Posted: August 24, 2011

With the Environmental Protection Agency proposing its Nitrogen Dioxide and Sulfur Dioxide Clean Air Act Secondary National Ambient Air Quality Standards for nitrogen dioxide and sulfur dioxide, the obvious question is, will this impact crematories?

According to Carol Green, environmental compliance counsel for the National Funeral Directors Association, the short answer is no, at least not in most states and not for the foreseeable future.

Current regulation of crematories under the Clean Air Act falls to the states. The EPA decided against regulating crematories under the federal Clean Air Act. According to Green, in 2004, when the EPA proposed rules to regulate "other solid waste incineration units," the agency proposed that crematories should not be regulated as "solid waste combustion units" because "the human body should not be labeled or considered solid waste."

In reconsidering its decision as to the regulation of crematories as solid waste incinerators and other issues raised on reconsideration, the EPA reaffirmed its decision not to regulate crematories. However, under the Clean Air Act, the states may enact more stringent requirements than the EPA. In this instance, most states have enacted regulations applicable to crematories.

To date, most states, such as Maryland, New York and Ohio, have set emission limits only for emissions of particulate matter and for opacity and not for oxides of nitrogen and sulfur, which are the subject of the EPA's proposal with regard to the secondary National Ambient Air Quality Standards.

"States generally require that crematories hold permits, meet specified design requirements to limit emissions and conform to certain operating requirements, such as maintaining specified temperatures in the chamber of the furnace, prohibiting the burning of particular wastes, conducting continuous monitoring of emissions and annual reporting," Green said. "Before a new crematory can obtain a permit, it must demonstrate to the state environmental agency, either by stack testing or by providing a report of testing conducted in the state of a similar furnace model, that emissions are below certain levels. The states also require operator training."

Green noted that the underlying concept of this approach to state regulation is based on the premise that a crematory that is properly designed and properly operated will have nearly complete fuel combustion. "Although crematories can emit nitrogen oxides, sulfur dioxide, along with organic compounds and carbon monoxide, complete combustion ordinarily keeps these emissions at low concentrations," she said. "Combustion is improved by keeping temperature, air input and burn rate at optimum levels."

The theory is that emissions generated by the combustion process are controlled by proper design and operation of the crematory equipment rather than by setting specific limits for emissions other than particulate matter and opacity, she added. "Controlling the temperature and exhaust gas flow rate within the combustion chamber is the primary means of effectively achieving low emissions," said Green. "Unless the U.S. EPA sets exceedingly low standards for nitrogen dioxide and sulfur dioxide that might change the way in which crematories are regulated or the crematory is located in an area of particular ecological sensitivity to these pollutants, it is unlikely that this rulemaking would impact crematories."

On August 1, the EPA issued its proposal with regard to the secondary NAAQS for oxides of nitrogen dioxide and sulfur dioxide. Secondary NAAQS are designed to protect the public from any known or anticipated adverse effects associated with the presence of a listed pollutant, in this case nitrogen dioxide and sulfur dioxide, in the ambient air. This includes effects on soils, water, crops, vegetation and similar ecological impacts, as well as on economic values and personal comfort and well-being. "In its proposal, the EPA decided to keep the existing secondary nitrogen dioxide and sulfur dioxide standards for protection against the direct impacts on vegetation resulting from exposure to the gaseous form of these two pollutants," Green said. "However, in order to protect sensitive aquatic and terrestrial ecosystems from effects due to deposition of nitrogen dioxide and sulfur dioxide (acidification and nutrient enrichment), the EPA proposed to add new secondary standards for these pollutants."

These are identical to the existing primary standards for nitrogen dioxide and sulfur dioxide. "One of the inherent difficulties that the EPA faced in setting this type of ecological standard is that the standard must reflect a 'geographically variable and deposition-dependent nature of the effects,' " Green said. "This makes setting national standards and industry-specific standards quite challenging."

EPA noted that it is considering setting a multi-pollutant standard in the future and that it plans to establish a field pilot program to evaluate air monitoring methods for indicators of nitrogen dioxide and sulfur dioxide. "The field study would be conducted over a five-year period in a sample of three to give sensitive areas," Green said. Comments on the proposed rule are due by September 30, and EPA has committed to sign the final rule by March 20, 2012.