The U.S. Environmental Protection Agency (EPA) has proposed cost-saving amendments to clean-air rules for the Portland cement manufacturing industry that went final in 2010. Most notably, the proposal would give operators of cement manufacturing plants that use Portland kilns more time to meet the new 2010 requirements. It also would revise certain emissions limits and monitoring requirements that apply to those kilns, thereby providing more compliance flexibilities and options.
The proposed amendments apply to two rules that EPA finalized in 2010: National Emissions Standards for Hazardous Air Pollutants (NESHAP), which apply to
all kilns (new and existing), and New Source Performance Standards (NSPS), which apply
only to new kilns. EPA’s proposal would (1) adjust the way cement kiln owners measure and monitor particulate matter emissions; (2) raise the allowable emissions levels for particulates; and (3) and extend the deadline by two years – from September 2013 to September 2015 – for existing cement kilns to comply with the 2010 rules. The proposed extended compliance date would apply to emissions of particulates, mercury, total hydrocarbons and hydrogen chloride.
In addition, the proposal would—
- Revise the open clinker pile standards by allowing facilities to choose from a list of work practices to control fugitive emissions.
- Change the alternative emission limit for organic air toxics; kilns may meet this limit in lieu of meeting a limit for total hydrocarbons.
EPA’s proposal responds to a legal order by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) as well as legal petitions for reconsideration of the 2010 rules that were filed by the Portland cement industry. Under a legal settlement agreement with industry, EPA must finalize the new rules by December 2012. The proposed rule would not apply to kilns that burn non-hazardous solid waste; those kilns would be covered by other standards.
Implications for Construction
U.S. cement manufacturers warned EPA the emission limits in the 2010 final rules were not achievable by many cement facilities and the tight compliance deadline would also force much higher manufacturing costs and undermine the ability for U.S. cement to compete with foreign products. According to EPA, the rule revisions would provide less costly compliance options and compliance flexibilities. Moreover, the extension of the compliance deadline would provide cement plants with the much-needed time to complete any planning, engineering and construction that may be necessary to comply with the new standards. EPA estimates the proposed particulate limits and monitoring changes would save the industry $18.6 million in capital expenses plus $12.2 million in annual costs compared with the costs of the 2010 rules, as originally written.
Background
In September 2010, EPA issued two new rules to reduce emissions of pollutants from new and existing Portland cement kilns across the United States. See 75 FR 54970 (Sept. 9, 2010). The rules apply both to “major” and “area” source kilns that emit toxic air pollutants. The Portland Cement Association (PCA) led opposition to both rules, arguing that EPA's requirements overestimate what can realistically be achieved in existing cement plants. EPA received several petitions for reconsideration of the 2010 rules. The Agency ultimately agreed to reconsider several of the issues raised in the petitions and denied others. In addition, on Dec. 9, 2011, U.S. Court of Appeals for the D.C. Circuit remanded the rules to EPA to clear up confusion about which cement kilns are subject to a completely different set of rules for solid waste incinerators that went final after the 2010 cement standards were published. The agency has since acknowledged that it issued the 2010 rules without sufficiently considering public comment and all relevant data.
The 2010 cement kiln rules also were the subject of controversy in U.S. Congress. House Republicans passed legislation last year to undo them. AGC sent a letter Capitol Hill in support of legislation that would have would required EPA to “impose the least burdensome” regulatory alternatives and ensure that emission standards “can be met under actual operating conditions.”
EPA will accept comment on the proposed changes for 30 days after the proposal is published in the Federal Register. A pre-publication copy is here. The Agency will hold a public hearing if requested to do so. Go to www.regulations.gov and follow the on-line instructions for submitting comments (reference Docket ID number EPA-HQ-OAR-2011-0817).
More information is online at http://www.epa.gov/ttn/oarpg/ramain.html (scroll down to “Portland Cement Manufacturing”). For further technical information about the rule, contact Sharon Nizich of EPA's Office of Air Quality Planning and Standards at (919) 541-2825 or nizich.sharon@epa.gov.