TELEPHONE
CALL
RECORD
Incoming
Call
x
Outgoing
Call
Account
&
Task
Number
0154.03.004.009
Project
Name
Other
Solid
Waste
Incineration
Date
5/
23/
05
Time
1230
EDT
Person
Calling
Jason
Huckaby
(
ERG),
Ruth
Mead
(
ERG),
Mary
Johnson
(
EPA),
Brian
Shrager
(
EPA)
Activity
Conference
Call
Person
Called
Brad
Musick
and
Rita
Trujillo
(
NM
Environmental
Department)
Telephone
No.

(
505)
955­
8024
General
Subject
Clarification
of
New
Mexico's
Comments
on
the
Proposed
OSWI
Rules
TOPICS
DISCUSSED
AND
ACTION
TAKEN
The
purpose
of
the
conference
call
was
to
clarify
some
issues
with
New
Mexico
regarding
their
comments
on
the
proposed
OSWI
rules.
The
comment
portion
EPA
would
like
clarification
on
is
item
7,
found
on
page
5
of
New
Mexico's
comments
on
the
proposed
OSWI
regulations.
The
comment
begins
with
"
Applicability
to
temporary
use
incinerators
(
including
air
curtain
incinerators
burning
only
wood
waste,
clean
lumber,
and
yard
waste,
but
not
including
incinerators
used
in
disaster
recovery)
should
be
clarified."
The
next
sentence
proceeds
with,
"
In
non­
binding
guidance
from
EPA,
we
have
seen
conflicting
interpretations
regarding
applicability
of
the
solid
waste
incineration
(
NSPSs)
and
other
air
quality
standards
to
incinerators
used
at
a
given
location."
1.
Could
you
please
clarify
the
sources
of
this
guidance
so
that
we
may
review
the
prior
interpretations
that
you
refer
to
in
your
comment?
Discussion:
The
guidance
is
Control
number
0200040
from
the
Applicability
Determination
Index
(
ADI)
dated
April
17,
2002
from
Region
V.
In
this
determination,
an
air
curtain
incinerator
used
for
clearing
debris
at
a
residential
construction
site
is
not
considered
"
an
industrial
or
commercial
"
facility"
since
the
incinerator
is
not
permanently
located
at
the
site.
Neither
is
the
residential
construction
site
itself
a
permanent
industrial
or
commercial
"
facility."

2.
New
Mexico
later
discusses
"
portable
stationary
sources"
and
"
consistency
with
the
current
regulatory
treatment
of
other
portable
and
temporary
sources
would
be
desirable."
Could
you
please
clarify
specific
elements
of
the
current
regulatory
treatment
that
is
applied
to
other
portable
and
temporary
sources,
so
that
we
may
better
address
your
comments?
Discussion:
NM
stated
that
the
"
other
portable
sources"
refers
to
portable
rock
crushing
and
gravel
processing
plants
subject
to
40
CFR
60
subpart
OOO.
New
Mexico
issues
several
permits
per
year
to
these
sources,
and
they
are
usually
operated
in
one
location
for
less
than
a
year.
EPA
pointed
out
that,
under
the
proposed
rules,
incinerators
that
meet
the
institutional
waste
incinerator
or
very
small
municipal
waste
combustor
definition
would
be
considered
to
be
OSWI,
regardless
of
whether
they
are
portable
or
not.
EPA
asked
if
applicability
was
not
clear
in
the
proposal,
and
if
some
clarification
of
"
temporary
or
portable"
in
the
comment/
response
document
or
final
rule
preamble
would
solve
the
issue.
New
Mexico
did
not
know
if
this
would
work
or
not,
and
requested
EPA
look
at
how
"
facility"
is
used
and
perhaps
define
"
facility"
in
the
OSWI
rules
to
make
it
clear
for
temporary
situations.
New
Mexico
stated
that
these
units
may
be
rented
to
different
types
of
establishments,
and
suggested
that
the
rule
clarify
applicability
for
units
that
may
be
rented
to
an
institution
only
part
of
the
time
and
then
to
non­
institutions
at
other
times.

3.
Finally,
what
types
of
portable
incinerators
are
you
referring
to...
air
curtains
incinerators
only,
or
are
there
other
designs
you
have
encountered?
What
materials
are
being
burned
in
these
incinerators?
Discussion:
New
Mexico
is
referring
to
air
curtain
incinerators
burning
vegetative
material.
