaining proper combustion air supply levels  Operating kiln and APCDs within CISWI standards  Monitoring kiln compliance operating limits  Reporting and recordkeeping 8

CISWI Stack Emissions Testing ˃ Initial performance test by 6 months after compliance date – kiln and separate stacks ˃ Normal operating conditions/representative waste ˃ Annual performance test (11 – 13 months)  Retest if process or waste changes  Retest to re-establish operating limits  Reduced to every 3 years if emissions <75% of standard 9

Alternative Fuel Regulatory Update For PC MACT Kilns

Alternative Fuel Update ˃ Most recent “Comfort letter” by EPA ˃ New Categorical Listing Rule (2-16)  Construction/Demolition wood processed from C&D debris per best management practices  Creosote treated railroad ties processed and burned in “biomass and oil” burner ˃ EPA working on guidance and additional topics  Listing for additional types of treated wood  Listing for used off-spec oil  Clarifying refuse-derived fuel vs. engineered fuel See EPA NHSM website for “guidance”

RCRA Hazardous Waste Generator Rule Revisions

Hazardous Waste Generator Improvements Rule ˃ RCRA rule revisions proposed 9/25/2015 ˃ Final rule expected by 2016 year end ˃ Numerous changes: most of RCRA Subtitle C  Reorganization of 40 CFR 262 generator rules  Over 60 substantive changes/30+ corrections/clarifications ˃ All hazardous waste generators, industry sectors, facility types and locations affected 13

RCRA Changed Provisions ˃ Waste Determinations  Hazardous and non-hazardous waste  Document when material first becomes waste ˃ Emergency Planning and Preparedness  Waiver to 50’ Rule for Ignitable/Reactive Waste ˃ Labeling, notifications and recordkeeping ˃ New/clarified satellite accumulation ˃ New closure requirements for large quantity generators (LQGs) 14

RCRA Corrosivity Characteristic Proposal: Petition Denied ˃ Petition Content (81 FR 21295, 4/11/2016)  Lower alkaline pH threshold from 12.5 to 11.5  Apply both pH thresholds to non-aqueous wastes ˃ EPA Decision: Tentative Denial in Entirety ˃ Next steps: Comments due 6/10/2016 ˃ Final denial likely; but new possible EPA considerations:  What is “aqueous”  New characteristic: “irritant” 15

Coal Combustion Residual Rules and Beneficial Use

CCR Rule – April 17, 2015 ˃ Final rule based on Subtitle D  Detailed operational requirements for surface impoundments and landfills; self-implementing  Utilities and environmental groups challenging rule; possibly court decision by end 2016 ˃ Beneficial use versus disposal defined  Prevents “sham recycling”  Encapsulated use: E.g., cement, concrete, wallboard  Unencapsulated use: E.g., structural fill, road- based, soil amendment

Beneficial Use of CCR Exempt Bevill Amendment Retained ˃ Beneficial use must meet 4 criterion for encapsulated and unencapsulated uses:  Provides functional benefit  Replaces virgin material/conserves natural resources  Meets relevant product specs, or standards  Storage controls/documentation (>12,400 tons) for unencapsulated (placement on land) ˃ EPA demonstrated 4 criterion for fly ash in concrete and wallboard ˃ More EPA guidance pending on methodology

Alternative Fuel, Beneficial Use and Waste in Cement Production Stay Tuned For Continued Regulatory Updates!