National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 42367-42412 [2012-16166]

Download as PDF Vol. 77 Wednesday, No. 138 July 18, 2012 Part II Environmental Protection Agency mstockstill on DSK4VPTVN1PROD with PROPOSALS2 40 CFR National Cement Cement VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 PO 00000 Parts 60 and 63 Emission Standards for Hazardous Air Pollutants for the Portland Manufacturing Industry and Standards of Performance for Portland Plants; Proposed Rule Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18JYP2.SGM 18JYP2 42368 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2011–0817; FRL–9692–9] RIN 2060–AQ93 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants Environmental Protection Agency (EPA). ACTION: Proposed rules on reconsideration. AGENCY: The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the Portland cement industry for Portland cement plants issued under sections 112(d) of the Clean Air Act. Specifically, the EPA is proposing to amend the existing and new source standards for particulate matter (PM). The EPA is also proposing amendments with respect to issues on which it granted reconsideration on May 17, 2011. In addition, the EPA is proposing amendments to the new source performance standard for PM issued pursuant to section 111(b) of the Clean Air Act. These proposed amendments would promote flexibility, reduce costs, and ease compliance burdens. EPA is also addressing the remand of the emission standards in the NESHAP by the D.C. Circuit on December 9, 2011. Finally, the EPA is proposing to extend the date for compliance with the existing source national emission standards for hazardous air pollutants to September 9, 2015. DATES: Comments must be received on or before August 17, 2012. Any requests for a public hearing must be received by July 30, 2012. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for thirty days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information. Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget receives a copy of your comments on or before August 17, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– HQ–OAR–2011–0817, by one of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 SUMMARY: VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 • Agency Web site: https:// www.epa.gov/oar/docket.html. Follow the instructions for submitting comments on the EPA Air and Radiation Docket Web site. • Email: a-and-r-docket@epa.gov. Include EPA–HQ–OAR–2011–0817 in the subject line of the message. • Fax: Fax your comments to: (202) 566–9744, Attention Docket ID Number EPA–HQ–OAR–2011–0817. • Mail: Send your comments to: The EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention: Docket ID Number EPA–HQ– OAR–2011–0817. Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for the EPA, 725 17th Street NW., Washington, DC 20503. • Hand Delivery or Courier: In person or by courier, deliver comments to the EPA Docket Center, EPA West (Air Docket), Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460, Attention Docket ID Number EPA–HQ– OAR–2011–0817. Such deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays), and special arrangements should be made for deliveries of boxed information. Please include two copies. Instructions: Direct your comments to Docket ID Number EPA–HQ–OAR– 2011–0817. The EPA policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. For additional information about the EPA public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket. The EPA has established a docket for this rulemaking under Docket ID Number EPA–HQ–OAR–2011–0817. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available (e.g., CBI or other information whose disclosure is restricted by statute). Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. Note that information pertinent to the previous Portland cement rulemakings discussed in this document is contained in dockets EPA– HQ–OAR–2002–0051 and EPA–HQ– OAR–2007–0877. Public Hearing. If a public hearing is held, it will begin at 10:00 a.m. on August 2, 2012 and will be held at the EPA campus in Research Triangle Park, North Carolina, or at an alternate facility nearby. Persons interested in presenting oral testimony or inquiring as to whether a public hearing is to be held should contact Ms. Pamela Garrett, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Metals and Minerals Group (D243–01), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; email: garrett.pamela@epa.gov; telephone number: (919) 541–7966. Persons interested in presenting oral testimony or inquiring as to whether a public hearing is to be held should contact Ms. Garrett at least 2 days in advance of the potential date of the public hearing. E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Ms. Sharon Nizich, Office of Air Quality Planning and Standards; Sector Policies and Programs Division, Minerals and Manufacturing Group (D243–04); Environmental Protection Agency; Research Triangle Park, NC 27111; telephone number: (919) 541–2825; fax number: (919) 541–5450; email address: nizich.sharon@epa.gov. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS2 FOR FURTHER INFORMATION CONTACT: I. General Information A. Executive Summary B. Does this action apply to me? C. What should I consider as I prepare my comments to the EPA? D. Where can I get a copy of this document? II. Background Information A. What is the statutory authority for these proposed amendments? B. What actions preceded this proposed rule? III. Description of Proposed Amendments to Subpart LLL and Subpart F A. Reconsideration of Standards B. Mercury Standard C. THC Standard D. Proposed Amendments to Existing Source and New Source Standards for PM Under Section 112(d) and 111(b) E. Summary of Proposed Standards Resulting From Reconsideration F. Standards for Fugitive Emissions From Clinker Storage Piles G. Affirmative Defense to Civil Penalties for Exceedances Occurring During Malfunctions H. Continuously Monitored Parameters for Alternative Organic HAP Standard (With THC Monitoring Parameter) I. Allowing Sources With Dry Caustic Scrubbers to Comply With HCl Standard Using Performance Tests J. Alternative PM Limit K. Standards During Startup and Shutdown L. Coal Mills M. PM Standard for Modified Sources Under the NSPS N. Proposed NESHAP Compliance Date Extension for Existing Sources O. Eligibility to be a New Source IV. Other Proposed Testing and Monitoring Revisions V. Other Changes and Areas Where We Are Requesting Comment VI. Summary of Cost, Environmental, Energy and Economic Impacts of Proposed Amendments A. What are the affected sources? B. How are the impacts for this proposal evaluated? C. What are the air quality impacts? D. What are the water quality impacts? E. What are the solid waste impacts? F. What are the secondary impacts? G. What are the energy impacts? H. What are the cost impacts? I. What are the health effects of these pollutants? VII. Statutory and Executive Order Reviews VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 I. General Information A. Executive Summary The EPA is proposing amendments to the emissions standards for hazardous air pollutants (HAP) and to the performance standards for Portland cement plants. These proposed amendments respond to petitions for reconsideration filed by the Portland cement industry and to a decision by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). These amendments, which are consistent with the CAA, if adopted, will also provide less costly compliance options and compliance flexibilities, and thereby result in cost savings for the Portland cement industry. This result would also be consistent with Executive Order 13563. The proposed amendments include a new compliance date for the PM, mercury, HCl, and THC existing source standards. (1) Purpose of the Regulatory Action a. Need for the Regulatory Action. The EPA is proposing amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Portland cement source category and to the new source performance standards (NSPS) for Portland cement plants issued under sections 112(d) and 111(b) of the Clean Air Act (CAA). Section 112 of the CAA establishes a regulatory process to address emissions of HAP from stationary sources. After the EPA identifies categories of sources emitting one or more of the HAP listed in section 112(b) of the CAA, section 112(d) requires the EPA to promulgate technology-based NESHAP for those sources. Section 111 of the CAA requires that NSPS reflect the application of the best system of PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 42369 emission reductions achievable which, taking into consideration the cost of achieving such emission reductions, and any non-air quality health and environmental impact and energy requirements, the Administrator determines has been adequately demonstrated. This proposal addresses the remand by the D.C. Circuit in Portland Cement Ass’n v. EPA, 665 F. 3d 177 (D.C. Cir. 2011). In that case, the court upheld all of the EPA’s methodology for establishing the Portland cement NESHAP, denied all petitions for review challenging the NSPS, but also held that the EPA had arbitrarily denied reconsideration of the NESHAP to take into account the effect of the EPA’s Nonhazardous Secondary Materials (NHSM) rule on the standards. The NHSM rule, issued after the NESHAP was promulgated, had the effect of reclassifying some cement kilns as commercial and industrial solid waste incinerators (CISWI) and thus could have an effect on the standards. The proposal also addresses technical issues with respect to the standard for PM in both the NESHAP and the NSPS that have emerged since these rules’ promulgation. We are proposing to amend the standard for PM, and also proposing to amend various implementation requirements in a way that would provide more compliance flexibilities. In addition, the proposal addresses the issues on which the EPA previously granted reconsideration. b. Legal Authority for the Regulatory Action. These proposed amendments implement sections 112(d) and 111(b) of the CAA. (2) Summary of Major Proposed Provisions a. PM (PM) Emission Standards. The EPA is proposing changes to the emission standards for PM that potentially make available compliance alternatives unavailable under the promulgated existing source standards. The promulgated rule requires compliance to be demonstrated using a Continuous Emission Monitoring System (CEMS) (see section 63.1348 (75 FR 55056)). Based on the information the EPA now has, we believe that it may be problematic for a PM CEMS to meet the mandated Performance Specification 11 (PS 11) correlation requirements complying with the promulgated PM standards. (See section III.D.) As a consequence, the EPA is proposing to amend the existing and new source PM standards in the NESHAP to require manual stack testing in lieu of PM CEMS for compliance determinations. An additional consequence of this E:\FR\FM\18JYP2.SGM 18JYP2 42370 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules proposed change of compliance measurement methods is that the EPA is proposing to change the averaging time and numeric emissions value of those standards. The EPA is proposing amended PM standards under the NESHAP for existing sources of 0.07 pounds per ton (lb/ton) clinker based on manual stack testing, (from 0.04 lb/ton in the 2010 rule, 30-day average with a PM CEMS) and 0.02 lb/ton clinker for new sources based on stack testing (from 0.01 lb/ton in the 2010 rule, 30day average with a PM CEMS). The EPA is proposing amended PM standards under the NSPS for modified sources of 0.07 lb/ton clinker based on manual stack testing, (from 0.01 lb/ton in the 2010 rule, 30-day average with a PM CEMS) and 0.02 lb/ton clinker for new and reconstructed sources based on stack testing (from 0.01 lb/ton in the 2010 rule, 30-day average with a PM CEMS). The EPA is further proposing that a site-specific parametric operating limit be established, that there be continuous monitoring of that parametric limit using a PM CPMS, that an exceedance of that site-specific operating limit be reported as a deviation, triggering corrective action including conducting a Method 5 performance test within 45 days. Further, multiple deviations from the parametric limit can constitute a violation of the emissions standard. b. Response to Remand. Consistent with the court’s remand, the EPA has removed all the CISWI kilns from the database used to set the 2010 existing source standards for PM, mercury, hydrochloric acid and total hydrocarbons (THC). The EPA then recalculated existing source floors for each of these pollutants, and determined what standards to propose in light of that analysis. This analysis informed the level of the proposed standards for PM just discussed. The resulting standards are discussed immediately below. c. Other Emissions Standards. The EPA is not proposing any changes to the existing source standards for mercury, total THC or hydrogen chloride (HCl). The reasons are set out in sections III A, B and C below. With respect to new source standards, under section 112(d)(3) of the CAA, new source floors can be based on the performance of the ‘‘best controlled similar source.’’ A CISWI cement kiln is a similar source for purposes of this provision. The EPA, therefore, is not proposing to amend any of the new source floors or standards for mercury, THC or HCl where the best performing source in the database used to set the standards was a CISWI cement kiln. The EPA is also proposing to amend the alternative standard for organic HAP, whereby organic HAP are measured directly. To avoid a situation where the alternative organic standard level is lower than the practical quantitation limit of the relevant analytic methods, the EPA is proposing to increase the alternative organic HAP standard from 9 parts per million (ppm) to 12 ppm. See additional discussion in section III.H below. d. Standards during Startup and Shutdown. In the final 2010 NESHAP, the EPA established specific numerical standards for startup and shutdown for each pollutant to be measured using a CEMS over an accumulative 7-day rolling average. Because raw materials (the source of most cement kiln air emissions) are not introduced into cement kilns during startup and shutdown, cement kilns’ emissions during these periods should be appreciably lower than the level of the standards. The EPA is, therefore, proposing that sources monitor compliance with these standards via recordkeeping. e. Proposed Compliance Dates. The EPA is proposing that the compliance date for all existing source standards including standards for PM, mercury, HCl and THC, clinker piles and the standards for startup and shutdown be extended to September 9, 2015. The EPA believes that the proposed change to the PM standard makes possible compliance alternatives unavailable under the promulgated existing source standards) and that an extension until September 9, 2015, is the period in which these new compliance strategies can be implemented most expeditiously. f. The EPA is also taking action on the remaining issues on which it granted reconsideration on May 17, 2011. (3) Costs and Benefits The following table 1 summarizes the costs and emissions reductions of this proposed action. TABLE 1—COSTS AND EMISSIONS REDUCTIONS OF PROPOSED AMENDMENTS RELATIVE TO THE 2010 RULE a b c d e Proposed amendment Capital cost Emissions reduction Annualized cost Revised PM standard ..................................................... Replace PM CEMS with PM CPMS ............................... ¥$18,640,106 0 ¥$4,200,000 ¥7,980,000 Total ......................................................................... ¥18,640,106 ¥135 tons/yr (emissions increase). 0 ¥12,180,000 a See section III below for further discussion of impacts of the proposed amendments. numbers indicate cost savings or emissions increase. All costs are in 2005 dollars. also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. d Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015. e Full compliance costs will not occur until September 9, 2015. b Negative mstockstill on DSK4VPTVN1PROD with PROPOSALS2 c We The cost information in Table 1 is in 2005 dollars at a discount rate of 7 percent. The net change in annualized costs in 2015 is a $12.2 million savings compared to the 2010 rule. The EPA did not have sufficient information to quantify the overall change in benefits or costs for 2013 to 2015 that might arise due to the proposed change in compliance dates. 4. Summary of Proposed Standards The following Table 2 shows the proposed standards. TABLE 2—PROPOSED EXISTING AND NEW SOURCE STANDARDS Pollutant Existing source standard Mercury ............................................................... THC .................................................................... 55 lb/MM tons clinker ....................................... 24 ppmvd ......................................................... VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 New source standard 21 lb/MM tons clinker. 24 ppmvd. E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules 42371 TABLE 2—PROPOSED EXISTING AND NEW SOURCE STANDARDS—Continued Pollutant Existing source standard PM ...................................................................... HCl ...................................................................... Organic HAP (alternative to Total Hydrocarbon) 0.07 lb/ton clinker (3-run test average) ........... 3 ppmvd ........................................................... 12 ppmvd ......................................................... New source standard 0.02 lb/ton clinker (3-run test average). 3 ppmvd. 12 ppmvd. B. Does this action apply to me? Categories and entities potentially regulated by this final rule include: Category NAICS Code 1 Industry .......................................................................................... Federal government ...................................................................... State/local/tribal government ......................................................... 327310 .................... .................... 1 North Portland cement manufacturing plants. Not affected. Portland cement manufacturing plants. American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility will be regulated by this action, you should examine the applicability criteria in 40 CFR 60.60 (subpart F) or in 40 CFR 63.1340 (subpart LLL). If you have any questions regarding the applicability of this final action to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. C. What should I consider as I prepare my comments to the EPA? Submitting CBI mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Examples of regulated entities Do not submit information containing CBI to the EPA through https:// www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD–ROM that you mail to the EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. If you submit a CD–ROM or disk that does not contain CBI, mark the outside of the disk or CD–ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA’s electronic public docket without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 OAQPS Document Control Officer (C404–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID Number EPA–HQ–OAR–2011–0817. D. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this proposal will also be available on the World Wide Web (WWW) through the EPA’s Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of this proposed action will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at the following address: https://www.epa.gov/ ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. II. Background Information A. What is the statutory authority for these proposed amendments? Section 112 of the CAA establishes a regulatory process to address emissions of HAP from stationary sources. After the EPA has identified categories of sources emitting one or more of the HAP listed in section 112(b) of the CAA, section 112(d) requires us to promulgate NESHAP for those sources. For ‘‘major sources’’ that emit or have the potential to emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more of a combination of HAP, these technologybased standards must reflect the maximum reductions of HAP achievable (after considering cost, energy requirements and non-air quality health and environmental impacts) and are commonly referred to as maximum PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 achievable control technology (MACT) standards. The statute specifies certain minimum stringency requirements for MACT standards, which are referred to as ‘‘floor’’ requirements. See CAA section 112(d)(3). Specifically, for new sources, the MACT floor cannot be less stringent than the emission control that is achieved in practice by the best controlled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the bestperforming 12 percent of existing sources (for which the Administrator has emissions information) in the category or subcategory (or the bestperforming five sources for categories or subcategories with fewer than 30 sources. In developing MACT, we must also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any non-air quality health and environmental impacts, and energy requirements. See CAA section 112(d)(2).1 Section 111(b) requires the EPA to set standards for emissions that ‘‘reflect the 1 Section 112(d)(7) states that ‘‘[n]o other emission standard * * * under this section shall be interpreted, construed or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established pursuant to section 7411 of this title, part C or D of this subchapter, or other authority of this chapter or a standard issued under State authority.’’ This provision indicates that a section 112(d) standard does not ‘‘trump’’ any standard established under other authority which is more stringent. Section 112(d)(7) does not bar the EPA from amending section 112(d) standards to correct technical deficiencies. E:\FR\FM\18JYP2.SGM 18JYP2 42372 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules degree of emission limitation achievable through the application of the best system of emission reduction.’’ See CAA section 111(a)(1). In contrast to the NESHAP floor setting process, NSPS requires the EPA to take into account the ‘‘cost of achieving’’ emissions reductions, as well as health, environmental, and energy considerations. Id. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 B. What actions preceded this proposed rule? The history of this proposed rule, commencing with the 1999 standards and proceeding through the amendments issued in September 2009, is set out in detail in 75 FR 54970 (Sept 9, 2010). Various parties filed petitions for reconsideration of aspects of those amendments. On May 17, 2011, the EPA granted reconsideration of various issues, and denied the petitions to reconsider as to the remaining issues. See 76 FR 28318 (May 17, 2011). On December 9, 2011, the D.C. Circuit issued an opinion upholding the NESHAP itself (as well as the section 111 NSPS), but found that the EPA had arbitrarily failed to grant reconsideration to consider the effect of the EPA’s NHSM rule on the standards (76 FR 15456 (March 21, 2011)), which rule had the effect of reclassifying some cement kilns as commercial and solid waste incinerators. See Portland Cement Ass’n v. EPA, 665 F. 3d 177, 186–189 (D.C. Cir. 2011). That court did not stay the standards for PM, mercury, HCl or THC, but did stay the standard for clinker piles pending the conclusion of the reconsideration process. See 665 F. 3d at 194. In this action, the EPA is responding to the court’s remand. For existing sources, the EPA is doing so by removing all kilns classified as commercial and industrial solid waste incinerators from the data used to establish the 2010 NESHAP standards. The EPA is then recalculating each of the floors based on this revised dataset and making beyond-the-floor determinations based on the recalculated floors. The EPA believes that this approach is fully responsive to the court’s remand. See 665 F. 3d at 188 where the court referred favorably to this type of recalculation. For new sources, the EPA is basing floors on the performance of the best performing similar source. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 III. Description of Proposed Amendments to Subpart LLL and Subpart F A. Reconsideration of Standards As just noted, in Portland Cement Association v. EPA, the D.C. Circuit upheld all of the EPA’s methodology for establishing the Portland cement NESHAP, but remanded the standards so that the EPA could account for the effects of the EPA’s NHSM rule. This rule, adopted after promulgation of the Portland cement NESHAP, had the effect of reclassifying certain cement kilns as commercial and industrial incinerators because they combust ‘‘solid waste’’ as defined by that rule. See 665 F. 3d at 185–189. Applying that definition, the EPA has determined that there are 24 cement kilns which combust solid waste. See 76 FR 28322 and Memorandum ‘‘Combustion in a Cement Kiln and Cement Kilns’ Use of Tires as Fuel’’ (April 25, 2011) (‘‘April 25 memorandum’’); see also 76 FR 80452 (Dec. 23, 2011) where the EPA identified 23 of the 24 kilns as commercial incinerators as were identified in the April 25 memorandum. The 24th kiln was identified as a CISWI kiln after development of the April 25, 2011, memorandum, but the addition of this kiln did not affect the calculations contained in the May 17, 2011 notice (CISWI Data Revisions since Reconsideration Proposal, docket EPA– HQ–OAR–2003–0119). Although the EPA has proposed to reconsider certain narrow aspects of the NHSM rule, see 76 FR 80598 (Dec. 23, 2011), this count remains unchanged by any of the issues being considered in the reconsideration of the NHSM rule. This is because either the types of secondary materials being addressed in that reconsideration are not combusted by cement kilns or the EPA has already accounted for those materials in its April 25 memorandum analysis. See 76 FR 28319 (May 17, 2011). Specifically, in the NHSM reconsideration proposal, the EPA proposed to clarify that clean cellulosic biomass and clean construction and demolition wood are not solid wastes when burned for energy recovery and that unused, off-specification tires are not wastes when burned for energy recovery. The EPA’s analysis underlying its April 25, 2011, memorandum already reflects that these non-hazardous secondary materials are not wastes when burned by cement kilns for energy recovery. The EPA expects the reconsideration of the NHSM rule to be completed before taking final action on this proposed rule and the EPA will account for any changes resulting from PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 the reconsidered final NHSM rule when it takes final action here.2 1. Existing Source Floors. We removed the 24 CISWI kilns from the database used to establish existing source standards and recalculated floors for existing sources. Under this analysis, the existing source floor for mercury increased from 55 lb/million (MM) tons clinker to 58 lb/MM tons clinker, the existing source floor for PM increased from 0.04 lb/ton clinker to 0.05 lb/ton clinker, the existing source floor for THC decreased to 15 parts per million by volume, dry (ppmvd), and the existing source floor for HCl stayed the same at 3 ppmvd. As explained in section B below, the EPA is proposing to establish a beyond the floor standard for mercury of 55 lb/ MM tons clinker. Moreover, for reasons independent of this analysis, the EPA is proposing to amend the existing and new source NESHAP for PM. See section D below. The EPA is not proposing to amend the HCl standard or the THC standard. 2. New Source Standards. With respect to new source standards, the EPA does not believe that any reclassification and reanalysis is necessary under the court’s opinion. New source floors can be based on the performance of ‘‘the best controlled similar source’’, as opposed to existing source floors which must reflect performance of sources ‘‘in the category or subcategory’’. See CAA section 112(d)(3) and (d)(3)(A). A CISWI cement kiln is similar to a non-CISWI cement kiln since the device is a cement kiln. Equally important, burning secondary materials for energy recovery does not significantly alter a cement kiln’s HAP emission profile. See 76 FR 28320 (May 17, 2011) (documenting both the basis for this conclusion and the cement industry’s agreement with it).3 4 2 The EPA has also conducted a bounding analysis of potential floors by removing from the data base all cement kilns that burn any type of secondary material for energy recovery (so that there is no possibility that any CISWI kiln is in the bounding analysis database). Under this analysis, the existing source section 112 floor for HCl was unchanged, the existing source floor for PM was essentially unchanged, the existing source floor for THC becomes more stringent (as in the April 25, 2011, analysis), and the existing source mercury floor increases from 55 lb/MM ton clinker to 66 lb/ MM ton clinker. However, even in this case, a beyond-the-floor mercury limit of 55 lb/MM tons clinker would be cost effective and the EPA would propose the same standards as under this proposal if this bounding analysis were used in place of the analysis described in the text. The EPA, thus, does not believe that the precise count of CISWI kilns will affect the outcome of this rulemaking. See Bounding Analysis for Portland Cement MACT Floors, May 14, 2012. 3 The EPA is thus not reopening the new source standards (with the exception of the PM standard, E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 B. Mercury Standard 1. New Source Standard. As explained above, the new source standard is based on the performance of the best performing similar source. 2. Existing Source Standard. As noted above, the recalculated existing source floor is 58 lb/MM tons clinker produced. The EPA is proposing a beyond-the-floor standard of 55 lb/MM ton clinker produced, the level of the 2010 final standard. As described below, the only difference in cost between the two levels is the incremental cost of removing slightly more mercury, which is estimated at $2,000/lb of mercury removed. This is because the control equipment needed for mercury would not alter, would not need to be sized differently, and would need to perform on average nearly identically at either a 55 lb/MM tons clinker or a 58 lb/MM tons clinker level. That is, in planning compliance, kilns would calibrate to achieve an average performance of 34.1 lb/MM tons clinker for a standard of 58 lb/MM tons clinker, and 31.7 for a standard of 55 lb/MM tons clinker, which translates to an additional reduction of 2.4 lb/MM tons of clinker per year. This equates to an estimated 180 pounds of nationwide mercury emissions per year, incremental to the recalculated floor. To achieve this additional reduction, we estimated an additional cost of approximately $355,000 for the industry, the cost of purchasing additional carbon injection materials. This equates to a cost-effectiveness of $2,000/lb of mercury reduction per year. This is the incremental cost of going from the recalculated floor of 58 lb/MM tons clinker to the proposed 55 lb/MM tons clinker. Because this is the same level as the 2010 rule, there are no incremental costs or emissions impacts when compared to the 2010 rule. See which the EPA is proposing to amend). We will take comment on whether CISWI cement kilns can be considered a ‘‘similar source’’ under section 112(d)(3) and whether retention of the 2010 new source standards on this basis is consistent with the D.C. Circuit’s opinion. The EPA will not consider comments challenging the data and methodology for the new source standards since these are unchanged from the 2010 rule and the EPA is not reexamining any of these issues. 4 If the EPA were to reconsider the new source standards by removing the 24 CISWI kilns from the database, then the mercury new source floor increased from 21 to 24 lb/MM tons clinker, the THC new source floor decreased from 24 to 11 parts per million by volume dry (ppmvd), and the PM and HCl new source floor stayed the same at 0.01 lb/ton clinker and 3 ppmvd, respectively (see Memorandum, Revised Portland Cement NESHAP with CISWI kilns removed, March 21, 2011). However, as explained in the text, because CISWI cement kilns are ‘‘similar sources’’ for purposes of establishing NESHAP new source standards, the EPA is not relying on this analysis here. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 section 8.2, Portland Cement Reconsideration Technical Support Document. Moreover, this reduction is highly cost-effective. A cost effectiveness value of $2,000/lb. mercury is considerably less than values the EPA have found to be cost effective for removal of mercury in other air toxics rules. For example, in the National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell ChlorAlkali Plants, the cost effectiveness was found to be between $13,000 to $31,000 per pound for the individual facilities (see Supplemental proposed rule, 76 FR 13858 (March 14, 2011)). The EPA also does not see any adverse energy or nonair quality health or environmental consequences of a 55 lb/MM tons clinker beyond-the-floor standard. We are not proposing a beyond the floor level below 55 lb/MM tons clinker for the same reasons given in the 2010 final rule—in particular the possibility that a lower standard could force some kilns to find alternative sources of limestone, at enormous cost and disruption. See 75 FR 54980 (September 9, 2010). C. THC Standard The THC data for the 2010 standard consist of CEMS data for 15 kilns. After removing the four CISWI kilns, nine kilns remain. Thus, the MACT floor kilns consisted of 12 percent of these nine kilns, or two kilns. The top two kilns were Suwannee and Holcim. As explained above, when CISWI sources are removed from the database for the 2010 standards, the existing source floor for THC becomes more stringent from 24 ppmvd to 15 ppmvd, and the new source standard would drop from 24 ppmvd to 11 ppmvd. This change results from removing from the database a CISWI cement kiln (the Lehigh Union Bridge kiln) with the lowest daily average performance but with more associated variability than the other kilns with the next highest daily average performance. See also 76 FR 28322 (May 17, 2011) n. 11 and 665 F. 3d at 188. However, notwithstanding this calculation, the EPA is not proposing to reduce the level of either the new source or the existing source THC standard. 1. New Source Standard. As just explained, the new source standard can be based on performance of a ‘‘best controlled similar source’’, so there is no reason under the statute or the court’s remand to amend the new source THC standard. The standard is also technically appropriate. See 75 FR 54981 (September 9, 2010) (explaining basis for the THC new source standard, which discussion is summarized below PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 42373 for the readers’ convenience). Removing the CISWI Union Bridge kiln as the best performing new source would leave the Suwannee kiln as the lowest emitter based on its daily average THC emissions. See Portland Cement Reconsideration Technical Support Document (TSD), section 8.4, which is available in this rulemaking docket. This kiln has higher average emissions than the Union Bridge kiln (that is, its daily average emissions are higher than the Union Bridge kiln). This kiln thus emits more THC than the Union Bridge kiln, so the EPA identified the kiln emitting less THC on average—the Union Bridge kiln—to be the best performer. The Suwannee kiln has less measured variability than the Union Bridge kiln, but also has hundreds of fewer observations. For this reason, the EPA considered the Union Bridge kiln to be more representative of variability, and used its 99th percentile performance as the measure of performance of the best performing similar source in establishing the new source standard. See 75 FR 54981 (September 9, 2010).5 2. Under the calculation described above, the existing source floor would be reduced from 24 ppmvd to 15 ppmvd. Subject to any comments the EPA receives on this proposed action, the EPA believes that such a floor level would not be technically appropriate. It omits the variability of the similar source with the best average performance for THC (the Union Bridge kiln), and so may not be fully representative of variability of best performing sources. As noted above, cement kiln HAP emissions are not appreciably affected by burning secondary materials for energy recovery so the Union Bridge’s variability is representative of cement kiln variability. In addition, as noted above, the number of daily observations for the Union Bridge kiln is among the most robust in the database, containing over 3 times the number of observations as the next best performing cement kiln. Thus, there is a ‘‘demonstrated relationship’’ between the variability of the Union Bridge kiln and the variability of the best performing sources in the existing source floor pool. Sierra Club v. EPA, 479 F. 3d 875, 882 (D.C. Cir. 2007). The EPA consequently believes it is technically justified to consider the 5 For purposes of comparing the relative variability of the THC CEMS data for each of the kilns in our THC data set, we used the ratio of the 99th percentile for each kiln divided by its daily average. A ratio of 1.0 indicates no variability. As the ratio increases, variability increases. See Portland Cement Reconsideration TSD, section 8.4, which is available in this rulemaking docket. E:\FR\FM\18JYP2.SGM 18JYP2 42374 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules Union Bridge kiln’s variability in estimating the variability of the best performing cement kilns for THC emissions. If the variability of the Union Bridge kiln is included along with the variability of the two best performing cement kilns, and applied to the two best performing cement kilns’ performance, the floor would be 24 ppm, which the EPA is proposing as a floor. See Portland Cement Reconsideration TSD, section 8.4. This is the level of the 2010 standard. 3. Beyond the floor standards. The EPA is not proposing a beyond the floor THC standard for existing cement kiln sources. The reasons given in the rulemaking remain valid. See 75 54983 (September 9, 2010); 74 FR 21153 (May 6, 2009). We especially note that a more stringent standard for THC would force the increased use of energy-intense control technologies like regenerative thermal oxidizers (RTO) which have negative environmental implications, notably increased emission of carbon dioxide (CO2) and other greenhouse gases, as well as increased emissions of nitrogen oxide (NOX), carbon monoxide, sulfur dioxide (SO2) and PM10. See 74 FR 21153 (May 6, 2009).6 These devices are also extremely costly and not costeffective. See 74 FR 21153 (May 6, 2009). For a description of the costs, energy requirements and environmental impacts of RTO, see Summary of Environmental and Cost Impacts for Final Portland Cement NESHAP and NSPS, August 6, 2010, docket no. EPA– HQ–OAR–2002–0051–3438. For all these reasons, the EPA does not consider a beyond-the-floor standard for THC to be justified under section 112(d)(2). Consequently, the EPA is not proposing a beyond-the-floor standard for THC for existing sources.7 D. Proposed Amendments to Existing Source and New Source Standards for PM Under Section 112(d) and 111(b) mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Based largely on developments which have occurred after the EPA granted reconsideration on certain aspects of the NESHAP 8, the EPA is proposing 6 The EPA estimates that each thermal oxidizer emits an added increment of 0.02 tons of CO2 for each ton of clinker produced. A typical kiln producing 1.2 million tons of clinker per year and controlled by an RTO would emit an additional 24,000 tons of CO2 per year. See RTO Secondary Impacts, May 16, 2012, in this rulemaking docket. 7 The EPA is also proposing to amend the alternative standard for organic HAP under which organic HAP is measured directly. See section I below. 8 On November 15, 2011, Holcim (US) Inc., a domestic cement company, submitted a petition for reconsideration to the EPA requesting that the EPA reconsider and stay the NESHAP PM standard. The VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 revisions to the testing and monitoring methods used to demonstrate continuous compliance with the existing and new source PM emissions standards and is proposing changes to the averaging time, level, and compliance demonstration for those standards. The EPA has also removed all CISWI kilns from the data base used to establish the standards for PM and used this revised data base in determining the level of the standard, consistent with the court’s remand. We explain these proposed changes below. In comments to the 2009 proposal, industry commenters maintained that there were several problems with implementing the monitoring requirements to demonstrate compliance using a PM CEMS and with the requirements to conduct a periodic audit of the PM CEMS in accordance with Performance Specification (PS) 11 of appendix B and Procedure 2 of appendix F to part 60. The EPA responded to these comments in the 2010 final rule. See 75 FR 55007 (September 9, 2010); NESHAP Response to Comment Document pp. 163–166. Since that time, the Portland cement industry has identified further technical issues associated with the current PM CEMS technology in satisfying PS 11 correlation requirements that have emerged as the industry has attempted to develop a CEMS-based compliance strategy for PM pursuant to the 2010 NESHAP. 1. PS 11. The EPA has continued to review the application of PM CEMS in relation to the procedures and acceptance criteria of PS 11, the protocol mandated by the promulgated basis for the petition was CEMS data for PM from four of Holcim’s kilns (some of which are either waste-burning or hazardous waste burning). Petition pp. 5–6. This information was collected commencing in January 2011. Since the information in the petition was gathered outside the time period mandated by section 307(d)(7)(B) of the Act—even assuming it was impractical to raise the objection during the public comment period, the grounds arose outside the time period for judicial review which ended in November 2010. Thus, the EPA believes that it is not compelled to grant this petition. Moreover, as discussed in the text below, because the EPA is proposing to no longer use a CEMS-based regime for the PM standard, the Holcim information is no longer of direct relevance in setting the level of the PM standard. A further issue with the data is that they were not obtained using CEMS calibrated according to PS–11, the protocol specified in the rule. Accordingly, the EPA is not basing its proposal of a revised PM standard on these data. The EPA is not, however, taking final action on the Holcim petition at this time, but intends to do so in conjunction with the issuance of the final reconsideration rule. On January 17 2012, LaFarge Cement submitted a petition for reconsideration containing no new data or information but arguing that the Holcim petition justified reconsideration of the standards. The EPA believes that this petition is subsumed by the Holcim petition. PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 rule. See section 63.1350(b)(1). PS 11 is structured differently than other PS that apply to validating the performance of gaseous pollutant CEMS. This is primarily because the pollutant, PM, is defined entirely by the test method specified by regulation to measure it. As the industry commenters note, there are no independent standard reference materials for PM concentrations as there are for gaseous pollutants (e.g., NIST traceable compressed gases for validating SO2 or NOX instrumental measurements). The only reference standard for determining the PM concentration in an air or stack gas sample is the reference test method. In the case of the Portland cement NESHAP (and NSPS), the rule specifies the EPA Method 5 for measuring filterable PM concentration or mass rate (e.g., in mg/dscm or lb/hr). PS 11 provides procedures and acceptance criteria for validating the performance of several types of PM CEMS technologies. Although there are multiple instrument and data reporting operational performance checks in PS 11 that are similar in concept to those for gaseous pollutant CEMS, there is the principal PM CEMS performance requirement that is distinctly different. That requirement is the development of a site-specific PM CEMS correlation or mathematical response curve. There is a key procedural element to developing that correlation. That is, PS 11 requires that the source conduct multiple stack test runs using an EPA PM test method (e.g., Method 5) and simultaneously collect corresponding PM CEMS output data. PS 11, section 8.6, requires at least five test runs at each of three different operating (i.e., low, mid, and high PM concentration) conditions that range from 25 to 100 percent of allowable emissions, if possible, for a total of 15 or more test runs. Then the source must use the test method data and the corresponding PM CEMS output data to develop an equation (i.e., a calculated linear or nonlinear curve) that will be used to define the relationship between the PM CEMS output and the test method measured PM concentrations. Each site-specific correlation must meet several PS 11 acceptance criteria including limits on confidence interval and tolerance interval equating to ±25 percent of the applicable emissions limit. 2. Discussion of Technical Issues. A particular challenge in applying PM CEMS to source emissions monitoring is in measuring the very low PM concentrations associated with a low applicable emissions limits for PM precisely enough to meet the PS 11 correlation requirements. In addition to E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules measurement uncertainty inherent in PM CEMS data, the measurement uncertainty associated with the reference test method (e.g., Method 5) is a significant contributor to successful development of a PM CEMS correlation regardless of the type of PM CEMS used. As noted above, PS 11 specifies acceptable criteria for a correlation directly related to the applicable emissions limit. The Portland cement NESHAP PM emissions limit for existing sources of 0.04 lb/ton of clinker equates to 5 to 8 mg/dscm, depending on production rate (assuming a typical total gas flow rate per clinker production rate). For a PM CEMS set up to measure compliance with a 5 to 8 mg/ dscm equivalent limit, the inherent uncertainty associated with a 1 hour Method 5 measurement (±0.6 to 1.2 mg/ dscm) would constitute more than half of the ±25 percent of the applicable PS 11 acceptance threshold (i.e., ±1.2 to 2.0 mg/dscm) of the mid-level PS 11 correlation test (i.e. the correlation for the middle of the three PS 11 correlation points). Although one can improve the method detection capabilities of the Method 5 or other filterable PM test method by increasing sampling volume and run time, uncertainties in measurement would remain. For example to achieve a practical quantitation limit of 1 mg/dscm, one would need to conduct a test run of 6 hours or longer. The measurement uncertainty associated with a 6-hour Method 5 test runs at this concentration would be ±0.01 to 0.2 mg/dscm. At this level, the uncertainty associated with the PM test method measurements alone would be about half of the correlation limit allowed in PS 11. The PS 11 correlation calculations would also have to account for any PM CEMS measurement uncertainty. Factoring in the inherent PM CEMS response variability and the uncertainty associated with the representative sampling (e.g., PM and flow stratification), we agree with commenters that trying to satisfy PS 11 at such low concentrations using 1 hour Method 5 test runs could be problematic. The same issue arises for the new source standard because of the lower limit of the new source standard. The industry also argued that the variable raw feed material and chemical additives used in cement production will lead to changes in particle size, refractive index, particle density, and other physical characteristics of the particulate in the exhaust stream. This is important, according to the comments, because correlations developed for the light scatter and VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 scintillation PM CEMS technology may be adversely affected by these physical changes in particles irrespective of changes in mass emissions rates or concentrations. In developing the 2010 final rule, the EPA assumed that cement kilns would be using light-scatter or scintillation PM CEMS.9 The output or response of these light based detectors is a function of the index of refraction or photoelectric effects and the size distribution of the particles in the exhaust stream. In addition to being more sensitive than opacity monitors, light based detectors provide several degrees of design freedom not applicable to opacity monitors. PM CEMS manufacturers account for characteristics such as light wavelength, scattering angle, and solid angle of detection in designing instruments with desired response features. These types of PM CEMS can be reliably calibrated per PS 11 where the relative characteristics (e.g., distribution of size, shape, and constituents) of the PM in the exhaust remain relatively constant. Such may be the case, for example, where the PM being measured is predominantly combustion ash from burning fossil fuels in a boiler or an electricity generating unit. The dominant sources of PM from a cement kiln are not from fuel combustion but from processing raw materials. Cement kilns process mostly limestone with naturally occurring variability in component percentages. See 74 FR 21142 (May 6, 2009); 75 FR 54977 (September 9, 2010). Cement kiln operators also add other chemical additives in variable concentrations to produce certain product characteristics. See 74 FR 21142. As noted in the EPA’s technology background documents (e.g., https://www.epa.gov/ttn/emc/cem/ pmcemsknowfinalrep.pdf and https:// www.epa.gov/ttn/emc/cem/r4703-0207.pdf), the correlations developed for light-scatter or scintillation PM CEMS devices may be adversely affected when there are changes in the particle structure, size, and other physical characteristics of the emissions. These changes in emissions characteristics can occur with the variability inherent in the composition of fuels and raw feed materials, with use of mixed multiple fuels, or with addition of chemical additives in various proportions.10 This is an issue of special import for cement kilns. One can expect significant variations in particle size distribution EPA, CEMS Cost Model, July 2006. from C. Oldham to B. Schell, Particulate Matter Continuous Emission Monitoring System (PM CEMS) Capabilities, June 13, 2012. PO 00000 9 US 10 Memorandum, Frm 00009 Fmt 4701 Sfmt 4702 42375 and other particle characteristics in Portland cement kiln exhaust because of the complicating effects of variable content feed materials and chemical additives. That means that correlations developed for one set of conditions may not apply with changes in feed materials or under other operating conditions (e.g., different chemical additives). The EPA has investigated whether PM CEMS that work on principles other than light scattering could effectively measure cement kiln PM and be calibrated per PS 11 requirements. There is at least one other PM CEMS technology, beta attenuation PM CEMS, also referred to as beta gauge technology that is much less sensitive to changes in particle characteristics than are light based detectors. The beta attenuation PM CEMS extracts a sample for the stack gas and collects the PM on a filter tape. The device periodically advances the tape from the sampling mode to an area where the sample is exposed to Beta radiation. The detector measures the amount of beta radiation emitted by the sample and that amount can be directly related to the mass of PM on the filter. The majority of PM CEMS devices used to date by cement kilns are based on light scatter or scintillation detection. We understand that a few Portland cement operators have applied beta attenuation devices. Since the EPA premised the rule on use of a different type of PM CEMS, since there is minimal operating experience with beta gauge PM CEMS in this industry, and because we are not aware that the experience includes a beta gauge PM CEMS calibrated per PS 11, the EPA believes that some type of research effort involving testing would be needed before predicating a PM standard on use of a beta gauge PM CEMS. Such an effort is likely to take several years to implement.11 These issues exacerbate the uncertainties of calibrating PM CEMS at the level of the 2010 p.m. standards noted above. Using data from longer Method 5 test runs will improve the probability of a PM CEMS meeting PS 11 correlation requirements but will also raise practicality concerns potentially without completely resolving the problems. Given the combination of the low emissions concentrations PM CEMS measurement 11 We also note that PS 11 provides for means to minimize the effects of changing particle sizes, for example by developing multiple correlation curves, each of which requires 15 Method 5 test runs. The EPA did not consider such an approach in promulgating the rule and again, further technical work is needed to ascertain if such an approach would yield reliable results. E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 42376 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules uncertainty factors discussed above, the variability in composition of cement PM, and need for extraordinarily long test runs to reduce Method 5 uncertainty to a level that compensates sufficiently for the PM CEMS measurement uncertainty, the EPA believes that this correlation will not be technically or practically achievable for a significant number of cement kiln sources. 3. A monitoring approach alternative to PM CEMS and PS 11. To address technical issues associated with PM CEMS meeting PS 11 correlation requirements at low PM emissions concentrations from cement kilns and the potentially variable PM emissions characteristics expected from Portland cement kilns, the EPA is proposing to change the compliance basis for the PM emissions limit from PM CEMS and the 30-day average emissions calculation. For monitoring continuous compliance, the rule would require PM CEMS equipment but, as explained below, that equipment would be used for continuous parametric monitoring rather than for direct measure of compliance with the numerical PM emissions limit. The EPA is proposing to change the means of demonstrating compliance from PM CEMS to Method 5 stack testing. In applying Method 5, PM is withdrawn isokinetically from the source and collected on a glass fiber filter maintained at a temperature of 120 ± 14 °C (248 ± 25°F). The PM mass, which includes any material that condenses at or above the filtration temperature, is determined gravimetrically after the removal of uncombined water. Compliance with the numerical emissions limit is then based on an average of three 2-hour test runs rather than a 30-day average determined from PM CEMS data. The numerical level of the standard would change to reflect the different averaging period. See 75 FR 54988 (September 9, 2010) (explaining that more measurements of a properly designed and operated control device decreases measured variability since there are likely to be more measurements at the mean of performance); see also 75 FR 54975 (September 9, 2010) (explaining how this phenomenon is reflected in the Upper Prediction Limit (UPL) equation used to project variability, since the m term (i.e., the number of measurements) in the equation becomes larger with more observations resulting in a larger denominator and hence lower ultimate level). By changing from a 30-day average with potentially 720 hourly values to a three-run test average producing three test run values, we VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 reviewed and revised the calculation of the PM emissions floor and standard, and consistent with the court’s remand, removed all CISWI kilns from the database in doing so. In calculating the PM MACT floor, the best performing kilns used in the analysis changed as a result of removing the kilns identified as CISWI kilns. In addition, we realized that in the original analysis PM emissions data for a single kiln were inadvertently treated as test results for three different kilns. After making that correction and after eliminating kilns identified as CISWI, the number of kilns in the data set was reduced from 45 kilns to 28 kilns. Therefore, the best performing 12 percent was represented by four kilns. As a result of removing the CISWI kilns, two kilns which were not best performers in the 2010 dataset are now best performers. See TSD section 8.3 and Appendices E and F. As in the 2009 proposal, we used individual test run data from our best performing kilns and calculated the 99th confidence UPL. Rather than using m = 30 in the equation as we did in the 2010 final rule where compliance was based on a 30 day rolling average, see 75 FR 54988 (September 9, 2010), we used m = 3 consistent with the proposed requirement to determine compliance using a three run Method 5 test. Under this analysis, we determined the revised proposed PM MACT floor to be 0.07 lb/ ton clinker produced when based on the three run Method 5 test. Beyond-thefloor standards do not appear to be justified for the same reasons given in the 2010 final rule. See 75 FR 54988 (September 9, 2010). We are, therefore, proposing this emissions limit for the kiln and clinker cooler and an initial and annual compliance test using Method 5 to demonstrate compliance. These issues affecting the existing source PM limit also apply to the new source PM limit. Based on this revised compliance regime, the new source floor would change from 0.01 lb/ton clinker produced, to 0.02 lb/ton clinker produced, based on a three run average from a Method 5 stack test. See Portland Cement Reconsideration TSD, section 8.3. The best performing kiln used to set the MACT floor for new sources in the 2010 rule was a cement kiln, not a CISWI kiln, so the same kiln was used for this analysis. The difference is that because a 3-run test would be used to determine compliance rather than a 30day rolling average, the calculation of the 99th confidence UPL used m = 3 rather than 30, which results in a floor of 0.02 lb/ton clinker. The EPA is not proposing a beyond-the-floor standard PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 for the reasons given at 75 FR 54988 (September 9, 2010). As indicated above, the EPA is further proposing to use PM CEMS technology for continuous parametric monitoring of the proposed PM standards. The EPA has developed requirements for continuously monitoring operating parameters in instances where compliance is based on non-continuous measurements, as would now be the case for PM. This implements section 114(a)(3) of the CAA which requires major sources to use enhanced monitoring for compliance certifications. The EPA’s historic approach has been to require monitoring of a control device operating condition (e.g., electrical power, water flow rate, pH) the limit of which is based on a periodic compliance test with the compliance test method. The use of a continuous parametric monitoring system (CPMS) based on PM CEMS technology (PM CPMS) is a significant step closer to direct measurement of emissions in units of the emissions limit and an improvement over less direct monitoring of a process control device conditions. Specifically, this proposal recognizes the value of PM monitoring technology sensitive to changes in PM emissions concentrations and use of such a tool to assure continued good operation of PM control equipment. This approach avoids the PM CEMS calibration (i.e., PS 11 correlation) issues that can be exacerbated for Portland cement installations. PM CEMS technology can be effective in monitoring control device performance (see, e.g., 77 FR 9371 (February 16, 2012)) where the EPA established PM CPMS parametric operating limits for electricity generating units). As a result, this proposed rule would require the installation and operation of a PM CPMS for parametric monitoring associated with the proposed PM standard. The source owner would not have to meet PS 11 requirements but would have to prepare and submit for approval, if requested by a permitting authority, a site-specific monitoring plan to apply sound practices for installing, calibrating and operating the PM CPMS. Current PM CPMS have an operating principle based on in-stack or extractive light scatter, light scintillation or beta attenuation. The source owner or operator would need to examine the fuel and process conditions of his stack as well as the capabilities of these devices before selecting a particular CPMS technology. The reportable measurement output from the PM CPMS may be expressed as milliamps, stack E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules concentration or other raw data signal. For the purposes of this proposed rule, the source owner would establish an operating limit based on the highest PM CPMS hourly value collected during the most recent PM compliance test (or other stack tests accepted as a legitimate basis for compliance, as explained below). The source would collect PM CPMS data continuously and calculate a 30 operating day rolling average PM CPMS output value from the hourly PM CPMS data collected during process operating hours and compare that average to the site specific operating limit. For these reasons (i.e., 30 days to mitigate the effects of measurement and emissions variability and using the highest hourly average from the stack testing), the EPA believes that use of the PM CPMS for parametric monitoring should not pose the same technical issues as those underlying the proposed decision to base compliance on PM CEMS measurements. We are proposing a number of consequences if the kiln PM monitoring parameter is exceeded. First, the source owner will have 48 hours to conduct an inspection of the control device and to take action to restore the controls if necessary and 45 days to conduct a new PM Method 5 compliance test to verify ongoing compliance with the PM limit. Within 60 days complete the emissions sampling, sample analyses and verification that the source is in compliance with the emissions limit in accordance with the test procedures in either section 60.64 or 63.1349(b)(1). Also, determine an operating limit based on the PM CPMS data collected during the performance test. Compare the recalculated operating limit with the existing operating limit and, as appropriate, adjust the numerical operating limit to reflect compliance performance. Adjustments may include applying the most recently established highest of the three test run hourly averages or combining the data collected over multiple performance tests to establish a more representative value. Apply the reverified or adjusted operating limit value from that time forward. Second, the EPA is proposing that this proposed rule limit the number of deviations of the site-specific CPMS limit leading to follow up performance tests in any 12-month process operating period and an excess of this number be considered to be a violation of the standard. This presumption could be rebutted by the source, but would require more than a Method 5 test to do so (e.g., results of physical inspections). This additional information is necessary since a Method 5 test could not be conducted following the discovery of deviations and would not necessarily represent conditions identical to those when the deviations occurred. The basis for this part of the proposal is that the site-specific CPMS limit could represent an emissions level higher than the proposed numerical emissions limit since the PM CPMS operating limit corresponds to the highest of the three runs collected during the Method 5 performance test. Second, the PM CPMS operating limit reflects a 30-day average that should represent an actual emissions level lower than the three test run numerical emissions limit since variability is mitigated over time. See 75 FR 54988 (September 9, 2010); 54975– 76. Consequently, we believe that there should be few if any deviations from the 30-day parametric limit and there is a 42377 reasonable basis for presuming that deviations that lead to multiple performance tests to represent poor control device performance and to be a violation of the standard. Therefore, the EPA is proposing that PM CPMS deviations leading to more than four required performance tests in a 12-month process operating period to be presumed a violation of this standard, subject to the source’s ability to rebut that presumption with information about process and control device operations in addition to the Method 5 performance test results. Finally, the EPA is proposing that the NSPS for PM established pursuant to section 111(bb) also be revised so that these limits are no longer CEMS-based and reflect the resulting different numerical values and averaging times. Although the NSPS for PM rests on a justification independent of the NESHAP PM standard (see PCA v. EPA, 665 F. 3d at 192–93), the technical issues associated with the use of PM CEMS in this industry are common to both standards and the proposed amendments, therefore, appear appropriate for the NSPS as well. The EPA believes that these proposed requirements represent Best Demonstrated Available Technology for new cement kilns given that the standards remain predicated on the performance of the best industry performers and the costs remain those already found to be reasonable. See id. at 191–92 discussing and upholding the EPA’s NSPS for PM. E. Summary of Proposed Standards Resulting From Reconsideration The EPA is proposing the following revised MACT standards: TABLE 3—PROPOSED EXISTING AND NEW SOURCE FLOORS AND STANDARDS a Pollutant Existing source standard Mercury .............................................................. THC ................................................................... PM ..................................................................... HCl ..................................................................... Organic HAP ...................................................... 55 lb/MM tons clinker ....................................... 24 ppmvd .......................................................... 0.07 lb/ton clinker (3-run test average) ............ 3 ppmvd ............................................................ 12 ppmvd .......................................................... New source standard 21 lb/MM tons clinker. 24 ppmvd. 0.02 lb/ton clinker (3-run test average). 3 ppmvd. 12 ppmvd. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 a Standards for mercury and THC are based on a 30-day rolling average. The standard for PM is based on a three run test. If using a CEMS to determine compliance with the HCl standard, the floor is also a 30-day rolling average. Organic HAP standards are discussed in section H below. F. Standards for Fugitive Emissions From Clinker Storage Piles In the September 2010 rule, the agency established work practice requirements to reduce fugitive emissions from outdoor clinker storage piles. The agency had information that these storage piles emit HAP in the form of fugitive PM containing HAP metals, VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 so that regulation of these sources was necessary. Because the emissions in question were fugitive dusts for which measurement was not feasible, the agency adopted work practices as the standard, specifically the work practice standards and opacity emissions limits contained in California’s South Coast Air Quality Management District Rule PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 1156 as amended on March 6, 2009. Because there were only two plants which we could state definitively had open storage piles and both were complying with Rule 1156, we believed that the regulatory standards under Rule 1156 constituted the floor level of control. The current promulgated work practices consist of providing varying E:\FR\FM\18JYP2.SGM 18JYP2 42378 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules degrees of enclosures or barriers to prevent wind erosion of the storage piles. See generally 75 FR 54989 (September 9, 2010). In their reconsideration petition, the cement industry maintained that the EPA did not provide sufficient notice of the standards it might adopt for clinker storage piles. We agreed and granted reconsideration. See 76 FR 28325 (May 17, 2011). The D.C. Circuit stayed the standard pending the conclusion of the EPA’s reconsideration. See 665 F. 3d at 189. Industry also noted, correctly, that more than two plants are potentially affected by clinker pile standards, so that the California rule is not necessarily a floor level of control. To evaluate which work practices are currently used in the industry, we requested data from the industry on currently used work practices. We also undertook a review of state permits to determine the level of controls to which open clinker piles are currently subject. Based on this information, the EPA is proposing to amend the work practices for clinker storage piles. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 1. What is a clinker pile? Clinker storage is necessary to allow near continuous kiln operation and intermittent grinding and processing of the clinker. Clinker storage is also necessary in the event of unplanned or planned kiln shutdowns. Cement plants use silos, domes or other enclosure for clinker storage. Additional clinker storage may also be necessary to accommodate extended shutdown periods for kiln maintenance and/or market conditions. When the conventional enclosed storage is not adequate, clinker may be stored in outdoor piles. Unlike automated systems for drawing down clinker from enclosed silos, these temporary outdoor storage piles are drawn down using equipment such as front end loaders or other reclaiming equipment. Outdoor clinker storage may be temporary, lasting a few days or weeks and up to several months. There are also open clinker piles that have been in existence for years and are essentially permanent. 2. What are the proposed standards? We are proposing amended standards that will control HAP metal emissions from open clinker piles. Because the emissions are fugitive, we are proposing work practices instead of an emissions limit since it is ‘‘not feasible to prescribe or enforce an emission standard’’ for these emissions because, as fugitive emissions, they are not ‘‘emitted through a conveyance designed and constructed to emit or capture such VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 pollutant’’. See CAA section 112 (h)(2)(A). The work practices would apply to any open clinker piles regardless of the quantity of clinker or the length of time that the clinker pile is in existence. According to industry stakeholders, virtually all Title V permits oblige cement plant operators to ‘‘minimize’’ fugitive emissions including those from open clinker piles. See Portland Cement Reconsideration TSD, section 2, which is available in this rulemaking docket. Our examination of relevant permits indicates that some permits establish an opacity limit not to be exceeded in conjunction with materials management. Others contain a ‘‘no visible emissions’’ limitation at the fence line of the facility. Industry stakeholders state that to minimize fugitive emissions from open clinker piles, plants employ a number of practices, the most common being to use water sprays to form a concrete-like crust on the exposed surface of the clinker pile. Clinker has cement like properties and when exposed to water will hydrate and harden. The crust formed by this practice is very effective at reducing fugitive emissions as long as the pile is not disturbed. Another common practice is to cover clinker piles with tarps, which may be held down with tires, which effectively minimizes fugitive emissions. Some plants also use foam sprays on the exposed surface of the pile, forming a coating which reduces or prevents fugitive emissions. Based on our review of 88 state Title V permits, all but one permit required one or a combination of the following control measures to reduce fugitive emissions generally: Work practices, opacity or visible emission limits, prohibitions against open clinker piles and some type of general duty requirements to minimize fugitive dust emissions. Eight of the permits contained requirements specific to open or outdoor clinker piles. Eighteen permits contained standards that restricted emissions more generally from outdoor storage piles including opacity and visible emissions limits and general duty requirements to not produce PM or dust emissions at the property line. Seventy-seven permits contained facility-wide restrictions that applied to a variety of fugitive sources at the cement facilities (e.g. roads, storage, raw materials). In only one permit was it not clear that there were requirements to minimize fugitive dust emissions. With the exception of total enclosure of all open clinker piles, the EPA believes that the control measures in the PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 permits are equally effective in reducing fugitive emissions. These measures are, therefore, consistent with section 112(d) controls and reflect a level of performance analogous to a MACT floor. See CAA section 112(h)(1) (in promulgating work practices, the EPA is to adopt standards ‘‘which in the Administrator’s judgment [are] consistent with section (d) or (f) of this section.’’) The option of full enclosures, somewhat analogous to a beyond-thefloor standard under section 112(d)(2), would be extremely costly with minimum associated emissions reductions incremental to the measures already undertaken (which already reduce most or all of the fugitive emissions from these piles). The EPA, therefore, is not proposing to mandate such a practice. Industry cost estimates for a full enclosure with a capacity of 50,000 tons of clinker range from $10–$25 million in capital cost and $400,000–$500,000 annual operating cost (See Portland Cement Association, Clinker Piles, September 7, 2011, available in the rulemaking docket). We also are not proposing opacity or visible emission standards, for several reasons. If work practices are properly implemented, we believe fugitive emissions, including visible emissions, from clinker piles will be effectively controlled. Such emission limits would also be redundant with work practice requirements. Moreover, in many cases, the temporary, short-term nature of clinker piles would make it impractical to implement an emissions monitoring program that would be more effective than the proposed work practices. We are proposing that one or more of the following control measures be used when adding clinker to a pile, during on-going clinker storage, and when reclaiming the clinker for processing, to minimize to the greatest extent practicable fugitive dust emissions from open clinker storage piles: Locating the source inside a partial enclosure (such as a three sided structure with tarp), installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the pile, use of a wind barrier or use of a tarp. The owner or operator must select, from the list provided, the control measure or combination of control measures that are most appropriate for the site conditions. We are allowing the owner or operator to select the most appropriate control measure or combination of measures for their situation. We are proposing that the owner or operator must include as part of their operations and maintenance plan (required in § 63.1347) the fugitive dust E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 control measures that they will implement to control fugitive dust emissions from open clinker piles. These control measures would apply to the addition of clinker to the pile, ongoing clinker storage and reclaiming the clinker for processing. We are proposing the same standards for new sources as existing sources. In the case of a clinker storage pile, there is no essential difference between ‘new’ and ‘existing’. These piles generally reflect temporary storage situations, and are not analogous to building a one-time stationary structure where there are opportunities for newly-constructed entities that do not exist for existing entities. The EPA consequently is proposing the same standards for both. G. Affirmative Defense to Civil Penalties for Exceedances Occurring During Malfunctions In response to comments, the EPA added to the September 9, 2010, final rule an affirmative defense to civil penalties for exceedances of emissions limits that are caused by malfunctions. Various environmental advocacy groups, as well as the Portland Cement Association (PCA), indicated that there had been insufficient notice of this provision. The EPA agreed and granted reconsideration. See 76 FR 28325 (May 17, 2011). We are proposing to retain the affirmative defense on reconsideration. This provision seeks to balance a tension, inherent in many types of air regulation, to ensure adequate compliance while simultaneously recognizing that despite the most diligent of efforts, emission limits may be exceeded under circumstances beyond the control of the source. The EPA must establish emission standards that ‘‘limit the quantity, rate, or concentration of emissions of air pollutants on a continuous basis.’’ See 42 U.S.C. 7602(k) (defining ‘‘emission limitation and emission standard’’). See generally Sierra Club v. EPA, 551 F.3d 1019, 1021 (D.C. Cir. 2008) Thus, the EPA is required to ensure that section 112 emissions limitations are continuous. The affirmative defense for malfunction events meets this requirement by ensuring that even where there is a malfunction, the emission limitation is still enforceable through injunctive relief. Although ‘‘continuous’’ limitations, on the one hand, are required, there is also case law indicating that in many situations it is appropriate for the EPA to account for the practical realities of control technology. For example, in Essex Chemical v. Ruckelshaus, 486 F.2d 427, 433 (D.C. Cir. 1973), the D.C. Circuit acknowledged that in setting standards VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 under CAA section 111 ‘‘variant provisions’’ such as provisions allowing for upsets during startup, shutdown and equipment malfunction ‘‘appear necessary to preserve the reasonableness of the standards as a whole and that the record does not support the ‘never to be exceeded’ standard currently in force.’’ See also, Portland Cement Association v. Ruckelshaus, 486 F.2d 375 (D.C. Cir. 1973). Though intervening case law such as Sierra Club v. EPA and the CAA 1977 amendments undermine the relevance of these cases today, they support the EPA’s view that a system that incorporates some level of flexibility is reasonable. The affirmative defense simply provides for a defense to civil penalties for excess emissions that are proven to be beyond the control of the source. By incorporating an affirmative defense, the EPA has formalized its approach to upset events. In a Clean Water Act setting, the Ninth Circuit required this type of formalized approach when regulating ‘‘upsets beyond the control of the permit holder.’’ Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272–73 (9th Cir. 1977); see also, Mont. Sulphur & Chem. Co. v. United States EPA, 2012 U.S. App. LEXIS 1056 (Jan 19, 2012) (rejecting industry argument that reliance on the affirmative defense was not adequate). But see, Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057–58 (D.C. Cir. 1978) (holding that an informal approach is adequate). The affirmative defense provisions give the EPA the flexibility to both ensure that its emission limitations are ‘‘continuous’’ as required by 42 U.S.C. § 7602(k), and account for unplanned upsets and thus support the reasonableness of the standard as a whole. Petitions filed by environmental advocacy groups question the EPA’s authority to promulgate the affirmative defense arguing, among other things, that the affirmative defense is inconsistent with the provisions of CAA sections 113(e) and 304(b) governing penalty assessment and citizen suits, respectively. The EPA’s view is that the affirmative defense is not inconsistent with CAA section 113(e) or 304. Section 304 gives district courts’ jurisdiction ‘‘to apply appropriate civil penalties.’’ Section 113(e)(1) identifies the factors that the Administrator or a court shall take into consideration in determining the amount of a penalty to be assessed, once it has been determined that a penalty is appropriate. The affirmative defense regulatory provision is not relevant to the amount of any penalty to be assessed. If a court determines that the affirmative defense elements have PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 42379 been established, then a penalty is not appropriate and penalty assessment pursuant to the section 113(e)(1) factors does not occur. In exercising its authority under section 112 to establish emission standards (at a level that meets the stringency requirements of section 112), the EPA necessarily defines conduct that constitutes a violation. The EPA view is that the affirmative defense is part of the emission standard and defines two categories of violation. If there is a violation of the emission standard and the source demonstrates that all the elements of the affirmative defense are met, only injunctive relief is available. All other violations of the emission standard are subject to injunctive relief and penalties. A citizen suit claim under section 304 allows citizens to commence a civil action against any person alleged to be in violation of ‘‘an emission standard or limitation under this chapter.’’ The CAA, however, allows the EPA to establish such ‘‘enforceable emission limitations.’’ Thus, the citizen suit provision clearly contemplates enforcement of the standards that are defined by the EPA. As a result, where the EPA defines its emissions limitations and enforcement measures to allow a source the opportunity to prove its entitlement to a lesser degree of violation (not subject to penalties) in narrow, specified circumstances, as the EPA did here, penalties are not ‘‘appropriate’’ under section 304. The EPA solicits comments on this issue of the EPA’s authority to promulgate an affirmative defense. The EPA’s view is that an affirmative defense to civil penalties for exceedances of applicable emission standards during periods of malfunction appropriately balances competing concerns. On the one hand, citizen enforcers are concerned about additional complications in their enforcement actions. On the other hand, industrial sources are concerned about being penalized for violations caused by malfunctions that they could not have prevented and were otherwise appropriately handled (as reflected in the affirmative defense criteria). The EPA has used its section 301(a)(1) authority to issue regulations necessary to carry out the Act in a manner that appropriately balances these competing concerns. However, the EPA also solicits comment on alternatives to, or variations on, the affirmative defense provisions promulgated in the 2010 final rule. In its petition for reconsideration, the PCA expressed support for the affirmative defense, but maintains that E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 42380 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules ‘‘the affirmative defense process that EPA codified in the final rules is cumbersome and will be exceedingly difficult for facilities to employ.’’ The EPA is soliciting comment on the terms and condition of the affirmative defense. In recent rules promulgated under section 112 and 129, the EPA has revised certain terms and conditions of the affirmative defense in response to concerns raised by various commenters. The EPA is proposing to adopt those same revisions in this proposed rule. The EPA is proposing to revise the affirmative defense language to delete ‘‘short’’ from section 63.1344(a)(1)(i), because other criteria in the affirmative defense require that the source assure that the duration of the excess emissions ‘‘were minimized to the maximum extent practicable.’’ The EPA is also proposing to delete the term ‘‘severe’’ in the phrase ‘‘severe personal injury’’ in 63.1344(a)(4) because we do not think it is appropriate to make the affirmative defense available only when bypass was unavoidable to prevent severe personal injury. In addition, the EPA is proposing to revise section 63.1344(a)(8) to add ‘‘consistent with good air pollution control practice for minimizing emissions.’’ The EPA is also proposing to revise the language of 63.1344(a)(9) to clarify that the purpose of the root cause analysis is to determine, correct and eliminate the primary cause of the malfunction. The root cause analysis itself does not necessarily require that the cause be determined, corrected or eliminated. However, in most cases, the EPA believes that a properly conducted root cause analysis will have such results. Further, the EPA is proposing to revise 63.1344(b) to state that ‘‘[t]he owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator in a semiannual report with all necessary supporting documentation, that it has met the requirements set forth in section 63.1354(c) of this subpart.’’ This report must be included in the first semiannual report, required by section 63.1354(b)(9), after the initial occurrence of the violation of the relevant standard. If the semiannual report is due less than 45 days after the initial occurrence of the violation, the affirmative defense report may be included in the second semiannual report due after the initial occurrence of the violation of the relevant standard. See proposed regulatory text for other proposed minor wording changes to improve clarity. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 H. Continuously Monitored Parameters for Alternative Organic HAP Standard (With THC Monitoring Parameter) In the September 2010 final rule, the EPA promulgated an alternative standard for non-dioxin organic HAP, based on measuring the organic HAP itself rather than the THC surrogate. Section 63.1343(b)(1) provides two options for meeting a standard for organic HAP. One is to meet a THC standard of 24 ppmvd; the other is to meet a limit of 9 ppmvd of total organic HAP. This equivalent alternative standard is intended to provide additional flexibility in determining compliance, and it would be appropriate for those cases in which methane and ethane comprise a disproportionately high amount of the organic compounds in the feed because these non-HAP compounds could be emitted and would be measured as THC. The specific organic compounds that are to be measured to determine compliance with the equivalent alternative standard are benzene, toluene, styrene, xylene (ortho-, meta-, and para-), acetaldehyde, formaldehyde and naphthalene. Compliance with the equivalent alternative standard under the September 2010 standard will be determined through organic HAP emissions testing using EPA Method 18 or 320, as appropriate for the compound of interest. The 2010 rule further requires that each source complying with the alternative standard establish a site-specific THC limit to be met continuously. The site-specific THC limit will be measured as a 30 day rolling average, with an annual compliance test requirement. It would be correlated with the organic HAP limit and is therefore not tied to the THC standard of 24 ppmvd. We granted reconsideration on the level of this sitespecific THC limit used as a continuously monitored parameter for those sources selecting the alternative HAP compliance method. See 76 FR 28318 (May 17, 2011). Since THC includes compounds that are not considered to be hazardous, either of the two standards are considered to be reasonable. While the September 2010 final rule required an organic HAP limit of 9 ppmvd, a recent review of the method detection limits used to measure organic HAP revealed that three times the representative method detection level (3*RMDL) is actually 12 ppmvd, therefore, we propose to revise the alternative organic HAP limit to 12 ppmvd. As discussed in the final rule, the expected measurement imprecision for an emissions value at or near the PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 method detection level is about 40 to 50 percent and decreases to a consistent 10 to 15 percent for values that are three times the method detection level. See 75 FR 54984 (September 9, 2010); see also section D above. Thus, measured values less than three times the representative method detection level are highly uncertain and therefore not reasonable for compliance determinations. The 3*RMDL of 12 ppmvd was determined as follows: we determined method detection capabilities for Method 320 and Method 18 as appropriate for the various compounds (e.g., Method 320 for aldehydes, Method 18 for aromatic hydrocarbons (arenes)). This approach is consistent with procedures practiced by the better performing testing companies and laboratories using sensitive analytical procedures. We determined for each of the organic HAP the expected method detection level for the respective method based on internal experience and method capabilities reported by testing companies. With these reported values, we identified the resulting mean of the method detection levels, adjusted them for dilution and moisture, summed them, and then multiplied the sum by three to determine the representative detection level (RDL). The resulting RDL value was found to be 11.2 ppmvd @ 7 percent oxygen (O2), dry. This value is greater than the final 9 ppmvd @ 7 percent O2, dry, in the final rule. We are, therefore, proposing to adjust the total organic HAP limit to 12 ppmvd @ 7 percent O2, dry (rounded up from the 11.2 ppm RDL). At this level, we believe that currently available emissions testing procedures and technologies can be used to provide measurements of sufficient certainty for sources to demonstrate compliance. A detailed discussion of the use of the RDL to arrive at the proposed organic HAP limit is found in the Portland Cement Reconsideration TSD, section 3, which can be found in the docket for this rulemaking. A consequence of this analysis is that the accuracy of the analytic methods for organic HAP appear to be insufficient to allow sources to scale up their sitespecific THC limit based on the degree to which the measured organic HAP levels were below the organic HAP limit—the organic HAP limit, even as proposed to be revised, is at the reliable limit of detection as just explained. Therefore, this proposed rule retains the provision whereby the site-specific THC operating parameter is established at the same time the performance test is conducted for organic HAP. If the sitespecific THC operating parameter is E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 exceeded, then the kiln would have to be retested to determine compliance with the organic HAP limit. This proposed rule would further require that the tests for organic HAP and THC be repeated annually to establish a new annual site-specific THC parameter reflecting the organic HAP level. We also are proposing, similar to the PM compliance test procedure, that the highest 1-hour average THC concentration measured during the 3hour organic HAP test, be used as the site-specific THC parameter, and are allowing facilities to extend the testing time (or number of tests) if they believe extended testing is required to adequately capture THC variability over time. The EPA specifically solicits comment on the changes on the organic HAP limit. In addition, we solicit comment on if it would it be appropriate to allow sources to scale up their site-specific THC limit based on the degree to which the measured organic HAP levels are below the organic HAP limit. I. Allowing Sources With Dry Caustic Scrubbers To Comply With HCl Standard Using Performance Tests To demonstrate compliance with the HCl emissions limit, the September 2010 final rule allows sources equipped with wet scrubbers to comply with the HCl standard by means of periodic performance tests rather than with continuous monitoring of HCl with a CEMS (see § 63.1349(b)(6)). We reasoned that a source that uses a limestone wet scrubber for HCl control will have minimal HCl emissions even if kiln inputs change because limestone wet scrubbers are more efficient in removing HCl than they are required to be, to meet the standard. Sources electing to comply by means of stack tests must establish continuously monitored parameters including liquid flow rate, pressure and pH. Sources using a limestone wet scrubber are required to perform an initial compliance test using Method 321 in Appendix A to 40 CFR part 63 and to test every 30 months thereafter. In their petition, industry stakeholders indicated that this compliance option should not be limited to wet scrubber equipped units, but should also be available for units equipped with caustic scrubbers, in part because some sources will be equipped with dry scrubbers (due to water shortages) and should have the same operating flexibilities as wet scrubber equipped kilns. A recent review of data from a vendor of acid gas controls using a standard hydrated lime and a high performance VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 hydrated lime at a U.S. cement manufacturing plant, revealed that HCl removal from dry scrubbers on kilns ranged from 90 to 95 percent HCl removal, depending on lime injection rates (Lhoist North America, Cement Industry Experience, DSI for Acid Gas Control, October 5, 2011). The results also showed the plant could meet the 3 ppm HCl limit. The EPA also evaluated HCl removal efficiency using dry sprayer absorber with a fabric filter as part of the electric utility generating MACT rulemaking. Removal efficiencies ranged from 95 percent to nearly 100 percent with an average of about 99.8 percent (Hutson to Nizich, HCl control using SDA/FF, November 29, 2011). In addition, information from the National Lime Association (https://www.lime.org/ uses_of_lime/environmental/ flue_gas.asp) and the Institute for Clean Air Companies (https://www.icac.com/ i4a/pages/index.cfm?pageid=3401) report HCl emissions reductions using dry lime injection technology of 95 to 99 percent from coal-fired boilers in the electric utility industry, from municipal waste-to-energy facilities and from other industries. In the secondary aluminum industry, reductions in HCl emissions greater than 99 percent have been achieved (National Lime Association, Flue Gas Desulfurization, https:// www.lime.org/uses_of_lime/ environmental/flue_gas.asp). Given these high reported removal efficiencies, we propose to extend the same option provided to kilns equipped with wet scrubbers to dry scrubberequipped kilns. Thus, kilns with either type of scrubber could demonstrate compliance with the HCl limit by means of an initial and periodic stack test rather than with continuous compliance monitoring with a CEMS. In order to assure that the dry lime injection equipment is operated effectively between tests, the proposed amendment would require that the lime injection rate used during the performance test demonstrating compliance with the HCl limit be recorded and then continuously monitored between performance tests to show that the injection rate remains at or above the rate used during the performance test. We are also proposing an additional alternative for all kilns equipped with a dry or wet scrubber (and, under this proposal, could therefore do periodic HCl performance testing and parametric monitoring). Where either wet or dry scrubbers are used, we are proposing that an owner or operator would have the option of using SO2 monitoring as a continuously monitored parameter for purposes of compliance monitoring. Because HCl is a water-soluble PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 42381 compound and because it has a large acid dissociation constant (i.e., HCl is a strong acid), it will be more rapidly and readily removed than SO2 from a gas stream treated with either caustic sorbents (e.g., lime, limestone) or plain water. We acknowledge that at proposal (see 74 FR 21154, May 6, 2009) we rejected setting a standard (as opposed to a continuously monitored parameter) that used SO2 as a surrogate for HCl because we had no data that demonstrated a direct link between HCl emissions and SO2 emissions. However, pilot-scale tests by the EPA at its Multipollutant Control Research Facility support the use of the more easily measured SO2 as a surrogate for HCl where either wet or dry scrubbers are used. See Docket item EPA–HQ–OAR– 2009–0234–3893. Further, we are aware that there are existing kilns equipped with SO2 CEMS and that this monitoring technology is less expensive and more mature than HCl CEMS. Thus, we are proposing that SO2 is an indicator for HCl compliance, and that monitoring the emissions of SO2 will provide a reliable indication of HCl removal, making SO2 monitoring an appropriate parameter for monitoring continuing compliance. Owners or operators of kilns equipped with dry or wet scrubbers that choose to use SO2 monitoring would need to conduct an initial performance test for HCl and establish the SO2 operating limit equal to the highest 1 hour average recorded during the HCl performance test, so that there is an indication of proper operation of the HCl control device. The owner or operator of a kiln controlled using either a dry or wet scrubber that chooses to monitor SO2 would not be required to also establish continuously monitored parameters reflecting the performance test results, such as lime injection rate for a dry scrubber and liquid flow rate, pressure and pH for a wet scrubber. Deviation from any established parameter level or established SO2 operating level would trigger a requirement to retest for HCl in order to verify compliance with the HCl limits and to verify or re-establish the parameter levels. At a minimum, a repeat performance test to confirm compliance with the HCl emissions limit and to reset the SO2 limit and monitoring parameters is required every 5 years. We are requesting comment on the efficacy of continuously monitoring SO2 as a continuously monitored parameter in lieu of continuously monitoring HCl control device parameters, and also solicit comment on testing every 30 months for HCl for purposes of E:\FR\FM\18JYP2.SGM 18JYP2 42382 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules monitoring compliance with the HCl emissions limit. J. Alternative PM Limit Some kilns combine kiln exhaust gas with exhaust gas from other unit operations, such as the clinker cooler, as an energy saving practice. The September 2010 final rule sought to accommodate commingled flows from the kiln and clinker cooler by providing a site specific PM limit. See section 63.1343(b)(2). In its reconsideration petition, the PCA pointed out, however, that other flows besides the exhaust gas flow from the clinker cooler can be commingled as well. The petitioner provided the example of coal mill exhaust and exhaust from an alkali bypass as instances of additional flows that can be commingled with the exhaust gas flow from the kiln. The petitioner observed that without an allowance for these additional flows, the site specific PM limit is stricter than the EPA intended (since the PM concentration will be divided by a lower number in the implementing equation), and penalizes the energy-saving practice of commingling these flows. The agency agreed with the petitioner that the alternative PM equations for existing and new sources contained in the final rule do not adequately account for commingled exhaust gas flows from sources other than the clinker cooler, and granted reconsideration for this reason. See 76 FR 28325 (May 17, 2011). We believe that although the form of the equation is correct, the equation is not written to accommodate sources other than exhaust gases from the clinker cooler. We are proposing to revise the equation so that it includes exhaust gas flows for all potential sources that would potentially be combined, including exhausts from the kiln, the alkali bypass, the coal mill, and the clinker cooler, for an existing kiln, the EPA is proposing the following equation: PMalt = 0.0060 × 1.65 × (Qk + Qc + Qab + Qcm)/(7000) mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Where: PMalt = The alternative PM emission limit for commingled sources. 0.006 = The PM exhaust concentration (gr/ dscf) equivalent to 0.07 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined.12 1.65 = The conversion factor of lb feed per lb clinker. Qk = The exhaust flow of the kiln (dscf/ton raw feed). 12 Note that this figure would change correspondingly if the EPA were to amend the existing source PM standard. The same is true of the PM term in the new source equation. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 Qc = The exhaust flow of the clinker cooler (dscf/ton raw feed). Qab = The exhaust flow of the alkali bypass (dscf/ton raw feed). Qcm = The exhaust flow of the coal mill (dscf/ ton raw feed). 7000 = The conversion factor for grains (gr) per lb. If exhaust gases for any of the sources contained in the equation are not commingled and are exhausted through a separate stack, their value in the equation would be zero. The alternative PM equation for new sources is identical to the existing source equation except the PM exhaust concentration used in the equation is 0.002 grains per dry standard cubic foot, which is equivalent to the new source PM limit of 0.02 lb/ton clinker. K. Standards During Startup and Shutdown In the final NESHAP, the EPA established separate standards for startup and shutdown which differ from the main standards. These standards require kilns to meet numerical limits for each pollutant regulated by the rule, each standard to be measured using a CEMS over an accumulative 7-day rolling average. 75 FR 54991 (September 9, 2010). Industry petitioned the EPA to reconsider these standards claiming lack of notice, but the EPA denied these petitions because the agency had already provided ample opportunity for comment which petitioners had used. See 76 FR 28323 (May 17, 2011). The D.C. Circuit dismissed all challenges to these startup and shutdown provisions (see 665 F 3d at 189). The EPA did grant reconsideration on several technical issues related to startup and shutdown—certain aspects of CEMbased monitoring of mercury and PM during startup and shutdown—issues which would be moot if the EPA adopts the approach proposed below—and having an HCl limit of zero for kilns not equipped with CEMS (see 76 FR 28325 (May 17, 2011)). The EPA is proposing to retain the startup and shutdown standards for mercury and THC, to amend the startup and shutdown standards for PM to be consistent with the proposed numeric levels in this proposal, and to amend the level of the startup and shutdown standard for HCl to be 3 ppm in all circumstances. The EPA is further proposing to clarify that startup begins when the kiln’s induced fan is turned on and continues until continuous raw material feed is introduced into the kiln. Shutdown begins when feed to the kiln is halted. Thus, during startup and shutdown, as defined, a kiln would not PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 be firing coal or coke and would not be introducing feed material into the kiln continuously. HAP emissions from cement kilns are attributable almost entirely to one or the other of these feeds, with raw materials contributing the great preponderance. In addition, kilns burn fuels during startup and shutdown which are cleaner than coal and coke (natural gas is used for the most of the startup). Thus, HAP emissions during startup and shutdown necessarily should be far less than the numerical limits in the standards since the kiln will not be introducing raw materials, and will be burning fuels which are cleaner than its normal fuels. Accordingly, the EPA is further proposing to change the means of monitoring for compliance with the startup and shutdown standards. Rather than require monitoring by a CEM or by stack testing, the EPA is proposing that a source keep records of the volumes of fuels introduced into the kiln during startup and shutdown to verify that raw materials are not introduced into the kiln, although, by definition, if raw materials are introduced continuously into the kiln, the kiln is not operating in startup and shutdown and the monitoring requirements of the main standards would therefore apply. Kiln owners and operators would then make conservative assumptions as to the combustion efficiency of the kiln so as to reasonably estimate destruction of organics, and include mass balance calculations showing that the startup/ shutdown standards would not be exceeded. These proposed recordkeeping requirements would serve as the basis for compliance monitoring. The EPA believes that these proposed recordkeeping requirements are both sufficient to yield reliable information for the startup and shutdown periods, and to establish a source’s compliance or non-compliance with the startup and shutdown standards. The EPA also believes that this proposed requirement would satisfy the requirements of 40 CFR section 70.6(c)(1) which requires that Title V permits shall contain ‘‘monitoring * * * requirements sufficient to assure compliance with the terms and conditions of the permit.’’ The EPA is further proposing that the standard for HCl during startup and shutdown be 3 ppmvd under all circumstances, and thus is proposing to eliminate the current provision that the startup and shutdown standard be zero for kilns measuring compliance by means other than a CEM. As shown in the petitions for reconsideration, HCl can be formed even when normal fuels and raw materials are not being E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 introduced into the kiln (for example, from residual chlorides in the kiln refractory). See PCA Petition for Reconsideration Exh. 1. Consequently, the promulgated limit of zero is technically inappropriate, and the EPA is proposing to amend it to 3 ppmvd, the same standard which applies in all other operating modes. Monitoring during startup and shutdown would be accomplished by recordkeeping, as explained above. The EPA also solicits comment on whether the numeric standards during startup and shutdown should be amended to provide work practices, rather than numeric standards. Work practices could require operation of emission control devices during startup and shutdown, minimizing the time periods of startup/shutdown, and following manufacturer’s best practices. We rejected work practices for startup and shutdown periods in the 2010 final rule because the commenters requesting such standard failed to demonstrate why it is ‘‘not feasible * * * to prescribe or enforce an emission standard’’ for mercury, THC, PM and HCl during startup and shutdown at cement kilns, within the meaning of section 112(h) of the Act. See NESHAP from the Portland Cement Manufacturing Industry Response to Comments Received on Proposed Rule Published on May 6, 2009, 74 FR 21135, August 6, 2010 at p. 184. L. Coal Mills Cement kilns burn coal as their main fuel, and mill the coal before firing it. From the standpoint of air emissions, these coal mills are sometimes physically distinct from the cement kiln, generating emissions solely attributable to the coal mill and emitting exhaust through a dedicated stack. However, some kilns are configured so that coal mill emissions are commingled with kiln exhaust and the emissions are discharged through the main kiln stack. Finally, there are some configurations whereby kiln emissions are routed to the coal mill and discharged through the coal mill stack. This part of the preamble discusses the regulatory treatment of these different scenarios. First, the EPA has promulgated new source performance standards (40 CFR part 60 subpart Y) for coal mills. See 74 FR 51952 (October 8, 2009). These standards apply to coal mills, including coal mills at cement manufacturing facilities, which emit through a dedicated stack. Subpart Y standards do not apply to coal mills at cement facilities whose only heat source is kiln exhaust. See section 60.251(j) (definition of indirect thermal dryer). VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 This leaves ambiguous, or partially ambiguous, the regulatory treatment of the second and third situations mentioned above: A kiln whose coal emissions are discharged through the main kiln stack, and the coal mill which receives some exhaust from the cement kiln so that some portion of the coal mill exhaust can reflect cement kiln emissions. Because we did not address these issues in the 2010 final NESHAP for Portland cement kilns, we granted reconsideration in order to do so. See 76 FR 28326 (May 17, 2011). A cement kiln which commingles emissions from its coal mill with all other emissions and discharges through kiln emission points would have to meet all of the NESHAP. In the case of PM, the additional flow from the coal mill would be accounted for in the equation used to determine PM contributions from commingled flows. See section K above. In the case of a coal mill which receives and discharges some of the cement kiln exhaust, the regulatory concern is that this re-routing of kiln exhaust not result in uncontrolled HAP emissions. Our basic principle for this situation could be that the kiln demonstrate that it is meeting all of the NESHAP standards for pollutants not regulated under the subpart Y coal mill standard, that is mercury, THC and HCl. Because the subpart Y standards contain a PM standard predicated on use of fabric filter control technology, we do not believe it necessary to account for diverted PM emissions. We are soliciting comment on the following compliance mechanism for the mercury, THC and HCl standards in this situation: The sum of the mercury, THC and HCl in the kiln exhaust diverted to the coal mill, and the kiln exhaust exhausted in the main kiln stack, must not exceed the subpart LLL NESHAP emission limits for each respective HAP or HAP surrogate. Under this approach, the rule could contain requirements to document the contribution of the emissions diverted to the coal mill. With respect to THC and HCl, because coal may be a source of these emissions, we are soliciting comment on a requirement that performance tests for THC and HCl be performed upstream of the coal mill. For mercury, we are soliciting comment on a requirement that tests be required downstream to account for any mercury removal in the coal mill air pollution control device (APCD), and to avoid double counting emissions of mercury from mercury that becomes re-entrained in the coal, which is then burned by the cement kiln (which emissions are PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 42383 otherwise accounted for in the NESHAP). We note further that an analogous situation is when a cement kiln has an alkali bypass which receives and exhausts emissions from the kiln. We are proposing that these emissions be subject to controls reflecting the same principle—the total emissions of the kiln and alkali bypass must meet the subpart LLL NESHAP. We are also proposing to use the same monitoring procedures to document compliance. The one (slight) exception is for PM. Because there is no independent PM standard for an alkali bypass (unlike the situation for coal mills, where subpart Y regulates PM emissions), the summed PM emissions from the kiln and alkali bypass would have to be equal to or less than the PM limit in the subpart LLL NESHAP. Tests for PM from the alkali bypass would be downstream of the alkali bypass APCD to account for those emission reductions. Though we are not proposing the coal mill requirements in this action, we have placed the appropriate regulatory text in the proposed rule language to allow comment on actual rule language. We expand on these monitoring provisions below. 1. Mercury. Although mercury from the main stack is monitored using a CEMS, there is no need for such monitoring for the gas streams from the coal mill. The gas stream to the coal mill is small in comparison to the kiln exhaust, operation of the coal mill is intermittent, and the cost of requiring additional CEMS for coal mills would be overly burdensome. Instead, the performance tests for mercury could be conducted at such a coal mill once per year, and, as explained above, that the tests be conducted downstream of the coal mill. Performance tests for mercury could be conducted using either Methods 29 or 30B in Appendix A–8 to 40 CFR Part 60. These performance tests could be required annually until the tested mercury levels are below the method detection limits for two consecutive years, after which tests may be conducted every 30 months. If test results at any time exceed the method detection limit, annual performance testing could again be required until mercury levels are below the method detection limit for two consecutive years. The results of the performance test could then be summed with the emissions from the kiln stack to determine compliance with the mercury emissions limit. Since kiln stack emissions are measured continuously with a CEMS, the coal gas emissions could be normalized on both a CEMS and production basis (lb/MM ton E:\FR\FM\18JYP2.SGM 18JYP2 42384 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules clinker) in order to be summed with the kiln stack emissions. To do so, the flow rate to the coal mill could be continuously monitored. Using the results of the annual performance test and the continuous flow rate from the coal mill, the owner or operator could develop a mercury hourly mass emission rate for the coal mill. Hourly mercury emissions from the coal mill could be summed with the mercury emissions from the kiln to determine continuous compliance as follows: Ccm = Coal mill concentration (lb/dscf) Qks = Kiln stack flow rate (volume/hr) Cks = Kiln stack concentration (lb/dscf) P = Kiln production rate (million tons clinker/hr) MACT Limit = Limit for mercury (55 lb mercury/MM tons clinker) portion of kiln gases are diverted to a coal mill and to an alkali bypass, emissions from the coal mill and alkali bypass would be tested, normalized and summed and with the mercury emissions from the kiln to determine compliance with the emissions limit. 2. THC and HCl. Because THC and HCl are concentration-based limits, the compliance demonstration could differ in certain details from the procedure described above for the production based limits for mercury. Kiln stack emission limits (to be continuously monitored) could be calculated taking into consideration the volumetric exhaust gas flow rates and concentrations of all applicable effluent streams (kiln stack, coal mill, and alkali bypass) for the kiln unit as follows: Where: Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (lb/dscf) Qcm = Coal mill flow rate (volume/hr) This equation requires all values to be at or corrected to 7 percent O2. Thus, if the normalized test results at the coal mill control device outlet shows mercury emissions of 10 lb/MM tons clinker, emissions from the kiln should be less than 45 lb/MM tons of clinker to be in compliance with the proposed kiln mercury emissions limit. See section 63.1350(k)(5). For kilns also equipped with an alkali bypass, the same procedure as that for the coal mill would apply. Where a Where: Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume/hr) Ccm = Coal mill concentration (ppmvd)e Qks = Kiln stack flow rate (volume/hr) Cks = Kiln stack concentration (ppmvd) MACT Limit = Limit for THC or HCl (ppmvd) This equation requires all values to be at or corrected to 7 percent O2.13 In order to determine the flow rates and concentrations of THC and HCl in the coal mill and alkali bypass streams, the source could test annually using the appropriate test method and could monitor the flow rate of the kiln stack with CMS. For HCl, the performance test could be performed using Method 321 in Appendix A to 40 CFR Part 63. For measurement of THC, Method 25A in Appendix A–7 to 40 CFR Part 60 could be required. With these data, the concentration of THC and HCl that must be monitored in the CEMS in order to demonstrate compliance with the kiln MACT limit under this proposal can be calculated by solving for Cks (kiln stack concentration) from the equation above, as shown: This equation is based on the following: • The total allowable mass emissions of THC and HCl for the kiln unit can be determined with the sum of all flow rates (coal mill, alkali bypass and kiln stack) and the applicable NESHAP limit (THC or HCl) concentration. This yields the total allowable mass emissions per unit of time for the kiln unit according to the MACT limits and the site specific flow rates for the coal mill, alkali bypass and kiln stack. • By testing the coal mill and alkali bypass streams for concentration and flow rate, the actual mass of THC and HCl emitted per unit of time can be determined. • Subtracting the actual mass emissions of THC and HCl leaving the coal mill and alkali by pass from the total allowable mass emissions for the kiln unit determines the remainder of allowable mass emissions that can be emitted through the kiln stack. • With knowledge of the flow rate at the kiln stack (measured by CMS) and the allowable mass emissions (i.e. remainder) that can be emitted through the kiln stack, a site specific concentration can be determined. The equation above provides a simplified approach to determining this value. The following example indicates how compliance could be demonstrated. In this example, we assume a kiln stack, coal mill and alkali bypass with the following volumetric flow rates and THC concentrations: mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Effluent stream Flow rate (dscm/hr) Alkali Bypass ...................................... Coal Mill .............................................. Kiln Stack ............................................ Qab Qcm Qks 13 The proposed approach is conceptually similar to that for PM from multiple sources discussed in VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 38,233 57,349 286,746 THC concentration (ppmvd) (@7% O2) Cab Ccm Cks 56 56 ? Notes Determined through test ..................... Determined through test. Flow rate monitored by CMS. K. above—an equation which accounts for the flowweighted concentration of PM from all sources. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\18JYP2.SGM 18JYP2 MACT LIMIT (ppmvd) (@7% O2) 24 ep18jy12.000</GPH> EP18JY12.001</GPH> ((Qab×Cab) + (Qcm×Ccm) + (Qks×Cks))/ P ≤ MACT Limit Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules (verified with CEMS) is determined as follows: Using the equation above, Cks is less than or equal to 13.3 ppmvd @ 7 percent O2. This value could be monitored by a CEMS in order to demonstrate compliance with the NESHAP limit— i.e., to demonstrate that the summed values are less than or equal to the standard of 24 ppmvd. The requirements for THC and HCl could be essentially the same as that for mercury (except that limits are concentration based as opposed to production-normalized mass based): the flow-weighted averages of THC and HCl could be less than or equal to the subpart LLL NESHAP. The kiln stack emissions are measured by a CEMS (for THC) or by other applicable means (for HCl). The flow-weighted contributions from other sources (the alkali bypass and the kiln exhaust diverted to the coal mill) could be assessed by annual testing and applied continuously with flow being measured continuously (explained further in the next paragraph). As noted above, testing of the kiln exhaust diverted to the coal mill could be conducted upstream of the coal mill for THC and HCl so that only the kiln exhaust contribution is assessed. To monitor compliance continuously, the gas flow rate from the coal mill could be monitored continuously. This flow rate measured during the annual performance test could be the maximum flow rate allowed during the year. If a higher flow rate is observed, the owner/ operator could retest THC and HCl to obtain a new flow-weighted concentration which would be summed with the kiln main stack THC or HCl concentration to determine whether the kiln is still in compliance. Because of this requirement, the owner/operator should perform their test at a flow rate that would cover the range of conditions expected. 3. PM. As explained above, in the situation where a cement kiln diverts some exhaust to an integrated coal mill, the coal mill could meet the subpart Y standards, and the kiln could meet the subpart LLL NESHAP standard but would not have to account for the diverted exhaust in doing so. In all other situations, PM contribution from a coal mill (or from an alkali bypass) could be accounted for via the equation discussed in section J above. If the alkali bypass discharges separately, it would have to sum its PM emissions with those from the main stack and the summed emissions would have to be less than or equal to the subpart LLL NESHAP standard for PM. As a result of this revision, we would also include a revised definition of ‘‘kiln’’ to clarify that coal mills using kiln exhaust gases in their operation are considered to be an integral part of the kiln (and hence subject to these standards). We would also include a definition for ‘‘in-line coal mill’’ for those coal mills using kiln exhaust gases in their process. The definition would exclude coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 M. PM Standard for Modified Sources Under the NSPS The EPA adopted the level of the new source standard under the NESHAP as the NSPS for both new and modified kilns and clinker coolers. See 75 FR 54996 (September 9, 2010). As the PCA noted in its reconsideration petition, there need not be functional equivalence between the NESHAP and NSPS PM limits for modified kilns and clinker coolers. The PCA also noted that the NSPS for modified kilns and clinker coolers could have associated costs which need to be accounted for pursuant to CAA section 111(a)(1). Since such kilns and clinker coolers would not be subject to the section 112(d) new source standard, any costs for such modified kilns and clinker coolers to control PM to the new source limit could not be attributed to the section 112(d) new source limit. In addition, the PCA noted that existing Portland cement kilns cannot be assumed to find ways to avoid triggering the NSPS modification criteria when making physical or operational changes due to the stringency of the newly adopted standards for PM. The EPA believes that the PCA’s arguments on this point have merit. Under the September 2010 final NESHAP, existing kilns and clinker coolers are subject to the PM limit of 0.04 lb/ton clinker. If the kiln or clinker cooler undergoes modification, it would continue to be subject to 0.04 lb/ton PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 limit, but would now be subject as well to the NSPS limit of 0.01 lb/ton clinker. Notwithstanding that there are independent justifications under section 111 that could justify this result (see PCA v. EPA, 665 F 3d at 190–91), the EPA believes, subject to consideration of comment, that it is more appropriate for modified kilns and clinker coolers to meet the NESHAP PM limit for existing sources. We are proposing that existing kilns and clinker coolers that are subject to the NESHAP existing source emissions limit would continue to be subject to that limit and not to the more stringent limit for new sources under the NSPS. This would be a limit of 0.07 lb per ton clinker, three-run average based on Method 5 stack testing as explained in section D above. The parametric monitoring using a CPMS would likewise apply, as would the requirement of annual stack tests. We have justified the PM standard for modified kilns and clinker coolers under section 111 and need not repeat that rationale here. See PCA v. EPA, 655 F. 3d at 190–91. This analysis continues to apply when the standards are based on stack tests rather than CEMS and no longer use a 30-day averaging period. The EPA also finds that the costs of meeting the incrementally more stringent proposed new source limit of 0.02 lb/ton clinker (three-run average) are not justified for modified kilns and clinker coolers. For an existing kiln to reduce emissions from 0.07 to 0.02 lb/ ton clinker would result in a modest reduction in PM emissions at a cost of more than $21,000 per ton of PM reduced (the extra cost being attributable to more frequent replacement of bags) and greater still if sources are able to comply with the proposed limit by using controls other than a fabric filter or different types of fabric filters. N. Proposed NESHAP Compliance Date Extension for Existing Sources Under section 112 (i)(a)(3) of the Act, the EPA may reset compliance dates for section 112 (d) emission standards if the EPA amends the standards themselves (as opposed to amending some ancillary feature of the standards relating to implementation). See NRDC v. EPA, 489 F. 3d 1364, 1373–74 (D.C. Cir. 2007). E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.002</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS2 With the simplified equation provided above, the THC value that must not be exceeded in the kiln stack 42385 42386 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Such a resetting would be appropriate if the standards are changed in such a way as to warrant more time for compliance, either to develop necessary controls or to otherwise significantly alter control strategy. Cf. PCA v. EPA, 655 F. 3d at 189. (Staying NESHAP standards for clinker piles because ‘‘the standards could likely change substantially. Thus, industry should not have to build expensive new containment structures until the standard is finally determined’’). The EPA believes that may be the case here. Subject to consideration of public comment, the proposed amendments to the PM standard could significantly alter compliance strategies for all of the regulated HAP. The EPA is accordingly proposing that the compliance date for the PM, THC, mercury and HCl standards for existing sources for kilns, clinker coolers and raw material dryers be extended until September 10, 2015, a 2-year extension of the current compliance date.14 We believe that this date would require compliance ‘‘as expeditiously as practicable’’ as required by section 112 (i)(3)(A) of the Act.15 The EPA is proposing to amend the standards for PM, changing the compliance regime from CEMS-based to stack-test based, changing the averaging time for compliance, and changing the level of the standard. These proposed changes, in and of themselves, may occasion the need for additional time to study the possibility of different control strategies than are available under the 2010 final rule. The EPA believes that different compliance strategies may now be available. The 2010 PM standard is achievable but requires the most advanced fabric filters, membrane bags, frequent bag replacement and maintenance. See Docket item EPA– HQ–OAR–2002–0051–3438. The proposed standard of 0.07 lb/ton of clinker (3-run stack test) may be achievable by other means. Potential compliance strategies include use of electrostatic precipitators (ESP) (or an ESP with a polishing baghouse or cyclone), or using a different type of baghouse. Baghouses could, for example, be sized smaller, could use cloth rather than membrane bags, or 14 This date would be approximately 2 years and 10 months from the December 20, 2012, signature date for final action called for in the draft settlement agreement between EPA and PCA. See 77 FR 27055 (May 8, 2012). 15 If the EPA were to adopt a THC standard of 15 ppmvd (see section III.C.2 above), an extension of 3 years from the date of final action would be needed since many kilns’ control strategies for organics controlled would be fundamentally altered. VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 could use other variants The proposed change in the PM limit may also allow some sources to comply using their existing PM control device. As a result, they may be able to cancel a planned upgrade to membrane fabric filters or a replacement of their existing device with a new one. The PM standard also applies to clinker coolers, and sources may be able to meet the 0.07 lb/ton clinker standard with an existing control device for a clinker cooler. See PCA, The Impact of a Change in the Cement NESHAP PM limit on Compliance Strategies and Schedules, April 9, 2012; and PCA letter, Implications of Altered PM Limit on PCA Technology Analysis, May 24, 2012. We note that in the database for the 2010 standards, six cement kilns with ESP already were meeting the 0.07 lb/ton clinker standard for PM which we are proposing here. See Portland Cement Reconsideration TSD, Section 9. The proposal to amend the standard for PM has implications for all of the standards, not just those for PM. The standards for mercury, HCl and THC all rely (or may rely) on control strategies involving injection and removal of added particulates, whether in the form of activated carbon, or dry or wet sorbent injectant. See Docket item EPA– HQ–OAR–2002–0051–3438, section 2. A change in the PM standard thus affects these collateral PM control strategies as well. For example, it may be possible for a single PM control device to meet the proposed 0.07 lb/ton clinker standard and also control the auxiliary PM collected from control of the other HAP, making polishing filters unnecessary.16 Conversely, a central baghouse to meet a 0.07 lb/ton clinker standard may be sized smaller, but this may necessitate adding polishing filters to capture PM from control of the other HAP. New compliance strategies require time to implement. New engineering studies are needed, potential suppliers identified, and a new bidding/ procurement process undertaken. Significant plant redesign, in the form of new ductwork and new fan design, and changes in the main control equipment may be needed. See U.S. EPA, Engineering and Economic Factors Affecting the Installation of Control Technologies for Multipollutant Strategies, October 2002. Depending on the type of control, this normally requires 15–27 months. Multiple control systems will take longer. Id. Installation of controls at cement kilns normally occurs during winter months (to 16 The EPA did not believe this possible under the 2010 PM standard, and costed polishing filters in all instances. See EPA–HQ–OAR–2002–0051–3438. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 coincide with kiln outages during low production seasons). Putting this together, it tentatively appears that summer of 2015 would be an expeditious compliance date, and the EPA is proposing to extend the existing source compliance date until September 9, 2015. The EPA also solicits comment on a shorter extension. The industry here is not starting from scratch. There should be on-going planning to meet the standards promulgated in 2010 which could shorten the time needed to come into compliance with these proposed revised standards (should the EPA adopt them). Moreover, as explained below, we calculate that sources will need to design controls to meet virtually the same average performance for PM under the proposed standard of 0.07 lb/ ton clinker (Method 5) as they would under the promulgated standard of 0.04 lb/ton clinker (30-day average). Again, this could dovetail with on-going compliance efforts and shorten the time needed to come into compliance with a revised standard. Consequently, the EPA solicits comment on a compliance extension until September 2014 (1 year from the current compliance date). This type of extension would recognize that additional time for compliance is needed, and accommodate cement kilns’ operating cycle (leaving winter months for control equipment deployment), but recognize that the industry is not starting from scratch. Commenters should take into account that individual sources could still apply to permit writers for an additional extension of one year under section 112 (i)(3)(B) in instances where it is not possible to install control equipment within the specified period. Notwithstanding that we believe that the proposed PM standard may create new and lower cost opportunities for compliance, we believe the overall emission reductions from the standard to be roughly the same (except that full compliance will not occur until September 9, 2015 as noted below). We believe that sources will still need to design to meet essentially the same daily average as they would under the 2010 standard. That is, sources do not design to meet a standard, but rather to meet a level comfortably lower. They do so in order to provide a compliance margin on those days where emissions rise due to inherent and uncontrollable variability. See Docket item EPA–HQ– OAR–2002–0051–3438, section 2. The difference is too small to be reliably quantified. We have recalculated a design value (i.e. the level to which kilns would design to meet the existing source standard) under the proposal. E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules The calculated design value, which reflects the average PM emissions from the sources used to establish the floor in this proposed rule, would be 0.02655 lb/ ton clinker vs. a calculated design value of 0.02296 lb/ton clinker under the final rule. See Portland Cement Reconsideration TSD section 9. These calculations are not so precise as to reliably predict to the third decimal point to the right of zero, so this difference should be viewed as 42387 suggesting a directional difference in the standards. Viewed as a type of bounding, directional difference, the difference in design values would be approximately 1.7 percent. TABLE 4—COMPARISON OF NATIONWIDE PM EMISSIONS FROM 2010 RULE TO THIS PROPOSED RULE [TSD, section 9] 2010 rule Proposed rule Emissions limit (lb/ton clinker .................. 0.04 30-day average ............................... MACT average emissions for compliance (lb/ton clinker. 2010 baseline emissions (tons/yr) ........... Nationwide emissions reduction (tons/yr) 0.02296 .................................................... 0.07 average of three one-hour stack tests. 0.02655 .................................................... 0.00359 10,326 ...................................................... 9,489 ........................................................ 10,326 ...................................................... 9,354 ........................................................ NA ¥135 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Under the proposed revisions, full compliance would occur in September, 2015, along with the costs and benefits associated with full compliance. However, because facilities will begin installing or retrofitting controls prior to the full compliance date, the full benefits and costs would be phased-in over 2 years with the full benefits and costs realized by 2015. O. Eligibility To Be a New Source The EPA is not proposing a new date for new source eligibility. Thus, a source which commenced construction, modification, or reconstruction after May 6, 2009, would remain subject to the new source standard. Section 112(a)(4) of the Act defines a new source as a stationary source ‘‘the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emissions standard applicable to such source.’’ The EPA views the new source compliance date trigger (the date the EPA ‘‘first proposes regulations * * *.’’) to be the date the rulemaking record under which a standard is developed is proposed. See 74 FR 21158 (May 6, 2009). (This interpretation was not challenged in the underlying rulemaking and the EPA is not reopening it here, but rather is applying it.) Here the key record information is what new sources would need to do to comply and whether there is any change. It is the EPA’s initial technical judgment that new sources would have to adopt the same control strategy—use of the same size fabric filter with membrane bags—under an amended standard of 0.02 lb/ton clinker (stack test) as they would under the promulgated standard of 0.01 lb/ton clinker (30-day average). A standard of 0.02 lb/ton clinker (stack test) remains very stringent and cannot be met (in the VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 EPA’s view) without using appropriately optimized baghouses and membrane bags. If this is correct (and the EPA solicits comment on the issue), then new sources would not need additional time and would follow through on their present control strategies. We also have performed the same type of analysis regarding the design value to which new sources would need to design under this proposal, reflecting the average performance of the best performing similar source. We believe that there would be no change, corroborating our engineering judgment that new sources will adopt the same control strategy under the proposed standard as under the promulgated standard. See Portland Cement Reconsideration TSD section 9. Consequently, the EPA is not proposing to alter the new source eligibility date of May 6, 2009. IV. Other Proposed Testing and Monitoring Revisions Following the September 2010 promulgation of the final rule, we found the following errors and omissions in the testing and monitoring provisions and are proposing to correct them. • Equations for calculating rolling operating day emissions rates. • Definition or procedures that include extraneous wording. • Incorrect units in equations. • Cross references and typographical errors in the rule. We are proposing revisions that will clarify that data collected as part of relative accuracy test audits and performance tests are to be submitted to the EPA using their Electronic Reporting Tool. For sources that are required to monitor HCl emissions with a CEMS, we are revising the requirements for using HCl CEMS to define the span value for this source category, to include quality assurance measures for data PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 Increment NA collected under ‘‘mill off’’ conditions, and to clarify use of PS 15. In the September 9, 2010, final rule we noted that raw material dryers have high O2 contents due to their inherent operation characteristics (and not due to the addition of dilution air). Referencing the raw material dryer standard to 7 percent O2 would actually result in a more stringent standard than for cement kilns. For example, given the typical O2 contents of kiln exhaust (7 to 12 percent), a kiln just meeting the THC limit of 24 ppmvd would have an actual stack measurement of approximately 16 to 24 ppmvd. If the raw material dryer standard is referenced to the same O2 level, they would have to meet a measured THC limit of approximately 3 ppmvd. For this reason, we referenced the O2 level of the standard for raw materials dryers to 19 percent O2, which is the typical O2 level found in the exhaust of these devices. However industry commented that, due to these high O2 contents, the inherit measurement errors present in O2 monitors causes high variability in the correction factor, even with a 19 percent reference value, and in some cases results in a negative factor. Given these errors and the fact that raw materials dryers operate at such high O2 concentrations during normal operation we are removing the O2 correction factors for raw material dryers. The EPA is also proposing minor, non-substantive changes to the provisions listed below. These changes are largely for ease of readability or clarity, and do not reopen, reassess or otherwise reconsider these provisions’ substance. The minor editorial and clarifying changes were made in the following sections and paragraphs: • Section 60.62(d). • Section 60.63(b)(1)(i) and (ii), (b)(2), (f)(1), (2), (4), (5), (h)(1) and (6) through (9), (i). E:\FR\FM\18JYP2.SGM 18JYP2 42388 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 • Section 60.64(b)(2). • Section 60.66. • Section 63.1340(b)(6) through (8). • Section 63.1346(a) and (c) through (e). • Section 63.1348(a)(2), (3)(i) through (iii), (a)(4)(i)(A), (a)(4)(ii) and (iv). • Section 63.1348(b)(1)(i), (iii) and (iv). • Section 63.1348(b)(3), (5), (6)(i), (8) and (c)(2)(iv). • Section 63.1349(a), (b)(3), (d)(1) and (d)(2) and (e). • Section 63.1350(d)(1)(i) and (ii), (f), (f)(2)(i) and (iii), (f)(3), (f)(4), (g)(1) and (2), (k), (m)(10) and (11), (o) and (p). • Section 63.1352(b). • Section 63.1356. V. Other Changes and Areas Where We Are Requesting Comment We are also proposing amendments to clarify various requirements in this proposed rule including issues of applicability, treatment of multiple sources that vent to a single stack, third party certification, definitions, startup/ shutdown reporting requirements, malfunctions and use of bag leak detection systems when PM CPMS are in use. We are also proposing to revise the definition of raw material dryer to clarify that they may be used for removing the moisture from materials other than kiln feed. The EPA is proposing to amend 63.1354(c) for reporting startup, shutdown and malfunctions when sources fail to meet a standard. We are proposing language that requires sources that deviate from a standard during startup, shutdown or malfunction to report the information concerning such events in semi-annual compliance reports. We are proposing that the report must contain the number, duration and cause of such events (including unknown cause, if applicable), list the affected source or equipment, the date and time that each event started and stopped, an estimate of the volume of each regulated pollutant emitted over the emission limit for which the source failed to meet a standard, and a description of the method used to estimate the emissions. We note that while malfunction events may also be reported under provisions related to assertion of an affirmative defense, this separate malfunction reporting requirement is not redundant of the affirmative defense reporting requirement because reporting of malfunctions under the affirmative defense is not mandatory and would occur only if a source chooses to take advantage of the affirmative defense. Changes to recordkeeping requirements. The EPA is also VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 proposing to amend section 63.1355(f) for recordkeeping for events of startup and shutdown. Currently (f) requires a record of the occurrence and duration of each startup or shutdown. The EPA is proposing to refine this requirement based on the requirements applicable during periods of startup and shutdown. Given that some affected sources under subpart LLL are subject to a different standard during startup and shutdown, it will be important to know when such startup and shutdown periods begin and end in order to determine compliance with the appropriate standard. Thus, the EPA is proposing to require that affected sources subject to emission standards during startup or shutdown that differs from the emission standard that applies at all other times (i.e., mercury and PM) must record the occurrence and duration of such periods. The EPA is also proposing to add a requirement that sources record an estimate of the volume of emissions over the standard if the affected source fails to meet a standard during either startup or shutdown, and record the estimating technique. The EPA is also proposing to amend (g)(1) to obtain similar information on malfunction events. Currently this paragraph requires the creation and retention of a record of the occurrence and duration of each malfunction of process, air pollution control and monitoring equipment. The EPA is proposing that this requirement apply only to malfunctions that cause a failure to meet an applicable standard and is requiring that the source record date and time of the malfunction rather than ‘‘occurrence.’’ The EPA is also proposing to add to (g) the requirement that sources keep records that include a list of the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet a standard, and a description of the method used to estimate the emissions. The EPA is proposing to require that sources keep records of this information to ensure that there is adequate information to determine compliance during malfunction events, to allow the EPA to determine the severity of the failure to meet the standard, and to provide data that may document how the source met the general duty to minimize emissions during recorded malfunction events. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 VI. Summary of Cost, Environmental, Energy and Economic Impacts of Proposed Amendments A. What are the affected sources? As noted in the promulgated rule, the EPA estimates that by 2013 there will be 100 Portland cement manufacturing facilities located in the U.S. and Puerto Rico that are expected to be affected by that rule, and, that approximately 5 of those facilities are complete new greenfield facilities. All these facilities will operate 158 cement kilns and associated clinker coolers. Of these kilns, 24 are CISWI kilns and have been removed from our data set used to establish existing source floors. Based on capacity expansion data provided by the PCA, by 2013 there will be 16 kilns and their associated clinker coolers subject to NESHAP new source emission limits for mercury, HCl and THC, and seven kilns and clinker coolers subject to the amended NSPS for NOX and SO2. Some of these new kilns will be built at existing facilities and some at new greenfield facilities. B. How are the impacts for this proposal evaluated? For these proposed amendments, we determined whether additional control measures, work practices and monitoring requirements would be required by cement manufacturing facilities to comply with the proposed amendments. For any additional control measure, work practice or monitoring requirement we determined the associated capital and annualized cost that would be incurred by facilities required to implement the measures. Finally, we considered the extent to which any facility in the industry would find it necessary to implement the additional measures in order to comply with the proposed amendments. Using this approach, we assessed potential impacts from the proposed revisions. These proposed amendments affect the 2010 rule and are expected to result in lower costs for the Portland cement industry. We are evaluating the impacts of these proposed amendments relative to the impacts estimated for the 2010 final rule. As explained in section N above, the proposed amendment to the PM standard affords alternative compliance opportunities for existing sources which are less costly. These could be utilizing existing PM control devices rather than replacing them (for example, retaining an ESP or a smaller baghouse), or supplementing existing PM control rather than replacing it (putting polishing controls ahead of the primary PM control device). Compliance strategies for the other E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules HAP, all of which involve some element of PM control, also may be affected. Cost savings from these alternatives could be significant. For example, we have performed a case study from the data set used in the 2010 impacts analysis. Under this proposed rule, an estimated 21 ESP-equipped kilns no longer need to install membrane bags on a downstream polishing Fabric Filter (FF), and one FF retain their standard fabric bags rather than replacing them with membrane bags. The difference in annual cost for PM control under the proposal scenario and the more stringent 2010 scenario is $4.2 million per year. That is, under this proposed rule, the annual cost of compliance will be $4.2 million less than under the 2010 rule under this scenario (see Portland Cement Reconsideration TSD, section 9). The EPA is not presently able to further quantify potential costs of the proposed changes to the emission standards. This is because the agency lacks the site-specific information necessary to make the engineering determinations as to how individual sources may choose to comply. There are also certain costs, and cost savings, associated with other aspects of the proposal. There may be a minor difference in costs of stack testing for PM and use of a CPMS, rather than use of a PM CEMS. However, since the PM CEMS would be calibrated based on stack testing, and the CPMS is the same type of device as a PM CEMS, the EPA does not believe there is any significant cost difference between these provisions. The proposed revisions to the alternative organic HAP standard (from 9 ppm to 12 ppm, reflecting the analytic method practical quantitation limit) would not require additional controls or monitoring. The EPA accordingly does not estimate that there would be any cost (or emission reduction benefit) associated with this proposal. The proposed revisions for open clinker storage piles codify current fugitive dust control measures already required by most states, thus no impacts are expected. These proposed standards would be significantly less expensive than the controls for open piles in the 2010 final rule, which required enclosures. Although we are reproposing the affirmative defense provisions, impacts were not accounted for in the 2010 rulemaking. Thus, we have estimated VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 the additional industry burden associated with the affirmative defense provisions. We estimate the additional cost is $3,142 per year for the entire industry. See Supporting Statement in the docket. One of the proposed revisions would allow sources that control acid gases, including HCl, with dry caustic scrubbers to use periodic performance testing and parameter monitoring rather than with HCl CEMS. This will provide those sources with additional flexibility in complying with the HCl standards. The proposed revision to the alternative PM emissions limit provisions merely recognizes that sources other than the clinker cooler may combine their exhaust with the kiln exhaust gas and corrects the equation for calculating the alternative limit. Therefore, there should be no impacts from this proposed revision. The proposal to use recordkeeping as the monitoring mechanism for the startup and shutdown standards should also result in cost savings because facilities in the industry already keep records on feed and fuel usage and they will not have to install and operate CEMS for these periods. CEMS for monitoring all HAP or HAP surrogates could cost each facility $569,000 in capital cost and annualized costs of $198,000. See EPA– HQ–OAR–2002–0051–3438. The proposed revisions for new testing and monitoring of coal mills that use kiln exhaust gases to dry coal and exhaust through a separate stack are not expected to have significant impacts. The proposed revision would make existing kilns that undergo a modification, as defined by NSPS, subject to the NESHAP PM standard for existing source rather than the PM limit for new sources. This proposed revision is correcting an inadvertent conflict between the two rules and will not result in any impacts. C. What are the air quality impacts? In these proposed amendments, emission limits for mercury, THC and HCl are unchanged from the 2010 rule. Thus, we expect no change in emissions from the 2010 rule for these HAP and HAP surrogates. The alternative HAP organic standard would be amended to 12 ppm, but as this reflects the practical quantitative limit of detection, it is not clear if additional emissions are associated with the proposed standard since a lower standard would not be measured reliably. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 42389 For PM, the limit for existing sources would change from 0.04 lb/ton clinker to 0.07 lb/ton clinker. The PM limit for new sources also would be changed to 0.02 lb/ton clinker from 0.01 lb/ton clinker. The standard would be measured on a 3-run basis rather than on a 30-day basis with a CEMS. The proposed changes in the PM standards, while not considered significant in absolute terms, may result in a small increase in total nationwide emissions by allowing slightly more variability, although we estimate that design values will be essentially identical under the 2010 and proposed standard. See section III.N above. As explained in the impacts analysis for the 2010 rule (see Docket item EPA–HQ–OAR–2002– 0051–3438), emission reductions were estimated by comparing baseline emissions to the long-term average emissions of the MACT floor kilns. The average emissions, rather than the emissions limit, must be used because to comply with the limit all or most of the time, emissions need to be reduced to the average of the MACT floor kilns. Under the 2010 rule, the average PM emissions from the existing floor kilns were 0.02296 lb/ton clinker. Under the reconsideration, the average PM emissions of the existing floor kilns is calculated to be 0.02655 lb/ton clinker although, as noted, this difference is less than the normal analytic variability in PM measurement methods and so must be viewed as directional rather than precisely quantitative. The average emissions for new kilns did not change and we believe new sources will have to adopt identical control strategies as under the promulgated standards. We, therefore, are not estimating an emission increase from new kilns. For existing kilns, with an increase in PM emissions under the proposed rule of 0.00359 lb/ ton clinker compared to the 2010 rule, nationwide emissions of PM would increase by 135 tons per year (0.00359 × 75,355,116/2000). Thus, the EPA estimates that the main effect of this proposed rule for PM will be to provide flexibility for those days when emissions increase as a result of normal operating variability, but would not significantly alter long-term average performance for PM. Emission reductions under the 2010 rule and the proposed rule, in 2015, are compared in Table 5. E:\FR\FM\18JYP2.SGM 18JYP2 42390 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules TABLE 5—COMPARISON OF NATIONWIDE PM EMISSIONS FROM 2010 RULE TO PROPOSED RULE IN 2015 Kiln type 2010 rule Proposed rule Emissions limit (lb/ton clinker) Existing .................................. 0.07 (3-run stack test) ........... NA MACT average emissions for compliance (lb/ton clinker). 2010 baseline emissions (tons/yr). Existing .................................. 0.04 (30-day average with a CEMS). 0.02296 .................................. 0.02655 .................................. 0.00359 ................................................ 10,326 .................................... 10,326 .................................... NA Nationwide emissions reduction (tons/yr). Total ....................................... 9,489 ...................................... 9,354 ...................................... ¥135 The EPA did not have sufficient information to quantify the overall change in emissions for 2013 to 2015 that might arise due to the proposed change in compliance dates. The EPA encourages comment on all aspects of our analysis. D. What are the water quality impacts? None of the amendments being proposed will have significant impacts on water quality. To the extent that the proposed revision affecting dry caustic scrubbers encourages their use, some reduction in water consumption may occur although we have no information upon which to base an estimate. E. What are the solid waste impacts? None of the amendments being proposed today are expected to have any solid waste impacts. F. What are the secondary impacts? Indirect or secondary air quality impacts include impacts that will result from the increased electricity usage associated with the operation of control devices as well as water quality and solid waste impacts (which were just discussed) that will occur as a result of these proposed revisions. Because we are proposing revisions that reduce the stringency of the existing source emission limits PM from the promulgated 2010 limits, we believe that some facilities may be able to alter their strategy for complying with the standards for the four pollutants to achieve compliance at a lower cost than possible under the original standard. These types of determinations will be made for each facility based on sitespecific characteristics such as process type, equipment age, existing air pollution controls, raw material and fuel characteristics, economic factors and others. Therefore, we are not able to reliably predict secondary impacts for individual facilities or for the industry as a whole. G. What are the energy impacts? As discussed in the preceding section, because of the proposed revisions to the PM emission limits, some facilities may be able to develop more cost effective compliance strategies. However, we cannot accurately predict the extent to which these site-specific compliance strategies may increase or decrease energy demands. H. What are the cost impacts? Under the cost scenario discussed above, we estimate that there could be savings of $12.2 million associated with alternative compliance strategies for meeting amended PM standards and making corresponding adjustments in compliance strategies for the other HAP. Table 6 summarizes the costs and emissions reductions of this proposed action. TABLE 6—COSTS AND EMISSIONS REDUCTIONS OF PROPOSED AMENDMENTS RELATIVE TO THE 2010 RULE Proposed amendment Capital cost Annualized cost Revised PM standard ................................................... Replace PM CEMS with PM CPMS ............................. ¥$18,640,106 0 ¥$4,200,000 ¥7,980,000 Total ....................................................................... ¥18,640,106 Increment abcde ¥12,180,000 Emissions reduction ¥135 tons/yr (emissions increase) 0 a mstockstill on DSK4VPTVN1PROD with PROPOSALS2 See section III below for further discussion of impacts of the proposed amendments. b Negative numbers indicate cost savings or emissions increase. All costs are in 2005 dollars. c We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. d Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015. e Full compliance costs will not occur until September 9, 2015. The cost information in Table 6 is in 2005 dollars at a discount rate of 7 percent. The EPA did not have sufficient information to quantify the overall change in benefits or impacts in emissions for 2013 to 2015. Though we are not proposing the coal mill monitoring requirements in this action, if we required it, sources with integral coal mills that exhaust through a separate exhaust could potentially incur a capital cost of $36,000 to install VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 a continuous flow meter. The annualized cost of a flow meter is $11,000. We do not have information on the number of such coal mills in the industry that would allow us to calculate nationwide costs. We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. With the proposed change to PM CPMS PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 instead of CEMS, it is estimated that the elimination of the PS correlation tests will result in a savings of $60,000 per kiln. I. What are the health effects of these pollutants? In this section, we provide a qualitative description of benefits associated with reducing exposure to PM2.5, HCl and mercury. Controls installed to reduce HAP would also E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 reduce ambient concentrations of PM2.5 as a co-benefit. Reducing exposure to PM2.5 is associated with significant human health benefits, including avoiding mortality and morbidity from cardiovascular and respiratory illnesses. Researchers have associated PM2.5 exposure with adverse health effects in numerous toxicological, clinical and epidemiological studies (U.S. EPA, 2009).17 When adequate data and resources are available and an RIA is required, the EPA generally quantifies several health effects associated with exposure to PM2.5 (e.g., U.S. EPA, 2011).18 These health effects include premature mortality for adults and infants, cardiovascular morbidities such as heart attacks, hospital admissions, and respiratory morbidities such as asthma attacks, acute and chronic bronchitis, hospital and emergency department visits, work loss days, restricted activity days, and respiratory symptoms. Although the EPA has not quantified certain outcomes including adverse effects on birth weight, pre-term births, pulmonary function and other cardiovascular and respiratory effects, the scientific literature suggests that exposure to PM2.5 is also associated with these impacts (U.S. EPA, 2009). PM2.5 also increases light extinction, which is an important aspect of visibility (U.S. EPA, 2009). Hydrogen chloride (HCl) is a corrosive gas that can cause irritation of the mucous membranes of the nose, throat and respiratory tract. Brief exposure to 35 ppm causes throat irritation, and levels of 50 to 100 ppm are barely tolerable for 1 hour.19 The greatest impact is on the upper respiratory tract; exposure to high concentrations can rapidly lead to swelling and spasm of the throat and suffocation. Most seriously exposed persons have immediate onset of rapid breathing, blue coloring of the skin and narrowing of the bronchioles. Exposure to HCl can lead to RADS, a chemically- or irritant17 U.S. Environmental Protection Agency (U.S. EPA). 2009. Integrated Science Assessment for Particulate Matter (Final Report). EPA–600–R–08– 139F. National Center for Environmental Assessment–RTP Division. Available on the Internet at https://cfpub.epa.gov/ncea/cfm/ recordisplay.cfm?deid=216546. 18 U.S. Environmental Protection Agency (U.S. EPA). 2011. Regulatory Impact Analysis for the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone in 27 States; Correction of SIP Approvals for 22 States. Office of Air and Radiation, Research Triangle Park, NC. Available on the Internet at https://www.epa.gov /airtransport/pdfs/FinalRIA.pdf. 19 Agency for Toxic Substances and Disease Registry (ATSDR). Medical Management Guidelines for Hydrogen Chloride. Atlanta, GA: U.S. Department of Health and Human Services. Available online at https://www.atsdr.cdc.gov/mmg/ mmg.asp?id=758&tid=147#bookmark02. VerDate Mar<15>2010 19:30 Jul 17, 2012 Jkt 226001 induced type of asthma. Children may be more vulnerable to corrosive agents than adults because of the relatively smaller diameter of their airways. Children may also be more vulnerable to gas exposure because of increased minute ventilation per kilograms and failure to evacuate an area promptly when exposed. Hydrogen chloride has not been classified for carcinogenic effects.20 Mercury in the environment is transformed into a more toxic form, methylmercury (MeHg). Because mercury is a persistent pollutant, MeHg accumulates in the food chain, especially the tissue of fish. When people consume these fish, they consume MeHg. In 2000, the NAS Study was issued which provides a thorough review of the effects of MeHg on human health (NRC, 2000).21 Many of the peerreviewed articles cited in this section are publications originally cited in the MeHg Study. In addition, the EPA has conducted literature searches to obtain other related and more recent publications to complement the material summarized by the NRC in 2000. In its review of the literature, the National Academy of Science (NAS) found neurodevelopmental effects to be the most sensitive and best documented endpoints and appropriate for establishing an oral reference dose (RfD) (National Research Council (NRC), 2000); in particular NAS supported the use of results from neurobehavioral or neuropsychological tests. The NAS report noted that studies in animals reported sensory effects as well as effects on brain development and memory functions and support the conclusions based on epidemiology studies. The NAS noted that their recommended endpoints for an RfD are associated with the ability of children to learn and to succeed in school. They concluded the following: ‘‘The population at highest risk is the children of women who consumed large amounts of fish and seafood during pregnancy. The committee concludes that the risk to that population is likely to be sufficient to result in an increase in the number of children who have to struggle to keep up in school.’’ The NAS summarized data on cardiovascular effects available up to Environmental Protection Agency (U.S. EPA). 1995. Integrated Risk Information System File of Hydrogen Chloride. Research and Development, National Center for Environmental Assessment, Washington, DC. This material is available electronically at https://www.epa.gov/iris/subst/ 0396.htm. 21 National Research Council (NRC). 2000. Toxicological Effects of Methylmercury. Washington, DC: National Academies Press. PO 00000 20 U.S. Frm 00025 Fmt 4701 Sfmt 4702 42391 2000. Based on these and other studies, the NRC concluded that ‘‘Although the data base is not as extensive for cardiovascular effects as it is for other end points (i.e. neurologic effects) the cardiovascular system appears to be a target for MeHg toxicity in humans and animals.’’ The NRC also stated that ‘‘additional studies are needed to better characterize the effect of methylmercury exposure on blood pressure and cardiovascular function at various stages of life.’’ Additional cardiovascular studies have been published since 2000. The EPA did not to develop a quantitative dose-response assessment for cardiovascular effects associated with MeHg exposures, as there is no consensus among scientists on the doseresponse functions for these effects. In addition, there is inconsistency among available studies as to the association between MeHg exposure and various cardiovascular system effects. The pharmacokinetics of some of the exposure measures (such as toenail mercury levels) are not well understood. The studies have not yet received the review and scrutiny of the more wellestablished neurotoxicity data base. The Mercury Study 22 noted that MeHg is not a potent mutagen but is capable of causing chromosomal damage in a number of experimental systems. The NAS concluded that evidence that human exposure to MeHg caused genetic damage is inconclusive; they note that some earlier studies showing chromosomal damage in lymphocytes may not have controlled sufficiently for potential confounders. One study of adults living in the ´ Tapajos River region in Brazil (Amorim et al., 2000) reported a direct relationship between MeHg concentration in hair and DNA damage in lymphocytes; as well as effects on chromosomes.23 Long-term MeHg exposures in this population were believed to occur through consumption of fish, suggesting that genotoxic effects (largely chromosomal aberrations) may result from dietary, chronic MeHg exposures similar to and above those seen in the Faroes and Seychelles populations. Although exposure to some forms of mercury can result in a decrease in 22 U.S. Environmental Protection Agency (U.S. EPA). 1997. Mercury Study Report to Congress, EPA–HQ–OAR–2009–0234–3054. December. Available on the Internet at https://www.epa.gov/hg/ report.htm. 23 Amorim, M.I.M., D. Mergler, M.O. Bahia, H. Dubeau, D. Miranda, J. Lebel, R.R. Burbano, and M. Lucotte. 2000. Cytogenetic damage related to low levels of methyl mercury contamination in the Brazilian Amazon. An. Acad. Bras. Science. 72(4): 497–507. E:\FR\FM\18JYP2.SGM 18JYP2 42392 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules immune activity or an autoimmune response (ATSDR, 1999), evidence for immunotoxic effects of MeHg is limited (NRC, 2000).24 Based on limited human and animal data, MeHg is classified as a ‘‘possible’’ human carcinogen by the International Agency for Research on Cancer (IARC, 1994) and in IRIS (U.S. EPA, 2002).25 26 The existing evidence supporting the possibility of carcinogenic effects in humans from low-dose chronic exposures is tenuous. Multiple human epidemiological studies have found no significant association between mercury exposure and overall cancer incidence, although a few studies have shown an association between mercury exposure and specific types of cancer incidence (e.g., acute leukemia and liver cancer) (NRC, 2000). There is also some evidence of reproductive and renal toxicity in humans from MeHg exposure. However, overall, human data regarding reproductive, renal, and hematological toxicity from MeHg are very limited and are based on either studies of the two high-dose poisoning episodes in Iraq and Japan or animal data, rather than epidemiological studies of chronic exposures at the levels of interest in this analysis. VII. Statutory and Executive Order Reviews mstockstill on DSK4VPTVN1PROD with PROPOSALS2 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a ‘‘significant regulatory action’’ because it raises novel legal or policy issues. Accordingly, the EPA submitted this action to the OMB for review under Executive Orders 12866 and 13563 (76 3821, January 21, 2011) and any changes made in response to OMB recommendations have been documented in the docket for this action. A RIA was prepared for the 24 Agency for Toxic Substances and Disease Registry (ATSDR). 1999. Toxicological Profile for Mercury. U.S. Department of Health and Human Services, Public Health Service, Atlanta, GA. 25 U.S. Environmental Protection Agency (EPA). 2002. Integrated Risk Information System (IRIS) on Methylmercury. National Center for Environmental Assessment. Office of Research and Development. Available online at https://www.epa.gov/iris/subst/ 0073.htm. 26 International Agency for Research on Cancer (IARC). 1994. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans and their Supplements: Beryllium, Cadmium, Mercury, and Exposures in the Glass Manufacturing Industry. Vol. 58. Jalili, H.A., and A.H. Abbasi. 1961. Poisoning by ethyl mercury toluene sulphonanilide. Br. J. Indust. Med. 18(Oct.):303–308 (as cited in NRC 2000). VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 September 2010 final rule and can be found at: https://www.epa.gov/ttn/ecas/ regdata/RIAs/portlandcementfinal ria.pdf. The benefits, cost and economic analysis for the first year of full compliance for the 2010 final rule are expected to be little changed for the first year of full compliance for this action. B. Paperwork Reduction Act The information collection requirements in this proposed rule have been submitted for approval to the OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR) document prepared by the EPA has been assigned the EPA ICR number 1801.10 for the NESHAP and 1051.12 for the NSPS. The information requirements are based on notification, recordkeeping and reporting requirements in the NESHAP General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emissions standards. These recordkeeping and reporting requirements are specifically authorized by CAA section 114 (42 U.S.C. 7414). All information submitted to the EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to agency policies set forth in 40 CFR part 2, subpart B. We are proposing new paperwork requirements for the Portland Cement Manufacturing source category in the form of a requirement to incorporate fugitive dust control measures for clinker piles into their existing operations and maintenance plan. We are also proposing to use recordkeeping as the means of monitoring compliance with the startup and shutdown standards. For this proposed rule, the EPA is also proposing to add an affirmative defense to the estimate of burden in the ICR. To provide the public with an estimate of the relative magnitude of the burden associated with an assertion of the affirmative defense position adopted by a source, the EPA has provided administrative adjustments to this ICR to show what the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense might entail. The EPA’s estimate for the required notification, reports and records for any individual incident, including the root cause analysis, totals $3,142 and is based on the time and effort required of a source to review relevant data, interview plant employees, and document the events surrounding a malfunction that has caused an exceedance of an emissions PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 limit. The estimate also includes time to produce and retain the record and reports for submission to the EPA. The EPA provides this illustrative estimate of this burden because these costs are only incurred if there has been a violation and a source chooses to take advantage of the affirmative defense. Given the variety of circumstances under which malfunctions could occur, as well as differences among sources’ operation and maintenance practices, we cannot reliably predict the severity and frequency of malfunction-related excess emissions events for a particular source. It is important to note that the EPA has no basis currently for estimating the number of malfunctions that would qualify for an affirmative defense. Current historical records would be an inappropriate basis, as source owners or operators previously operated their facilities in recognition that they were exempt from the requirement to comply with emissions standards during malfunctions. Of the number of excess emissions events reported by source operators, only a small number would be expected to result from a malfunction (based on the definition above), and only a subset of excess emissions caused by malfunctions would result in the source choosing to assert the affirmative defense. Thus we believe the number of instances in which source operators might be expected to avail themselves of the affirmative defense will be extremely small. With respect to the Portland Cement Manufacturing source category, the emissions controls are operational before the associated emission source(s) commence operation and remain operational until after the associated emission source(s) cease operation. Also, production operations would not proceed or continue if there is a malfunction of a control device and the time required to shut down production operations (i.e., on the order of a few hours or a day) is small compared to the averaging time of the emission standards (i.e., monthly averages). Thus, we believe it is unlikely that a control device malfunction would cause an exceedance of any emission limit. Therefore, sources within this source category are not expected to have any need or use for the affirmative defense and we believe that there is no burden to the industry for the affirmative defense provisions in this proposed rule. We expect to gather information on such events in the future and will revise this estimate as better information becomes available. We estimate 86 regulated entities are currently subject E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 to subpart LLL and will be subject to all proposed standards. The annual monitoring, reporting and recordkeeping burden for this collection (averaged over the first 3 years after the effective date of the standards) for these amendments to subpart LLL is estimated to be $352,814 per year. This includes 496 labor hours per year at a total labor cost of $47,806 per year, and total nonlabor capital and operation and maintenance costs of $305,008 per year. This estimate includes reporting and recordkeeping associated with the proposed requirements for startup and shutdown and outdoor clinker piles. The total burden for the federal government (averaged over the first 3 years after the effective date of the standard) is estimated to be 263 hours per year at a total labor cost of $11,885 per year. Burden is defined at 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. To comment on the agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, the EPA has established a public docket for this proposed rule, which includes this ICR, under Docket ID number EPA–HQ– OAR–2011–0817. Submit any comments related to the ICR to the EPA and OMB. See the ADDRESSES section at the beginning of this notice for where to submit comments to the EPA. Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Office for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after July 18, 2012, a comment to OMB is best assured of having its full effect if OMB receives it by August 17, 2012. The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 include small businesses, small organizations and small governmental jurisdictions. For purposes of assessing the impact of this rule on small entities, small entity is defined as: (1) A small business whose parent company has no more than 750 employees depending on the size definition for the affected NAICS code, as defined by the Small Business Administration size standards; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. We estimate that 3 of the 26 existing Portland cement entities are small entities. After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. Of the three affected small entities, all are expected to incur an annual compliance cost of less than 1.0 percent of sales to comply with this proposed rule (reflecting potential controls on piles, which are likely to have lower cost when compared to the 2010 rule requirements because these plants already have requirements for control of piles in their Title V permits). Although this proposed rule will not have a significant economic impact on a substantial number of small entities, the EPA nonetheless has tried to reduce the impact of this proposed rule on small entities. For example, we are proposing to expand the provision that allows periodic HCl performance tests as an alternative to CEMS for sources equipped with wet scrubbers to also apply to those sources that use dry sorbent injection. This proposed rule would add an option for sources using wet or dry scrubbers for HCl control that also use a CEMS for SO2. These sources would now have the option of using their SO2 CEMS in conjunction with a periodic stack test to demonstrate compliance with the HCl standard. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act This action does not contain a federal mandate under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531–1538 for state, local or tribal governments or the private sector. The action imposes no enforceable duties on any state, local or PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 42393 tribal governments or the private sector. Thus, this action is not subject to the requirements of sections 202 or 205 of the UMRA. This proposed rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments nor does it impose obligations upon them. E. Executive Order 13132: Federalism This proposed action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. None of the affected facilities are owned or operated by State governments. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with the EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicits comment on this proposed action from state and local officials. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). Under the provisions of this proposed rule, there may be an increase in mercury emissions and metal HAP emissions although any increase will be minimal because the same control technology that is necessary under the current NESHAP will be needed to meet the proposed emissions limits. The more stringent limitations of fugitive dust emissions from open clinker piles may result in decreased risk to Indian tribal populations. Thus, Executive Order 13175 does not apply to this action. The EPA specifically solicits additional comment on this proposed action from tribal officials. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Executive Order has the potential to influence the regulation. E:\FR\FM\18JYP2.SGM 18JYP2 42394 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules This action is not subject to Executive Order 13045 because it is based solely on technology performance. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposed action is not a ‘‘significant energy action’’ as defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The proposed amendments do not require the use of additional controls as compared to the 2010 rule and may allow the industry to reduce its cost of compliance by increasing the industry’s flexibility to institute different and less costly control strategies than under the 2010 rule. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law No. 104–113 (15 U.S.C. 272 note), directs the EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by VCS bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable VCS. This proposed rulemaking does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629) (February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations in the United States. An analysis of demographic data was prepared for the 2010 final rule and can be found in the docket for that rulemaking (EPA-docket no. EPA–HQ– VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 OAR–2002–0051–3415). The impacts of the 2010 rule, which assumed full compliance, are expected to be unchanged as a result of this action. Therefore, beginning from the date of full compliance, the EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The full benefits of this proposed rule will not result until 2015 due to the proposed amended compliance date. The EPA has determined that the proposed amended compliance date will not result in disproportionately high and adverse human health or environmental effects on minority or low-income populations because the demographic analysis showed that the average of populations in close proximity to the sources, and thus most likely to be affected by the sources, were similar in demographic composition to national averages. List of Subjects in 40 CFR Parts 60 and 63 Environmental protection, Air pollution control, Hazardous substances, Incorporation by reference, Reporting and recordkeeping requirements. Dated: June 22, 2012. Lisa P. Jackson, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows: PART 60—[AMENDED] 1. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart A—[Amended] 2. Section 60.17 is amended by revising paragraph (h)(4) to read as follows: § 60.17 Incorporations by reference. * * * * * (h) * * * (4) ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus] (issued August 31, 1981), IBR approved for § 60.56c(b) of subpart Ec, § 60.63(f) of subpart F, § 60.106(e) of subpart J, § 60.104a(d), (h), (i) and, (j), § 60.105a(d), (f), and (g), § 60.106a(a), and § 60.107a(a), (c), (d), and (e) of subpart Ja, tables 1 and 3 of subpart PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, § 60.4415(a) of subpart KKKK, § 60.2145(s) and, (t), § 60.2710(s) (t), and (w), § 60.2730(q), § 60.4900(b), § 60.5220(b), tables 1 and 2 to subpart LLLL, tables 2 and 3 to subpart MMMM, § 60.5406(c) and § 60.5413(b). * * * * * Subpart F—[Amended] 3. Section 60.61 is amended by adding paragraphs (e) and (f) to read as follows: § 60.61 Definitions. * * * * * (e) Excess emissions means, with respect to this subpart, results of any required measurements outside the applicable range (e.g., emissions limitations, parametric operating limits) that is permitted by this subpart. The values of measurements will be in the same units and averaging time as the values specified in this subpart for the limitations. (f) Operating day means a 24-hour period beginning at 12:00 midnight during which the kiln operates at any time. For calculating rolling 30-day average emissions, an operating day does not include the hours of operation during startup or shutdown. 4. Section 60.62 is amended by: a. Revising paragraphs (a)(1) and (a)(2); b. Adding paragraph (a)(1)(iii) c. Removing paragraph (b)(1)(i); d. Redesignating paragraph (b)(1)(ii) as paragraph (b)(1)(i); e. Revising paragraph (b)(1); f. Removing paragraph (b)(2); g. Redesignating paragraphs (b)(3) and (4) as (2) and (3); h. Revising paragraph (d); The revisions and deletion read as follows: § 60.62 Standards. (a) * * * (1) Contain particulate matter (PM) in excess of: (i) [Reserved] (ii) 0.02 pound per ton of clinker if construction or reconstruction of the kiln commenced after June 16, 2008. (iii) Kilns that have undergone a modification may not discharge into the atmosphere any gases which contain PM in excess of 0.07 pound per ton of clinker. (2) [Reserved] * * * * * (b) On and after the date on which the performance test required to be conducted by § 60.8 is completed, you may not discharge into the atmosphere E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules from any clinker cooler any gases which: (1) Contain PM in excess of: (i) 0.02 pound per ton of clinker if construction or reconstruction of the clinker cooler commences after June 16, 2008. (ii) Clinker coolers that have undergone a modification may not discharge into the atmosphere any gases which contain PM in excess of 0.07 pound per ton of clinker. * * * * * (d) If you have an affected source subject to this subpart with a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, you must comply with the most stringent emissions limit or requirement and are not subject to the less stringent requirement. 5. Section 60.63 is amended by: a. Revising paragraphs (b)(1)(i) and (b)(1)(ii); b. Adding paragraph (b)(1)(iii); c. Revising paragraphs (b)(2) and (b)(3); d. Removing paragraph (b)(4); e. Revising paragraphs (c) through (f); f. Revising paragraph (g) introductory text; g. Revising paragraph (g)(2); h. Revising paragraph (h) introductory text; i. Revising paragraphs (h)(1) and (h)(6); j. Revising paragraph (h)(7) introductory text; k. Revising paragraph (h)(8) introductory text; l. Revising paragraph (h)(9); m. Revising paragraph (i) introductory text; and n. Revising paragraph (i)(1) and (i)(1)(i). The revisions, addition, and deletions read as follows: § 60.63 Monitoring of operations. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 * * * * * (b) * * * (1) * * * (i) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of clinker produced in tons of mass per hour. The system of measuring hourly clinker production must be maintained within ±5 percent accuracy or (ii) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of feed to the kiln in tons of mass per hour. The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 using a kiln specific feed-to-clinker ratio based on reconciled clinker production rates determined for accounting purposes and recorded feed rates. This ratio should be updated monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated. (iii) For each kiln operating hour for which you do not have data on clinker production or the amount of feed to the kiln, use the value from the most recent previous hour for which valid data are available. (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinker production rates or feed rates before initial use (for new sources) or by the effective compliance date of this rule (for existing sources). During each quarter of source operation, you must determine, record, and maintain a record of the ongoing accuracy of the system of measuring hourly clinker production rates or feed rates. (3) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and clinker production rates. (c) PM Emissions Monitoring Requirements. (1) For each kiln or clinker cooler subject to a PM emissions limit in § 60.62, you must demonstrate compliance through an initial performance test and you must monitor continuous performance through use of a PM continuous parametric monitoring system (PM CPMS). (2) For your PM CPMS, you will establish a site-specific operating limit corresponding to the highest 1-hour average PM CPMS output value recorded during the performance test demonstrating compliance with the PM limit. You will conduct your performance test using Method 5 at appendix A–3 to part 60 of this chapter. You will use the PM CPMS to demonstrate continuous compliance with your operating limit. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (d) You must install, operate, calibrate, and maintain a CEMS continuously monitoring and recording the concentration by volume of NOX emissions into the atmosphere for any kiln subject to the NOX emissions limit in § 60.62(a)(3). If the kiln has an alkali bypass, NOX emissions from the alkali bypass do not need to be monitored, and NOX emission monitoring of the kiln PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 42395 exhaust may be done upstream of any commingled alkali bypass gases. (e) You must install, operate, calibrate, and maintain a CEMS for continuously monitoring and recording the concentration by volume of SO2 emissions into the atmosphere for any kiln subject to the SO2 emissions limit in § 60.62(a)(4). If you are complying with the alternative 90 percent SO2 emissions reduction emissions limit, you must also continuously monitor and record the concentration by volume of SO2 present at the wet scrubber inlet. (f) The NOX and SO2 CEMS required under paragraphs (d) and (e) of this section must be installed, operated and maintained according to Performance Specification 2 of appendix B of this part and the requirements in paragraphs (f)(1) through (5) of this section. (1) The span value of each NOX CEMS monitor must be set at 125 percent of the maximum estimated hourly potential NOX emission concentration that translates to the applicable emissions limit at full clinker production capacity. (2) You must conduct performance evaluations of each NOX CEMS monitor according to the requirements in § 60.13(c) and Performance Specification 2 of appendix B to this part. You must use Methods 7, 7A, 7C, 7D, or 7E of appendix A–4 to this part for conducting the relative accuracy evaluations. The method ASME PTC 19.10–1981, ‘‘Flue and Exhaust Gas Analyses,’’ (incorporated by reference— see § 60.17) is an acceptable alternative to Method 7 or 7C of appendix A–4 to this part. (3) The span value for the SO2 CEMS monitor is the SO2 emission concentration that corresponds to 125 percent of the applicable emissions limit at full clinker production capacity and the expected maximum fuel sulfur content. (4) You must conduct performance evaluations of each SO2 CEMS monitor according to the requirements in § 60.13(c) and Performance Specification 2 of appendix B to this part. You must use Methods 6, 6A, or 6C of appendix A–4 to this part for conducting the relative accuracy evaluations. The method ASME PTC 19.10–1981, ‘‘Flue and Exhaust Gas Analyses,’’ (incorporated by reference— see § 60.17) is an acceptable alternative to Method 6 or 6A of appendix A–4 to this part. (5) You must comply with the quality assurance requirements in Procedure 1 of appendix F to this part for each NOX and SO2 CEMS, including quarterly accuracy determinations for monitors, and daily calibration drift tests. E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 (g) For each CPMS or CEMS required under paragraphs (c) through (e) of this section: * * * * * (2) You may not use data recorded during the monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. An owner or operator must use all the data collected during all other periods in reporting emissions or operating levels. * * * * * (h) You must install, operate, calibrate, and maintain instruments for continuously measuring and recording the stack gas flow rate to allow determination of the pollutant mass emissions rate to the atmosphere for each kiln subject to the PM emissions limits in § 60.62(a)(1) (ii) and (b)(1)(ii), the NOX emissions limit in § 60.62(a)(3), or the SO2 emissions limit in § 60.62(a)(4) according to the requirements in paragraphs (h)(1) through (10), where appropriate, of this section. (1) The owner or operator must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the NOX and/or SO2 CEMS, taking into account the manufacturer’s recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. * * * * * (6) The flow rate monitoring system must be designed to measure a minimum of one cycle of operational flow for each successive 15-minute period. (7) The flow rate sensor must be able to determine the daily zero and upscale calibration drift (CD) (see sections 3.1 and 8.3 of Performance Specification 2 in appendix B to this part for a discussion of CD). * * * * * (8) You must perform an initial relative accuracy test of the flow rate monitoring system according to section 8.2 of Performance Specification 6 of appendix B to this part, with the exceptions noted in paragraphs (h)(8)(i) and (ii) of this section. * * * * * (9) You must verify the accuracy of the flow rate monitoring system at least once per year by repeating the relative accuracy test specified in paragraph (h)(8) of this section. * * * * * (i) Development and Submittal (Upon Request) of Monitoring Plans. If you demonstrate compliance with any applicable emissions limit through performance stack testing or other emissions monitoring (including PM CPMS), you must develop a site-specific monitoring plan according to the requirements in paragraphs (i)(1) through (4) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under paragraph (h) of this section and § 63.8(f). If you use a bag leak detector system (BLDS), you must also meet the requirements specified in paragraph § 63.1350(m)(10) of this chapter. (1) For each continuous monitoring system (CMS) required in this section, you must develop, and submit to the permitting authority for approval upon request, a site-specific monitoring plan that addresses paragraphs (i)(1)(i) through (iii) of this section. You must submit this site-specific monitoring plan, if requested, at least 30 days before the initial performance evaluation of your CMS. (i) Installation of the CMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); * * * * * Where: Hpvi = The hourly parameter value for hour i and VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 6. Section 60.64 is amended to read as follows: § 60.64 Test methods and procedures (a) In conducting the performance tests and relative accuracy tests required in § 60.8, you must use reference methods and procedures and the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in § 60.8(b). (b) You must demonstrate compliance with the PM standards in § 60.62 according to paragraphs (b)(1)(i) through (iv) of this section. (1)(i) In using a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (b)(1)(ii) through (iv) of this section. (ii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (e.g., milliamps, stack concentration, or other raw data signal) from the PM CPMS for the periods corresponding to the test runs (e.g., three 1-hour average PM CPMS output values for three 1-hour test runs). (iii) Determine your operating limit as the highest 1-hour average PM CPMS output value recorded during the performance test. You must verify an existing or establish a new operating limit after each repeated performance test. (iv) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 2 to determine the 30 kiln operating day average. n = The number of valid hourly parameter values collected over 30 kiln operating days. E:\FR\FM\18JYP2.SGM 18JYP2 ep18jy12.003</GPH> 42396 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules 42397 (2) Use Method 9 and the procedures in § 60.11 to determine opacity. (3) Any sources other than kilns (including associated alkali bypass and clinker cooler) that are major sources as defined in § 63.2 of this chapter and that are subject to the 10 percent opacity limit must follow the appropriate monitoring procedures in § 63.1350(f), (m)(1)through(m)(4), (m)(10) through (11), (o), and (p) of this chapter. (c) Calculate and record the rolling 30 kiln operating day average emission rate daily of NOX and SO2 according to the procedures in paragraphs (i) through (ii) of this section. (i) Calculate the rolling 30 kiln operating day average emissions according to equation 3: Where: described earlier in this paragraph. At the discretion of the delegated authority, you must also submit these reports, including the confidential business information, to the delegated authority in the format specified by the delegated authority. (2) Within 60 days after the date of completing each CEMS performance evaluation test (see § 60.13), you must submit the relative accuracy test audit data electronically into the EPA’s Central Data Exchange by using the Electronic Reporting Tool as mentioned in paragraph (d)(1) of this section. Only data collected using test methods compatible with ERT are subject to this requirement to be submitted electronically to the EPA’s CDX. (3) All reports required by this subpart not subject to the requirements in paragraphs (d)(1) and (2) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (d)(1) and (2) of this section in paper format. 7. Section 60.65 is revised to read as follows: kiln emissions or in the venting of emissions directly to the atmosphere. (c) The requirements of this section remain in force until and unless the Agency, in delegating enforcement authority to a State under section 111(c) of the Clean Air Act, 42 U.S.C. 7411, approves reporting requirements or an alternative means of compliance surveillance adopted by such States. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State. 8. Section 60.66 is amended by revising paragraph (b) introductory text to read as follows: (ii) For each kiln operating hour for which you do not have at least one valid 15-minute CEMS data value, use the average emissions rate (lb/hr) from the most recent previous hour for which valid data are available. (d)(1) Within 60 days after the date of completing each performance test(see § 60.8) as required by this subpart you must submit the results of the performance tests conducted to demonstrate compliance under this subpart to the EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA’s Central Data Exchange (CDX)(www.epa.gov/cdx). Performance test data must be submitted in the file format generated through use of the EPA’s Electronic Reporting Tool (ERT) (see https://www.epa.gov/ttn/chief/ ert/). Only data collected using test methods on the ERT Web site are subject to this requirement for submitting reports electronically to WebFIRE. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) must submit a complete ERT file including information claimed to be CBI on a compact disk or other commonly used electronic storage media (including, but not limited to, flash drives) to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 § 60.65 Recordkeeping and reporting requirements. (a) Each owner or operator required to install a CPMS or CEMS under sections § 60.63(c)–(e) shall submit reports of excess emissions. The content of these reports must comply with the requirements in § 60.7(c). Notwithstanding the provisions of § 60.7(c), such reports shall be submitted semiannually. (b) Each owner or operator of facilities subject to the provisions of § 60.63(c)– (e) shall submit semiannual reports of the malfunction information required to be recorded by § 60.7(b). These reports shall include the frequency, duration, and cause of any incident resulting in deenergization of any device controlling PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 § 60.66 Delegation of authority. * * * * * (b) In delegating implementation and enforcement authority to a State, local, or tribal agency, the approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S EPA and are not transferred to the State, local, or tribal agency. * * * * * PART 63—[AMENDED] 9. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 10. Section 63.14 is amended by revising paragraph (b)(54) to read as follows: § 63.14 Incorporations by reference. * * * * * (b) * * * (54) ASTM D6348–03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, approved 2003, IBR approved for § 63.1349(b) of subpart LLL, table 4 to subpart DDDD, and table 8 of subpart HHHHHHH of this part. * * * * * Subpart LLL—[Amended] 11. Section 63.1340 is amended by a. Revising paragraphs (b)(6) through (b)(9); and E:\FR\FM\18JYP2.SGM 18JYP2 ep18jy12.004</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS2 E30D = 30 kiln operating day average emission rate of NOX or SO2, lb/ton of clinker; Ci = Concentration of NOX or SO2 for hour i, ppm; Qi = volumetric flow rate of effluent gas for hour i, where Ci and Qi are on the same basis (either wet or dry), scf/hr; Pi = total kiln clinker produced during production hour i, ton/hr; and k = conversion factor, 1.194 × 10¥7 for NOX and 1.660 × 10¥7 for SO2. n = number of kiln operating hours over 30 kiln operating days, n = 1 to 720. 42398 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules § 63.1340 What parts of my plant does this subpart cover? * * * * * (b) * * * (6) Each raw material, clinker, or finished product storage bin at any portland cement plant that is a major source; (7) Each conveying system transfer point including those associated with coal preparation used to convey coal from the mill to the kiln at any portland cement plant that is a major source; (8) Each bagging and bulk loading and unloading system at any portland cement plant that is a major source; and (9) Each open clinker storage pile at any portland cement plant. (c) Onsite sources that are subject to standards for nonmetallic mineral processing plants in subpart OOO, part 60 of this chapter are not subject to this subpart. Crushers are not covered by this subpart regardless of their location. * * * * * 12. Section 63.1341 is amended by: a. Deleting definitions of ‘‘Enclosed storage pile,’’ and ‘‘Inactive clinker pile;’’ b. Adding a definition for ‘‘Deviation,’’ ‘‘In-line coal mill,’’ ‘‘Open clinker storage pile,’’ and ‘‘Startup and shutdown;’’ in alphabetical order and c. Revising definitions for ‘‘Kiln,’’ ‘‘New source,’’ ‘‘Operating day,’’ ‘‘Raw material dryer,’’ and ‘‘Total organic HAP,’’ in alphabetical order. The deletions, additions and revisions read as follows: § 63.1341 Definitions. * * * * Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any mstockstill on DSK4VPTVN1PROD with PROPOSALS2 * If measurement results for any pollutant are reported as below the method detection level (e.g., laboratory analytical results for one or more sample components are below the method defined analytical detection level), you must use the method detection level as the measured emissions level for that pollutant in calculating the total organic HAP value. The measured result for a multiple component analysis (e.g., analytical values for multiple Method 18 fractions) VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 requirement or obligation established by this subpart including, but not limited to, any emission limit, operating limit, work practice standard, or monitoring requirement; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. A deviation is not always a violation. * * * * * In-line coal mill means those coal mills using kiln exhaust gases in their process. Coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler are not an in-line coal mill. * * * * * Kiln means a device, including any associated preheater or precalciner devices, inline raw mills, inline coal mills or alkali bypasses that produces clinker by heating limestone and other materials for subsequent production of portland cement. Because the inline raw mill and inline coal mill are considered an integral part of the kiln, for purposes of determining the appropriate emissions limit, the term kiln also applies to the exhaust of the inline raw mill and the inline coal mill. * * * * * New source means any source that commenced construction after May 6, 2009, for purposes of determining the applicability of the kiln, clinker cooler and raw material dryer emissions limits for mercury, PM, THC, and HCl. * * * * * Open clinker storage pile means any clinker storage pile that is not completely enclosed in a building or structure. Operating day means any 24-hour period beginning at 12:00 midnight during which the kiln operates for any time. For calculating the rolling 30-day average emissions, kiln operating days do not include the hours of operation during startup or shutdown. * * * * * Raw material dryer means an impact dryer, drum dryer, paddle-equipped rapid dryer, air separator, or other equipment used to reduce the moisture content of feed or other materials. * * * * * Startup and shutdown means the periods of kiln operation that do not include normal operations. Startup begins when the kiln’s induced fan is turned on and continues until continuous feed is introduced into the kiln. Shutdown begins when feed to the kiln is halted. * * * * * Total organic HAP means, for the purposes of this subpart, the sum of the concentrations of compounds of formaldehyde, benzene, toluene, styrene, m-xylene, p-xylene, o-xylene, acetaldehyde, and naphthalene as measured by EPA Test Method 320 or Method 18 of appendix A to this part or ASTM D6348–03 or a combination of these methods, as appropriate. When using ASTM D6348–03, the following conditions must be met: (1) The test plan preparation and implementation in the Annexes to ASTM D6348–03, Sections A1 through A8 are mandatory; (2) For ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (see Equation A5.5); (3) For the ASTM D6348–03 test data to be acceptable for a target analyte, %R must be 70% ≥ R ≤ 130%; and (4) The %R value for each compound must be reported in the test report and all field measurements corrected with the calculated %R value for that compound using the following equation: may include a combination of method detection level data and analytical data reported above the method detection level. The owner or operator of an affected source may request the use of other test methods to make this determination under paragraphs 63.7(e)(2)(ii) and (f) of this part. * * * * * 13. Section 63.1343 is revised to read as follows: § 63.1343 What standards apply to my kilns, clinker coolers, raw material dryers, and open clinker piles? PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 (a) General. The provisions in this section apply to each kiln and any alkali bypass associated with that kiln, clinker cooler, and raw material dryer. All D/F, HCl, and total hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and THC limits for kilns are corrected to 7 percent oxygen. All THC emissions limits are measured as propane. Standards for mercury and THC are based on a rolling 30-day E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.014</GPH> b. Revising paragraph (c). The revisions read as follows: Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules average. If using a CEMS to determine compliance with the HCl standard, this standard is based on a rolling 30-day average. You must ensure appropriate corrections for moisture are made when measuring flow rates used to calculate mercury emissions. The 30-day period means 30 consecutive kiln operating days excluding periods of startup and shutdown. All emissions limits for kilns, clinker coolers, and raw material dryers currently in effect that are superseded by the limits below continue to apply until the compliance date of the limits below, or until the source certifies compliance with the limits below, whichever is earlier. 42399 (b) Kilns, clinker coolers, raw material dryers, raw mills, and finish mills. (1) The emissions limits for these sources are shown in Table 1 below. PM limits for existing kilns also apply to kilns that have undergone a modification as defined in subpart A of part 60 of title 40. TABLE 1—EMISSIONS LIMITS FOR KILNS, CLINKER COOLERS, RAW MATERIAL DRYERS, RAW AND FINISH MILLS The oxygen correction factor percent is: If your source is a (an): And the operating mode is: And if is located at a: Your emissions limits are: And the units of the emissions limit are: 1. Existing kiln .................... Normal operation .............. Major or area source ........ 2. Existing kiln .................... 3. Existing kiln .................... Normal operation .............. Startup and shutdown ....... Major source ..................... Major or area source ........ 4. Existing kiln .................... 5. New kiln ......................... Startup and shutdown ....... Normal operation .............. Major source ..................... Major or area source ........ 6. New kiln ......................... 7. New kiln ......................... Normal operation .............. Startup and shutdown ....... Major source ..................... Major or area source ........ 8. New kiln ......................... 9. Existing clinker cooler .... 10. Existing clinker cooler .. 11. New clinker cooler ....... 12. New clinker cooler ....... 13. Existing or new raw material dryer. 14. Existing or new raw material dryer. 15. Existing or new raw or finish mill. 16. Open clinker storage piles. Startup Normal Startup Normal Startup Normal Major Major Major Major Major Major source ..................... or area source ........ or area source ........ or area source ........ or area source ........ or area source ........ PM 1 0.07 ................ D/F 2 0.2 .................. Mercury 55 .............. THC 3 4 24 ................ HCl 3 ....................... PM 0.04 ................... D/F 0.2 .................... Mercury 10 .............. THC 24 .................... HCl 3 ....................... PM 0.02 ................... D/F 1 0.2 .................. Mercury 21 .............. THC 3 4 24 ............... HCl 3 ....................... PM 0.0008 ............... D/F 0.2 .................... Mercury 4 ................ THC 24 .................... HCl 3 ....................... PM 0.07 ................... PM 0.004 ................. PM 0.02 ................... PM 0.0008 ............... THC 3 4 24 ............... lb/ton clinker ....... ng/dscm .............. lb/MMtons clinker ppmvd ................. ppmvd ................. gr/dscf ................. ng/dscm (TEQ) ... ug/dscm .............. ppmvd ................. ppmvd ................. lb/ton clinker ....... ng/dscm .............. lb/MM tons clinker ppmvd ................. ppmvd ................. gr/dscf ................. ng/dscm (TEQ) ... ug/dscm .............. ppmvd ................. ppmvd ................. lb/ton clinker ....... gr/dscf ................. lb/ton clinker ....... gr/dscf ................. ppmvd ................. NA 7 NA 7 7 NA NA NA NA NA NA 7 NA 7 7 NA NA NA NA NA NA NA NA NA NA Startup and shutdown ....... Major or area source ........ THC 24 .................... ppmvd ................. NA All operating modes .......... Major source ..................... Opacity 10 ............... percent ................ NA All operating modes .......... Major or area source ........ Work practices (63.1343(c)). NA ....................... NA and shutdown ....... operation .............. and shutdown ....... operation .............. and shutdown ....... operation .............. 1 The initial and subsequent PM performance tests are performed using Method 5 and consists of three 1-hr tests. the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 °F or less this limit is changed to 0.040 ng/dscm. 3 Measured as propane. 4 Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP. 2 If combine the clinker cooler exhaust and/ or coal mill with the kiln exhaust for energy efficiency purposes and send the combined exhaust to the PM control device as a single stream may meet an alternative PM emissions limit. This limit is calculated using equation 1 of this section: Where: PMalt = Alternative PM emission limit for commingled sources. 0.006 = The PM exhaust concentration (gr/ dscf) equivalent to 0.070 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of lb feed per lb clinker. Qk = The exhaust flow of the kiln (dscf/ton raw feed). Qc = The exhaust flow of the clinker cooler (dscf/ton feed). Qab = The exhaust flow of the alkali bypass (dscf/ton feed). Qcm = The exhaust flow of the coal mill (dscf/ton feed). 7000 = The conversion factor for grains (gr) per lb. For new kilns that combine kiln exhaust and clinker cooler gas the limit is calculated using the equation 2 of this section: VerDate Mar<15>2010 19:30 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.005</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS2 (2) When there is an alkali bypass associated with a kiln, the combined PM emissions from the kiln and the alkali bypass stack are subject to the PM emissions limit. Existing kilns that Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Where: PMalt = Alternative PM emission limit for commingled sources. 0.002 = The PM exhaust concentration (gr/ dscf) equivalent to 0.020 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of lb feed per lb clinker. Qk = The exhaust flow of the kiln (dscf/ton feed). Qc = The exhaust flow of the clinker cooler (dscf/ton feed). Qab = The exhaust flow of the alkali bypass (dscf/ton feed). Qcm = The exhaust flow of the coal mill (dscf/ton feed). 7000 = The conversion factor for gr per lb. (c) Open Clinker Piles. The owner or operator of an open clinker pile must prepare and operate in accordance with the fugitive dust emissions control measures, described in their operation and maintenance plan (see § 63.1347 of this subpart), that is appropriate for the site conditions as specified in paragraphs (c)(1) and (2) of this paragraph. (1) The operations and maintenance plan must identify and describe the fugitive dust emissions control measures the owner or operator will use to minimize fugitive dust emissions from each open clinker storage pile. (2) For open clinker storage piles, the operations and maintenance plan must specify that one or more of the following control measures will be used to minimize to the greatest extent practicable fugitive dust from open clinker storage piles: Locating the source inside a partial enclosure, installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the source, use of a wind barrier, compaction, or use of a vegetative cover. The owner or operator must select, for inclusion in the operations and maintenance plan, the fugitive dust control measure or measures listed in this paragraph that are most appropriate for site conditions. The plan must also explain how the measure or measures selected are applicable and appropriate for site conditions. In addition, the plan must be revised as needed to reflect any changing conditions at the source. (d) Emission limits in effect prior to September 9, 2010. Any source defined as an existing source in § 63.1351, and that was subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to September 9, 2010, must continue to meet the limits shown in Table 2 to this section until September 9, 2015. * * * * * VerDate Mar<15>2010 19:30 Jul 17, 2012 Jkt 226001 14. Section 63.1344 is amended by revising the section heading and revising the section to read as follows: § 63.1344 Affirmative defense for violation of emissions limit during malfunction. In response to an action to enforce the standards set forth in paragraph § 63.1343(b) you may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if the respondent fails to meet its burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) To establish the affirmative defense in any action to enforce such a standard, you must timely meet the notification requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that: (1) The violation: (i) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner, and (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (iv) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (2) Repairs were made as expeditiously as possible when a violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (5) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment and human health; and (6) All emissions monitoring and control systems were kept in operation if at all possible consistent with safety and good air pollution control practices; and PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 (7) Your actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (8) At all times, the affected source was operated in a manner consistent with good air pollution control practice for minimizing emissions; and (9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction. (b) Report. The owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator with all necessary supporting documentation, that it has met the requirements set forth in paragraph (a) of this section. This affirmative defense report shall be included in the semiannual report required by section 63.1354(b)(9). The affirmative defense report shall be included in the first semiannual, deviation report or excess emission report otherwise required after the initial occurrence of the violation of the relevant standard (which may be the end of any applicable averaging period). If such compliance, deviation report or excess the semiannual report is due less than 45 days after the initial occurrence of the violation, the affirmative defense report may be included in the second semiannual compliance, deviation report or excess emission report due after the initial occurrence of the violation of the relevant standard. 15. Section 63.1345 is amended by revising the section heading and revising the section to read as follows: § 63.1345 Emissions limits for affected sources other than kilns; clinker coolers; new and reconstructed raw material dryers; and open clinker piles. The owner or operator of each new or existing raw material, clinker, or finished product storage bin; conveying system transfer point; bagging system; bulk loading or unloading system; raw and finish mills; and each existing raw material dryer, at a facility which is a major source subject to the provisions of this subpart must not cause to be discharged any gases from these affected sources which exhibit opacity in excess of 10 percent. 16. Section 63.1346 is amended by: E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.006</GPH> 42400 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules a. Revising paragraph (a) introductory text; b. Revising paragraph (a)(1); and c. Revising paragraphs (c) through (f). The revisions read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 63.1346 Operating limits for kilns. (a) The owner or operator of a kiln subject to a D/F emissions limitation under § 63.1343 must operate the kiln such that the temperature of the gas at the inlet to the kiln PM control device (PMCD) and alkali bypass PMCD, if applicable, does not exceed the applicable temperature limit specified in paragraph (b) of this section. The owner or operator of an in-line kiln/raw mill subject to a D/F emissions limitation under § 63.1343 must operate the in-line kiln/raw mill, such that: (1) When the raw mill of the in-line kiln/raw mill is operating, the applicable temperature limit for the main in-line kiln/raw mill exhaust, specified in paragraph (b) of this section and established during the performance test when the raw mill was operating, is not exceeded, except during periods of startup/shutdown when the temperature limit may be exceeded by no more than 10 percent. * * * * * (c) For an affected source subject to a D/F emissions limitation under § 63.1343 that employs sorbent injection as an emission control technique you must operate the sorbent injection system in accordance with paragraphs (c)(1) and (c)(2) of this section. (1) The rolling three-hour average activated sorbent injection rate must be equal to or greater than the sorbent injection rate determined in accordance with § 63.1349(b)(3)(vi). (2) You must either: (i) Maintain the minimum activated carbon injection carrier gas flow rate, as a rolling three-hour average, based on the manufacturer’s specifications. These specifications must be documented in the test plan developed in accordance with § 63.7(c), or (ii) Maintain the minimum activated carbon injection carrier gas pressure drop, as a rolling three-hour average, based on the manufacturer’s specifications. These specifications must be documented in the test plan developed in accordance with § 63.7(c). (d) Except as provided in paragraph (e) of this section, for an affected source subject to a D/F emissions limitation under § 63.1343 that employs carbon injection as an emission control technique you must specify and use the brand and type of sorbent used during the performance test until a subsequent performance test is conducted, unless the site-specific performance test plan VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 contains documentation of key parameters that affect adsorption and the owner or operator establishes limits based on those parameters, and the limits on these parameters are maintained. (e) For an affected source subject to a D/F emissions limitation under § 63.1343 that employs carbon injection as an emission control technique you may substitute, at any time, a different brand or type of sorbent provided that the replacement has equivalent or improved properties compared to the sorbent specified in the site-specific performance test plan and used in the performance test. The owner or operator must maintain documentation that the substitute sorbent will provide the same or better level of control as the original sorbent. (f) No kiln may use as a raw material or fuel any fly ash where the mercury content of the fly ash has been increased through the use of activated carbon, or any other sorbent, unless the facility can demonstrate that the use of that fly ash will not result in an increase in mercury emissions over baseline emissions (i.e., emissions not using the fly ash). The facility has the burden of proving there has been no emissions increase over baseline. Once the kiln must comply with a mercury emissions limit specified in § 63.1343, this paragraph no longer applies. 17. Section 63.1347 is amended by revising paragraph (a)(1) to read as follows: § 63.1347 Operation and maintenance plan requirements. (a) * * * (1) Procedures for proper operation and maintenance of the affected source and air pollution control devices in order to meet the emissions limits and operating limits, including fugitive dust control measures for open clinker piles, of §§ 63.1343 through 63.1348. Your operation and maintenance plan must address periods of startup and shutdown; * * * * * 18. Section 63.1348 is amended by: a. Revising paragraph (a) introductory text; b. Removing paragraphs (a)(1)(i) and (ii); c. Revising paragraphs (a)(1) through (a)(6); d. Revising paragraph (b); and e. Revising paragraph (c)(2)(iv). The revisions read as follows: § 63.1348 Compliance requirements. (a) Initial Performance Test Requirements. For an affected source subject to this subpart, you must PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 42401 demonstrate compliance with the emissions standards and operating limits by using the test methods and procedures in §§ 63.1349 and 63.7. Note: The first day of the 30 operating day performance test is the first day following completion of the field testing and data collection that demonstrates that the CPMS or CEMS has satisfied the relevant CPMS performance evaluation or CEMS performance specification (e.g., PS 2, 12A, or 12B) acceptance criteria. The performance test period is complete at the end of the 30th consecutive operating day. See § 63.1341 for definition of operating day and § 63.1348(b)(1) for the CEMS operating requirements. (1) PM Compliance. If you are subject to limitations on PM emissions under § 63.1343(b), you must demonstrate compliance with the PM emissions standards by using the test methods and procedures in § 63.1349(b)(1). (2) Opacity Compliance. If you are subject to the limitations on opacity under § 63.1345, you must demonstrate compliance with the opacity emissions standards by using the performance test methods and procedures in § 63.1349(b)(2). Use the maximum 6minute average opacity exhibited during the performance test period to determine whether the affected source is in compliance with the standard. (3) D/F Compliance. (i) If you are subject to limitations on D/F emissions under § 63.1343(b), you must demonstrate compliance with the D/F emissions standards by using the performance test methods and procedures in § 63.1349(b)(3). The owner or operator of a kiln with an inline raw mill must demonstrate compliance by conducting separate performance tests while the raw mill is operating and while the raw mill is not operating. Determine the D/F concentration for each run and calculate the arithmetic average of the concentrations measured for the three runs to determine continuous compliance. (ii) If you are subject to a D/F emissions limitation under § 63.1343(b), you must demonstrate compliance with the temperature operating limits specified in § 63.1346 by using the performance test methods and procedures in § 63.1349(b)(3)(ii) through (b)(3)(iv). Use the arithmetic average of the temperatures measured during the three runs to determine the applicable temperature limit. (iii) If activated carbon injection is used and you are subject to a D/F emissions limitation under § 63.1343(b), you must demonstrate compliance with the activated carbon injection rate operating limits specified in § 63.1346 E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 42402 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules by using the performance test methods and procedures in § 63.1349(b)(3)(v). The average of the run injection rates will determine the applicable injection rate limit. (iv) If activated carbon injection is used, you must also develop a carrier gas parameter (either the carrier gas flow rate or the carrier gas pressure drop) during the initial and updated during any subsequent performance test conducted under § 63.1349(b)(3) that meets the requirements of § 63.1349(b)(3)(vi). Compliance is demonstrated if the system is maintained within +/¥ 5 percent accuracy during the performance test determined in accordance with the procedures and criteria submitted for review in your monitoring plan required in section 63.1350(p). (4)(i) THC Compliance. (A) If you are subject to limitations on THC emissions under § 63.1343(b), you must demonstrate compliance with the THC emissions standards by using the performance test methods and procedures in § 63.1349(b)(4)(i). You must use the average THC concentration obtained during the first 30 kiln operating days after the compliance date of this rule to determine initial compliance. (B) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. (ii) Total Organic HAP Emissions Tests. If you elect to demonstrate compliance with the total organic HAP emissions limit under § 63.1343(b) in lieu of the THC emissions limit, you must demonstrate compliance with the total organic HAP emissions standards by using the performance test methods and procedures in § 63.1349(b)(4)(iii) and (b)(4)(iv). (iii) If you are demonstrating initial compliance, you must conduct the separate performance tests as specified in § 63.1349(b)(4)(iii) while the raw mill kiln is operating and while the raw mill of the kiln is not operating. (iv) The average total organic HAP concentration measured during the separate initial performance test specified by § 63.1349(b)(4)(iii) must be used to determine initial compliance. (v) The average THC concentration measured during the initial performance test specified by § 63.1349(b)(4)(iv) must be used to determine the site-specific THC limit. Using the fraction of time the raw mill is on and the fraction of time VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off testing. (5) Mercury Compliance. If you are subject to limitations on mercury emissions in § 63.1343(b), you must demonstrate compliance with the mercury standards by using the performance test methods and procedures in § 63.1349(b)(5). You must demonstrate compliance by operating a mercury CEMS or a sorbent trap based CEMS. Compliance with the mercury emissions standard must be determined based on the first 30 operating days you operate a mercury CEMS after the compliance date of this rule. In calculating a 30 operating day emissions value using an integrating sorbent trap CEMS, assign the average Hg emissions concentration determined for an integrating period (e.g., 7 day sorbent trap sample) to each relevant hour of the kiln operating days spanned by each integrated sample. Calculate the 30 kiln operating day emissions rate value using the assigned hourly Hg emissions concentrations and the respective flow and production rate values collected during the 30 kiln operating day performance test period. Depending on the duration of each integrated sampling period, you may not be able to calculate the 30 kiln operating day emissions value until several days after the end of the 30 kiln operating day performance test period. For example, a sorbent trap CEMS producing an integrated 7-day sample will provide Hg concentration data for each hour of the first 28 kiln operating days (i.e., four values spanning 7 days each) of a 30 operating day period. The Hg concentration values for the hours of the last 2 days of the 30 operating day period will not be available for calculating the emissions for the performance test period until at least five days after the end of the subject period. (6) HCl Compliance. If you are subject to limitations on HCl emissions under § 63.1343(b), you must demonstrate initial compliance with the HCl standards by using the performance test methods and procedures in § 63.1349(b)(6). (i) For an affected source that is equipped with a wet scrubber, tray tower or dry scrubber, you must demonstrate initial compliance by conducting a performance test as specified in § 63.1349(b)(6)(i). You must determine the HCl concentration for each run and calculate the arithmetic average of the concentrations measured for the three runs to determine compliance. You must also have PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 established appropriate site-specific operational parameter limits. (ii) For an affected source that is not equipped with a wet scrubber, tray tower or dry scrubber, you must demonstrate initial compliance by operating a CEMS as specified in § 63.1349(b)(6)(ii). You must use the average of the hourly HCl concentration obtained during the first 30 kiln operating days that occur after the compliance date of this rule to determine initial compliance. (iii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the HCl emissions limit. (iv) As an alternative to paragraph (i), you may use an SO2 CEMS to establish an SO2 operating level during your initial and repeat HCl performance tests as specified in § 63.1349(b)(6)(iii). (b) Continuous Monitoring Requirements. You must demonstrate compliance with the emissions standards and operating limits by using the performance test methods and procedures in §§ 63.1350 and 63.8 for each affected source. (1) General Requirements. (i) You must monitor and collect data according to § 63.1350 and the sitespecific monitoring plan required by § 63.1350(p). (ii) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating. (iii) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. E:\FR\FM\18JYP2.SGM 18JYP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules (iv) Clinker Production. If you are subject to limitations on PM emissions (lb/ton of clinker) or mercury (lb/MM tons of clinker) under § 63.1343(b), you must determine the hourly production rate of clinker according to the requirements of § 63.1350(d). (2) PM Compliance. If you are subject to limitations on PM emissions under § 63.1343(b), you must use the monitoring methods and procedures in § 63.1350(b) and (d). (3) Opacity Compliance. If you are subject to the limitations on opacity under § 63.1345, you must demonstrate compliance using the monitoring methods and procedures in § 63.1350(f) based on the maximum 6-minute average opacity exhibited during the performance test period. You must initiate corrective actions within one hour of detecting visible emissions above the applicable limit. (i) COMS. If you install a COMS in lieu of conducting the daily visible emissions testing, you must demonstrate compliance using a COMS such that it is installed, operated, and maintained in accordance with the requirements of § 63.1350(f)(4)(i). (ii) Bag leak determination system (BLDS). If you install a BLDS on a raw mill or finish mill in lieu of conducting the daily visible emissions testing, you must demonstrate compliance using a BLDS that is installed, operated, and maintained in accordance with the requirements of § 63.1350(f)(4)(ii). (4) D/F Compliance. If you are subject to a D/F emissions limitation under § 63.1343(b), you must demonstrate compliance using a CMS that is installed, operated and maintained to record the temperature of specified gas streams in accordance with the requirements of § 63.1350(g). (5)(i) Activated Carbon Injection Compliance. If you use activated carbon injection to comply with the D/F emissions limitation under § 63.1343(b), you must demonstrate compliance using a CMS that is installed, operated, and maintained to record the rate of activated carbon injection in accordance with the requirements § 63.1350(h)(1). (ii) If you use activated carbon injection to comply with the D/F emissions limitation under § 63.1343(b), you must demonstrate compliance using a CMS that is installed, operated and maintained to record the activated carbon injection system gas parameter in accordance with the requirements § 63.1350(h)(2). (6) THC Compliance. (i) If you are subject to limitations on THC emissions under § 63.1343(b), you must demonstrate compliance using the VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 monitoring methods and procedures in § 63.1350(i) and (j). (ii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. THC must be measured upstream of the coal mill. (7) Mercury Compliance. If you are subject to limitations on mercury emissions in § 63.1343(b), you must demonstrate compliance using the monitoring methods and procedures in § 63.1350(k). If you use an integrated sorbent trap Hg CEMS to determine ongoing compliance, use the procedures described in § 63.1348(a)(5) to assign hourly mercury concentration values and to calculate rolling 30 operating data emissions rates. Since you assign the mercury concentration measured with the sorbent trap to each relevant hour respectively for each operating day of the integrated period, you may schedule the sorbent change periods to any time of the day (i.e., the sorbent trap replacement need not be scheduled at 12:00 midnight nor must the sorbent trap replacements occur only at integral 24-hour intervals). (8) HCl Compliance. If you are subject to limitations on HCl emissions under § 63.1343(b), you must demonstrate compliance using the performance test methods and procedures in § 63.1349(b)(6). (i) For an affected source that is not equipped with a wet scrubber, tray tower or a dry sorbent injection system, you must demonstrate compliance using the monitoring methods and procedures in § 63.1350(l)(1). (ii) For an affected source that is equipped with a wet scrubber, tray tower or a dry sorbent injection system, you must demonstrate compliance using the monitoring methods and procedures in § 63.1350(l)(2). (iii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the HCl emissions limit. (iv) As an alternative to paragraph (ii), you may use an SO2 CEMS to establish an SO2 operating level during your initial and repeat HCl performance tests and monitor the SO2 level using the procedures in § 63.1350(l)(3). (c) * * * PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 42403 (2) * * * (iv) The performance test must be completed within 360 hours after the planned operational change period begins. * * * * * 19. Section 63.1349 is amended by: a. Revising paragraph (a) introductory text; b. Revising paragraph (b)(1); c. Revising paragraph (b)(3) introductory text; d. Revising paragraphs (b)(3)(v) and (b)(3)(vi); e. Revising paragraphs (b)(4), (b)(5), and (b)(6); and f. Revising paragraphs (c), (d) and (e). The revisions read as follows: § 63.1349 Performance testing requirements. (a) You must document performance test results in complete test reports that contain the information required by paragraphs (a)(1) through (a)(10) of this section, as well as all other relevant information. As described in § 63.7(c)(2)(i), you must make available to the Administrator prior to testing, if requested, the site-specific test plan to be followed during performance testing. * * * * * (b)(1) PM Emissions Tests. (i) The owner or operator of a kiln subject to limitations on PM emissions shall demonstrate initial compliance by conducting a performance test as specified in paragraphs (b)(1)(ii) of this section. (A) In using a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (b)(1)(i)(B) through (D) and (b)(1)(ii) and (iii) of this section. (B) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (e.g., milliamps, stack concentration, or other raw data signal) from the PM CPMS for the periods corresponding to the test runs (e.g., three 1-hour average PM OK CPMS output values for three 1-hour test runs). (C) Determine your operating limit as the highest 1-hour average PM CPMS output value recorded during the performance test. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (D) To determine continuous compliance, you must record the PM E:\FR\FM\18JYP2.SGM 18JYP2 42404 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules signal) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 3 to determine the 30 kiln operating day average. Where: Hpvi = The hourly parameter value for hour i and n is the number of valid hourly parameter values collected over 30 kiln operating days. compliance with a new source limit and 1 dscm for determining compliance with a existing source limit. Calculate the average of the results from three runs to determine compliance. You need not determine the PM collected in the impingers (‘‘back half’’) of the Method 5 particulate sampling train to demonstrate compliance with the PM standards of this subpart. This shall not preclude the permitting authority from requiring a determination of the ‘‘back half’’ for other purposes. (iii) When there is an alkali bypass associated with a kiln, the main exhaust and alkali bypass of the kiln must be tested simultaneously and the combined emission rate of PM from the kiln and alkali bypass must be computed for each run using equation 4 of this section. For purposes of calculating the combined kiln and alkali bypass emissions, you may use the results of the initial and subsequent Method 5 performance test for the alkali bypass, instead of installing a CEMS, to demonstrate compliance with the PM emissions limit. the raw mill of the in-line kiln/raw mill is operating or not operating. * * * * * (v)(A) If sorbent injection is used for D/F control, you must record the rate of sorbent injection to the kiln exhaust, and where applicable, the rate of sorbent injection to the alkali bypass exhaust, continuously during the period of the Method 23 test in accordance with the conditions in § 63.1350(m)(9), and include the continuous injection rate record(s) in the performance test report. Determine the sorbent injection rate parameters in accordance with paragraphs (b)(3)(vi) of this section. (B) Include the brand and type of sorbent used during the performance test in the performance test report. (C) Maintain a continuous record of either the carrier gas flow rate or the carrier gas pressure drop for the duration of the performance test. If the carrier gas flow rate is used, determine, record, and maintain a record of the accuracy of the carrier gas flow rate monitoring system according to the procedures in appendix A to part 75 of this chapter. If the carrier gas pressure drop is used, determine, record, and maintain a record of the accuracy of the carrier gas pressure drop monitoring system according to the procedures in § 63.1350(m)(6). (vi) Calculate the run average sorbent injection rate for each run and determine and include the average of the run average injection rates in the performance test report and determine the applicable injection rate limit in accordance with § 63.1346(c)(1). (4)(i) THC Emissions Test. (A) If you are subject to limitations on THC emissions, you must operate a continuous emissions monitoring system (CEMS) in accordance with the requirements in § 63.1350(i). For the purposes of conducting the accuracy and quality assurance evaluations for CEMS, the THC span value (as propane) is 50 ppmvd and the reference method (RM) is Method 25A of appendix A to part 60 of this chapter. (B) Use the THC CEMS to conduct the initial compliance test for the first 30 kiln operating days of kiln operation after the compliance date of the rule. See 63.1348(a). (C) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln-specific THC limit using equation 5: (ii) Use EPA Method 5 of appendix A to part 60 of this chapter to determine PM emissions. For each performance test, conduct three separate runs under the conditions that exist when the affected source is operating at the highest load or capacity level reasonably expected to occur. Conduct each test run to collect a minimum sample volume of 2 dscm for determining mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Where: EC = Combined hourly emission rate of PM from the kiln and bypass stack, lb/ton of kiln clinker production; EK = Hourly emissions of PM emissions from the kiln, lb; EB = Hourly PM emissions from the alkali bypass stack, lb; P = Hourly clinker production, tons. (iv) The owner or operator of a kiln with an in-line raw mill and subject to limitations on PM emissions shall demonstrate initial compliance by conducting separate performance tests while the raw mill is under normal operating conditions and while the raw mill is not operating. * * * * * (3) D/F Emissions Tests. If you are subject to limitations on D/F emissions under this subpart, you must conduct a performance test using Method 23 of appendix A–7 to part 60 of this chapter. If your kiln or in-line kiln/raw mill is equipped with an alkali bypass, you must conduct simultaneous performance tests of the kiln or in-line kiln/raw mill exhaust and the alkali bypass. You may conduct a performance test of the alkali bypass exhaust when VerDate Mar<15>2010 19:30 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.008</GPH> data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data EP18JY12.007</GPH> CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Where: E30D = 30-day rolling emission rate of mercury, lb/MM tons clinker; Ci = Concentration of mercury for operating hour i, mg/scm; Qi = Volumetric flow rate of effluent gas for operating hour i, where Cs and Qs are on the same basis (either wet or dry), scm/ hr; K = Conversion factor, 1 lb/454,000,000 mg; n = Number of kiln operating hours in a 30 kiln operating day period, n = 1 to 720. (6) HCl Emissions Tests. For a source subject to limitations on HCl emissions you must conduct performance testing by one of the following methods: (i)(A) If the source is equipped with a wet scrubber, tray tower or dry scrubber, you must conduct performance testing using Method 321 of appendix A to this part unless you have installed a CEMS that meets the requirements § 63.1350(l)(1). VerDate Mar<15>2010 19:30 Jul 17, 2012 Jkt 226001 (A) As soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the THC CEMS measurements to within the established value; and (B) Within 90 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct another performance test to determine compliance with the organic HAP limit and to verify or re-establish your sitespecific THC emissions limit. (5) Mercury Emissions Tests. If you are subject to limitations on mercury emissions, you must operate a mercury CEMS in accordance with the requirements of § 63.1350(k). The initial compliance test must be based on the first 30 kiln operating days in which the affected source operates using a mercury CEMS after the compliance date of the rule. See § 63.1348(a). (i) If you are using a mercury CEMS or a sorbent trap monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in § 63.1350(k)(5). (ii) Calculate the emission rate using the equations 6 of this section: (B) You must establish site specific parameter limits by using the CPMS required in § 63.1350(l)(1). For a wet scrubber or tray tower, measure and record the pressure drop across the scrubber and/or liquid flow rate and pH in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average pressure drop, pH, and average scrubber water flow rate for each sampling run in which the applicable emissions limit is met. For a dry scrubber, measure and record the sorbent injection rate in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average sorbent injection rate and average sorbent injection rate for each sampling run in which the applicable emissions limit is met. (ii)(A) If the source is not controlled by a wet scrubber, tray tower or dry sorbent injection system, you must operate a CEMS in accordance with the requirements of § 63.1350(l)(1). See § 63.1348(a). (B) The initial compliance test must be based on the 30 kiln operating days that occur after the compliance date of this rule in which the affected source operates using a HCl CEMS. Hourly HCl concentration data must be obtained according to § 63.1350(l). (iii) As an alternative to paragraph (i), you may choose to monitor SO2 emissions using a CEMS in accordance with the requirements of § 63.1350(l)(3). You must establish an SO2 operating limit equal to the highest 1 hour average recorded during the HCl stack test. This operating limit will apply only for demonstrating HCl compliance. (iv) If kiln gases are diverted through an alkali bypass or to a coal mill and PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.010</GPH> (D) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. THC must be measured upstream of the coal mill. (ii) Total Organic HAP Emissions Tests. Instead of conducting the performance test specified in paragraph (b)(4)(i) of this section, you may conduct a performance test to determine emissions of total organic HAP by following the procedures in paragraphs (b)(4)(iii) through (b)(4)(iv) of this section. (iii) Use Method 320 of appendix A to this part, Method 18 of Appendix A of part 60, ASTM D6348–03 or a combination to determine emissions of total organic HAP. Each performance test must consist of three separate runs under the conditions that exist when the affected source is operating at the representative performance conditions in accordance with § 63.7(e). Each run must be conducted for at least 1 hour. You must conduct the performance test while the raw mill of the kiln is operating and while the raw mill of the kiln is not operating. (iv) At the same time that you are conducting the performance test for total organic HAP, you must also determine a site-specific THC emissions limit by operating a CEMS in accordance with the requirements of § 63.1350(j). The duration of the performance test must be 3 hours and the highest 1-hour average THC concentration (as calculated from the 1minute averages) during the 3-hour test must be calculated. Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off testing. (v) You must repeat the performance test for organic HAP according to paragraph (b)(4)(iii) and (iv) of this section no later than 12 months after your last test to confirm compliance with the organic HAP emissions limit and to re-establish your site-specific THC emissions limit. (vi) If the THC level exceeds by 10 percent or more your site-specific THC emissions limit, you must EP18JY12.009</GPH> Where: Cks = Kiln stack concentration (ppmvd) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume/hr) Ccm = Coal mill concentration (ppmvd) Qks = Kiln stack flow rate (volume/hr) 42405 42406 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules records as may be necessary to determine the conditions of performance tests. 20. Section 63.1350 is amended by: a. Revising paragraphs (a) through (d); b. Revising paragraph (f) introductory text; c. Revising paragraphs (f)(1)(iv) through (f)(1)(vi); d. Revising paragraphs (f)(2)(i) and (f)(2)(iii); e. Revising paragraphs (f)(3) and (f)(4); f. Revising paragraph (g)(1) introductory text; g. Revising paragraphs (g)(2) and (g)(4); h. Revising paragraph (h)(1)(ii); i. Revising paragraphs (i)(1) and (i)(2); j. Adding paragraph (i)(3); k. Revising paragraph (k); l. Revising paragraph (l); m. Revising paragraph (m) introductory text; n. Revising paragraph (m)(7)(i); o. Revising introductory text for paragraphs (m)(9); p. Revising paragraph (m)(10), and paragraph (m)(11)(v); q. Revising introductory text for paragraphs (n), (o), and (p); r. Removing and reserving paragraph (n)(3); and s. Revising introductory text for paragraphs (p)(1), (p)(2), and (p)(5). The revisions read as follows: (c) Performance Test Frequency. Except as provided in § 63.1348(b), performance tests are required at regular intervals for affected sources that are subject to a dioxin or HCl emissions limit and must be repeated every 30 months except for pollutants where that specific pollutant is monitored using CEMS. Tests for PM and total organic HAP are repeated every 12 months. (d) Performance Test Reporting Requirements. (1) You must submit the information specified in paragraphs (d)(1) and (d)(2) of this section no later than 60 days following the initial performance test. All reports must be signed by a responsible official. (i) The initial performance test data as recorded under paragraph (b) of this section. (ii) The values for the site-specific operating limits or parameters established pursuant to paragraphs (b)(3), (b)(4)(iii), (b)(5)(ii), and (b)(6)(i) of this section, as applicable, and a description, including sample calculations, of how the operating parameters were established during the initial performance test. (2) As of December 31, 2011 and within 60 days after the date of completing each performance evaluation or test, as defined in § 63.2, conducted to demonstrate compliance with any standard covered by this subpart, you must submit the relative accuracy test audit data and performance test data, except opacity data, to the EPA by successfully submitting the data electronically to the EPA’s Central Data Exchange (CDX) by using the Electronic Reporting Tool(ERT) (see https://www.epa.gov/ttn/ chief/ert/ert_tool.html/). (e) Conditions of performance tests. Conduct performance tests under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, you must make available to the Administrator such VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 § 63.1350 Monitoring requirements. (a)(1) Following the compliance date, the owner or operator must demonstrate compliance with this subpart on a continuous basis by meeting the requirements of this section. (2) All continuous monitoring data for periods of startup and shutdown must be compiled and averaged separately from data gathered during other operating periods. (3) For each existing unit that is equipped with a CMS, maintain the average emissions or the operating parameter values within the operating parameter limits established through performance tests. (4) Any instance where the owner or operator fails to comply with the continuous monitoring requirements of this section is a deviation. (b) PM Monitoring Requirements. (1)(i) PM CPMS. You will use a PM CPMS to establish a site-specific PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 operating limit corresponding to the results of the performance test demonstrating compliance with the PM limit. You will conduct your performance test using Method 5 at appendix A–3 to part 60 of this chapter. You will use the PM CPMS to demonstrate continuous compliance with this operating limit. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (ii) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. (iii) For any deviation of the 30 process operating day PM CPMS average value from the established operating parameter limit, you must (A) Within 48 hours of the deviation, visually inspect the APCD; (B) If inspection of the APCD identifies the cause of the deviation, take corrective action as soon as possible, and return the PM CPMS measurement to within the established value; and (C) Within 45 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify or reestablish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under this paragraph. (iv) PM CPMS deviations from the operating limit leading to more than four required performance tests in a 12month process operating period (rolling monthly) constitute a separate violation of this subpart. E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.011</GPH> must calculate a kiln-specific HCl limit using equation 7: Where: Cks = Kiln stack concentration (ppmvd) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume/hr) Ccm = Coal mill concentration (ppmvd) Qks = Kiln stack flow rate (volume/hr) mstockstill on DSK4VPTVN1PROD with PROPOSALS2 exhausted through a separate stack, you mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules (2) Kilns equipped with an alkali bypass. If kiln gases are diverted through an alkali bypass, you must account for the PM emitted from the alkali bypass stack by following the procedures in (b)(2)(i) through (v) of this section: (i) You must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere from the alkali bypass stack according to the requirements in paragraphs (n)(1) through (n)(10) of this section. (ii) Develop a PM emissions factor by conducting annual performance tests using Method 5 to measure the concentration of PM in the gases exhausted from the alkali bypass stack. (iii) On a continuous basis, determine the mass emissions of PM in pounds per hour from the alkali bypass exhaust by using the PM emissions factor and the continuously measured exhaust gas flow rates. (iv) Sum the hourly PM emissions from the kiln and alkali bypass to determine total hourly PM emissions. Using hourly clinker production, calculate the hourly emissions rate in pounds per ton of clinker to determine your 30 day rolling average. (v) If you monitor compliance using a PM CPMS, you must determine compliance according to paragraphs (b)(3)(v)(A) through (C) of this section: (A) Conduct an annual performance test using Method 5 to determine total PM emissions from the alkali bypass and kiln. (B) To determine continuous compliance, you must establish your PM CPMS operating limit according to paragraph (b)(1) of this section. (C) You must establish the maximum exhaust gas flow rate for the alkali bypass during your annual performance test. You must continuously monitor the flow rate until the next performance test. If there is a deviation of the monitored flow rate from the maximum established during your last performance test by more than 10 percent, you must retest the kiln and alkali bypass to determine compliance. (c) [Reserved] (d) Clinker Production Monitoring Requirements. If you are subject to an emissions limitation on PM or mercury emissions (lb/ton of clinker), you must: (1) Determine hourly clinker production by one of two methods: (i) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of clinker produced. The system of measuring hourly clinker production VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 must be maintained within ±5 percent accuracy, or (ii) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of feed to the kiln. The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate using a kiln specific feed to clinker ratio based on reconciled clinker production determined for accounting purposes and recorded feed rates. Update this ratio monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated. (iii) [Reserved] (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinker production (or feed mass flow if applicable) before initial use (for new sources) or by the effective compliance date of this rule (for existing sources). During each quarter of source operation, you must determine, record, and maintain a record of the ongoing accuracy of the system of measuring hourly clinker production (or feed mass flow). (3) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and clinker production rates. (4) Develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (e) [Reserved] (f) Opacity Monitoring Requirements. If you are subject to a limitation on opacity under § 63.1345, you must conduct required opacity monitoring in accordance with the provisions of paragraphs (f)(1)(i) through (f)(1)(vii) of this section and in accordance with your monitoring plan developed under § 63.1350(p). You must also develop an opacity monitoring plan in accordance with paragraphs (p)(1) through (p)(4) and paragraph (o)(5), if applicable, of this section. (1) * * * (iv) If visible emissions are observed during any Method 22 performance test, of appendix A–7 to part 60 of this chapter, you must conduct 30 opacity observations in accordance with Method 9 of appendix A–4 to part 60 of this chapter. The Method 9 performance test, of appendix A–4 to part 60 of this chapter, must begin within 1 hour of any observation of visible emissions. (v) The requirement to conduct Method 22 visible emissions monitoring under this paragraph do not apply to PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 42407 any totally enclosed conveying system transfer point, regardless of the location of the transfer point. The enclosures for these transfer points must be operated and maintained as total enclosures on a continuing basis in accordance with the facility operations and maintenance plan. (vi) If any partially enclosed or unenclosed conveying system transfer point is located in a building, you must conduct a Method 22 performance test, of appendix A–7 to part 60 of this chapter, according to the requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this section for each such conveying system transfer point located within the building, or for the building itself, according to paragraph (f)(1)(vii) of this section. * * * * * (2)(i) For a raw mill or finish mill, you must monitor opacity by conducting daily visible emissions observations of the mill sweep and air separator PM control devices (PMCD) of these affected sources in accordance with the procedures of Method 22 of appendix A–7 to part 60 of this chapter. The duration of the Method 22 performance test must be 6 minutes. * * * * * (iii) If visible emissions are observed during the follow-up Method 22 performance test required by paragraph (f)(2)(ii) of this section from any stack from which visible emissions were observed during the previous Method 22 performance test required by paragraph (f)(2)(i) of the section, you must then conduct an opacity test of each stack from which emissions were observed during the follow up Method 22 performance test in accordance with Method 9 of appendix A–4 to part 60 of this chapter. The duration of the Method 9 test must be 30 minutes. (3) If visible emissions are observed during any Method 22 visible emissions test conducted under paragraphs (f)(1) or (f)(2) of this section, you must initiate, within one hour, the corrective actions specified in your operation and maintenance plan as required in § 63.1347. (4) The requirements under paragraph (f)(2) of this section to conduct daily Method 22 testing do not apply to any specific raw mill or finish mill equipped with a COMS or BLDS. (i) If the owner or operator chooses to install a COMS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this section, then the COMS must be installed at the outlet of the PM control device of the raw mill or finish mill and the COMS must be installed, maintained, E:\FR\FM\18JYP2.SGM 18JYP2 42408 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. (3) Performance tests on alkali bypass and coal mill stacks must be conducted using Method 25A in appendix A to 40 CFR part 60 and repeated annually. * * * * * (k) Mercury Monitoring Requirements. If you have a kiln subject to an emissions limitation on mercury emissions, you must install and operate a mercury continuous emissions monitoring system (Hg CEMS) in accordance with Performance Specification 12A (PS 12A) of appendix B to part 60 of this chapter or a sorbent trap-based integrated monitoring system in accordance with Performance Specification 12B (PS 12B) of appendix B to part 60 of this chapter. You must monitor mercury continuously according to paragraphs (k)(1) through (k)(5) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (1) You must use a span value for any Hg CEMS that represents the mercury concentration corresponding to approximately two times the emissions standard rounded up to the nearest multiple of 5 mg/m3 of total mercury. As specified in PS 12A, Section 6.1.1, the data recorder output range must include the full range of expected Hg concentration values which would include those expected during ‘‘mill off’’ conditions. (2) In order to quality assure data measured above the span value, you must use one of the options in paragraphs (k)(2)(i) through (k)(2)(iii) below. (i) Include a second span that encompasses the Hg emission concentrations expected to be encountered during ‘‘mill off’’ conditions. This second span may be rounded to a multiple of 5 mg/m3 of total mercury. The requirements of PS–12A, shall be followed for this second span with the exception that a RATA with the mill off is not required. (ii) Conduct an additional ‘above span’ daily calibration using a Hg reference gas standard at a concentration level between 50 and 85 percent of the highest hourly Hg concentration expected during ‘‘mill off’’ conditions. The ‘above span’ reference gas must meet the requirements of PS 12A, Section 7.1 and be introduced at the probe. The ‘above span’ calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. Record and report the results of this procedure as you would for a daily calibration. (iii) If you choose not to conduct an additional daily calibration, then quality assure any data above the span value established in paragraph (k)(1) of this section using the following procedure. Any time the one hour average measured concentration of Hg exceeds the span value you must, within 24 hours, introduce a higher, ‘above span’ Hg reference gas standard to the Hg CEMS. The ‘above span’ reference gas must meet the requirements of PS 12A, Section 7.1, must be of a concentration level greater than 80 percent of the highest hourly concentration measured during the period of measurements above span, and must be introduced at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘above span’ calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the Hg CEMS exceeds 20 percent of the certified value of the reference gas, then you must normalize the one-hour average stack gas values measured above the span during the 24-hour period preceding the ‘above span’ calibration for reporting based on the Hg CEMS response to the reference gas as follows: (3) You must operate and maintain each Hg CEMS or sorbent trap-based integrated monitoring system according to the quality assurance requirements in Procedure 5 of appendix F to part 60 of this chapter. (4) Relative accuracy testing of mercury monitoring systems under PS 12A, PS 12B, or Procedure 5 must be conducted at normal operating conditions with the raw mill on. (5) If you use a Hg CEMS or a sorbent trap-based integrated monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in paragraphs (n)(1) through (n)(10) of this section. If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through separate stacks, you must account for the mercury emitted from VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.012</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS2 calibrated, and operated as required by the general provisions in subpart A of this part and according to PS–1 of appendix B to part 60 of this chapter. (ii) If you choose to install a BLDS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10) and (m)(11) of this section apply. (g) * * * (1) You must install, calibrate, maintain, and continuously operate a CMS to record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to, or upstream of, the kiln and/or alkali bypass PMCDs. * * * * * (2) You must monitor and continuously record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to the kiln and/or alkali bypass PMCD. * * * * * (4) Calculate the rolling three-hour average temperature using the average of 180 successive one-minute average temperatures. See § 63.1349(b)(3). * * * * * (h) * * * (1) * * * (ii) Each hour, calculate the threehour rolling average activated carbon injection rate for the previous 3 hours of process operation. See § 63.1349(b)(3). * * * * * (i) * * * (1) You must install, operate, and maintain a THC continuous emission monitoring system in accordance with Performance Specification 8A of appendix B to part 60 of this chapter and comply with all of the requirements for continuous monitoring systems found in the general provisions, subpart A of this part. The owner or operator must operate and maintain each CEMS according to the quality assurance requirements in Procedure 1 of appendix F in part 60 of this chapter. (2) For sources equipped with an alkali bypass stack or that exhaust kiln mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules those stacks by following the procedures in (k)(5)(i) through (v) of this section: (i) You must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in paragraphs (n)(1) through (n)(10) of this section. (ii) Develop a mercury hourly mass emissions rate by conducting annual performance tests using Method 29 to measure the concentration of mercury in the gases exhausted from the alkali bypass and coal mill. (iii) On a continuous basis, determine the mass emissions of mercury in pounds per hour from the alkali bypass and coal mill exhausts by using the mercury hourly emissions rate and the continuously measured exhaust gas flow rates. (iv) Sum the hourly mercury emissions from the kiln, alkali bypass and coal mill to determine total mercury emissions. Using hourly clinker production, calculate the hourly emissions rate in pounds per ton of clinker to determine your 30 day rolling average. (v) If mercury emissions from the coal mill are below the method detection limit for two consecutive annual performance tests, you may reduce the frequency of the performance tests of coal mills to once every 30 months. If the measured mercury concentration exceeds the method detection limit, you must revert to testing annually until two consecutive annual tests are below the method detection limit. (6) If you operate an integrated sampling Hg CEMS conforming to PS 12B, you may use a monitoring period from 24 hours to 168 hours in length. You should use a monitoring period that is a multiple of 24 hours (except during relative accuracy testing as allowed in PS 12B). (l) HCl Monitoring Requirements. If you are subject to an emissions limitation on HCl emissions in § 63.1343, you must monitor HCl emissions continuously according to paragraph (l)(1) or (2) and paragraphs (m)(1) through (m)(4) of this section or, if your kiln is controlled using a wet or dry scrubber or tray tower, you alternatively may monitor SO2 emissions continuously according to paragraph (l)(3) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (1) If you monitor compliance with the HCl emissions limit by operating an VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 HCl CEMS, you must do so in accordance with Performance Specification 15 (PS 15) of appendix B to part 60 of this chapter, or, upon promulgation, in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter. You must operate, maintain, and quality assure an HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to part 60 of this chapter except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. If you install and operate an HCl CEMS in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter, you must operate, maintain and quality assure the HCl CEMS using the procedure of appendix F to part 60 of this chapter applicable to the performance specification. You must use Method 321 of appendix A to part 63 of this chapter as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in paragraphs (l)(1)(i) and (l)(1)(ii) below apply to HCl CEMS other than those installed and certified under PS 15. (i) You must use a span value for any HCl CEMS that represents the intended upper limit of the HCl concentration measurement range during normal ‘‘mill on’’ operation. The span value should be equivalent to approximately two times the emissions standard and it may be rounded to the nearest multiple of 5 ppm of HCl. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during ‘‘mill off’’ conditions. (ii) In order to quality assure data measured above the span value, you must use one of the two options in paragraphs (l)(1)(ii)(A) and (l)(1)(ii)(B) below. (A) Conduct an additional ‘above span’ daily calibration using a HCl reference gas standard at a concentration level between 50 and 85 percent of the highest hourly HCl concentration expected during ‘‘mill off’’ conditions. The ‘above span’ reference gas must meet the requirements of the applicable performance specification and be introduced at the probe. The ‘above span’ calibration is successful if the value measured by the HCl CEMS is PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 42409 within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (l)(1)(ii)(C) below. Record and report the results of this procedure as you would for a daily calibration. (B) If you choose not to conduct an additional calibration on a daily basis, then quality assure any data above the span value established in paragraph (l)(1)(i) of this section using the following procedure. Any time the average measured concentration of HCl exceeds or is expected to exceed the span value for greater than two hours you must, within a period 24 hours before or after the ‘above span’ period, introduce a higher, ‘above span’ HCl reference gas standard to the HCl CEMS. The ‘above span’ reference gas must meet the requirements of the applicable performance specification and be of a concentration level greater than or equal to 80 percent of the highest hourly concentration measured during the period of measurements above span, and must be introduced at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘above span’ calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (l)(1)(ii)(C) below. If the ‘above span’ calibration is conducted during the period when measured emissions are above span and there is a failure to collect the required minimum number of data points in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. (C) In the event that the ‘above span’ calibration is not successful (i.e., the HCl CEMS measured value is not within 20 percent of the certified value of the reference gas), then you must normalize the one-hour average stack gas values measured above the span during the 24hour period preceding or following the ‘above span’ calibration for reporting based on the HCl CEMS response to the reference gas as follows: E:\FR\FM\18JYP2.SGM 18JYP2 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules (2) Install, operate, and maintain a CMS to monitor wet scrubber or tray tower parameters, as specified in paragraphs (m)(5) and (m)(7) of this section, and dry scrubber, as specified in paragraph (m)(8) of this section. (3) If the source is equipped with a wet or dry scrubber or tray tower, and you choose to monitor SO2 emissions, monitor SO2 emissions continuously according to the requirements of § 60.63(e) through (f) of part 60 subpart F of this chapter. If SO2 levels increase above the 1 hour average SO2 operating limit established during your performance test, you must (i) As soon as possible but no later than 48 hours after you deviate from the established SO2 value conduct an inspection and take corrective action to return the SO2 emissions to within the operating limit; and (ii) Within 60 days of the deviation or at the time of the next compliance test, whichever comes first, conduct an HCl emissions compliance test to determine compliance with the HCl emissions limit and to verify or re-establish the SO2 CEMS operating limit. (m) Parameter Monitoring Requirements. If you have an operating limit that requires the use of a CMS, you must install, operate, and maintain each continuous parameter monitoring system (CMS) according to the procedures in paragraphs (m)(1) through (4) of this section by the compliance date specified in § 63.1351. You must also meet the applicable specific parameter monitoring requirements in paragraphs (m)(5) through (m)(11) that are applicable to you. * * * * * (7) * * * (i) Locate the pH sensor in a position that provides a representative measurement of wet scrubber or tray tower effluent pH. * * * * * (9) Mass Flow Rate (for Sorbent Injection) Monitoring Requirements. If you have an operating limit that requires the use of equipment to monitor sorbent injection rate (e.g., weigh belt, weigh hopper, or hopper flow measurement device), you must meet the requirements in paragraphs (m)(9)(i) through (iii) of this section. These requirements also apply to the sorbent injection equipment of a dry scrubber. * * * * * (10) Bag leak detection monitoring requirements. If you elect to use a fabric VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 filter bag leak detection system to comply with the requirements of this subpart, you must install, calibrate, maintain, and continuously operate a BLDS as specified in paragraphs (m)(10)(i) through (viii) of this section. (i) You must install and operate a BLDS for each exhaust stack of the fabric filter. (ii) Each BLDS must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer’s written specifications and recommendations and in accordance with the guidance provided in EPA–454/R–98–015, September 1997. (iii) The BLDS must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 or fewer milligrams per actual cubic meter. (iv) The BLDS sensor must provide output of relative or absolute PM loadings. (v) The BLDS must be equipped with a device to continuously record the output signal from the sensor. (vi) The BLDS must be equipped with an alarm system that will alert an operator automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located such that the alert is detected and recognized easily by an operator. (vii) For positive pressure fabric filter systems that do not duct all compartments of cells to a common stack, a BLDS must be installed in each baghouse compartment or cell. * * * * * (11) * * * (v) Cleaning the BLDS probe or otherwise repairing the BLDS; or * * * * * (n) Continuous Flow Rate Monitoring System. You must install, operate, calibrate, and maintain instruments, according to the requirements in paragraphs (n)(1) through (10) of this section, for continuously measuring and recording the stack gas flow rate to allow determination of the pollutant mass emissions rate to the atmosphere from sources subject to an emissions limitation that has a pounds per ton of clinker unit. * * * * * (3) [Reserved] * * * * * (o) Alternate Monitoring Requirements Approval. You may submit an application to the Administrator for approval of alternate monitoring requirements to demonstrate PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 compliance with the emission standards of this subpart, except for emission standards for THC, subject to the provisions of paragraphs (o)(1) through (o)(6) of this section. * * * * * (p) Development and Submittal (Upon Request) of Monitoring Plans. If you demonstrate compliance with any applicable emissions limit through performance stack testing or other emissions monitoring, you must develop a site-specific monitoring plan according to the requirements in paragraphs (p)(1) through (4) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under paragraph (o) of this section and § 63.8(f). If you use a BLDS, you must also meet the requirements specified in paragraph (p)(5) of this section. (1) For each CMS required in this section, you must develop, and submit to the permitting authority for approval upon request, a site-specific monitoring plan that addresses paragraphs (p)(1)(i) through (iii) of this section. You must submit this site-specific monitoring plan, if requested, at least 30 days before your initial performance evaluation of your CMS. * * * * * (2) In your site-specific monitoring plan, you must also address paragraphs (p)(2)(i) through (iii) of this section. * * * * * (5) BLDS Monitoring Plan. Each monitoring plan must describe the items in paragraphs (p)(5)(i) through (v) of this section. At a minimum, you must retain records related to the site-specific monitoring plan and information discussed in paragraphs (m)(1) through (4), (m)(10) and (m)(11) of this section for a period of 5 years, with at least the first 2 years on-site; * * * * * 21. Section 63.1351 is amended by: a. Revising paragraphs (c) and (d); and b. Adding paragraph (e). The revisions and addition read as follows: § 63.1351 Compliance dates. * * * * * (c) The compliance date for existing sources for all the requirements that become effective on [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register] will be September 9, 2015.]. E:\FR\FM\18JYP2.SGM 18JYP2 EP18JY12.013</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS2 42410 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules (d) The compliance date for new sources is May 6, 2009 or startup, whichever is later. (e) The compliance date for existing and new sources with the requirements for open clinker storage piles in § 63.1343(c) is [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register] or startup, whichever is later. 22. Section 63.1352 is amended by revising paragraph (b) to read as follows: § 63.1352 Additional test methods. * * * * * (b) Owners or operators conducting tests to determine the rates of emission of specific organic HAP from raw material dryers, and kilns at Portland cement manufacturing facilities, solely for use in applicability determinations under § 63.1340 of this subpart are permitted to use Method 320 of appendix A to this part, or Method 18 of appendix A to part 60 of this chapter. 23. Section 63.1353 is amended by adding paragraph (b)(6) to read as follows: § 63.1353 Notification Requirements. * * * * * (b) * * * (6) Within 48 hours of a deviation that triggers retesting to establish compliance and new operating limits, notify the appropriate permitting agency of the planned performance tests. The notification requirements of § 63.7(e) and 63.9(e) do not apply to retesting required for deviations under this subpart. * * * * * 24. Section 63.1354 is amended by: a. Removing and reserving paragraphs (b)(4) and (5); b. Revising paragraph (b)(9)(vi); c. Adding paragraph (b)(9)(vii); and d. Revising paragraph (c). The revisions, addition, and deletion read as follows: § 63.1354 Reporting requirements. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 * 18:36 Jul 17, 2012 Jkt 226001 § 63.1355 Recordkeeping requirements. * * * * * (b) * * * (9) * * * (vi) For each PM, HCl, Hg, and THC CEMS or Hg sorbent trap monitoring system, within 60 days after the reporting periods, you must submit reports to EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through EPA’s Central Data Exchange (CDX) (www.epa.gov/cdx). You must use the appropriate electronic reporting form in CEDRI or provide an alternate electronic file consistent with EPA’s reporting form output format. For VerDate Mar<15>2010 each reporting period, the reports must include all of the calculated 30operating day rolling average values derived from the CEMS or Hg sorbent trap monitoring systems. (vii) In response to each deviation from an emissions standard or established operating parameter limit, the date, duration and description of each deviation and the specific actions taken for each deviation including inspections, corrective actions and repeat performance tests and the results of those actions. * * * * * (c) Reporting deviations due to startup, shutdown or malfunctions. For each deviation from a standard or emission limit caused by a startup, shutdown, or malfunction at an affected source, you must report the deviation in the semi-annual compliance report required by 63.1354(b)(9). The report must contain the date, time and duration, and the cause of each event (including unknown cause, if applicable), and a sum of the number of events in the reporting period. The report must list for each event the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the emission limit for which the source failed to meet a standard, and a description of the method used to estimate the emissions. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1348(d), including actions taken to correct a malfunction. * * * * * 25. Section 63.1355 is amended by: a. Revising paragraphs (f) and (g)(1); and b. Adding paragraph (h). The revisions read as follows: * * * * (f) The date, time and duration of each startup or shutdown which causes the source to exceed any applicable emission limitation, and (f)(i) through (iii) of this section; (i) The date, time, and duration of each startup or shutdown period, for any affected source that is subject to an emission standard during startup or shutdown that differs from the emission standard applicable at other times. (ii) The quantity and type of raw feed and fuel used during the startup or shutdown period. (iii) An estimate of the volume of each regulated pollutant emitted over the PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 42411 emission limit during startup or shutdown, with a description of the method used to estimate emissions. (g)(1) The date, time and duration of each malfunction that causes an affected source to fail to meet an applicable standard; if there was also a monitoring malfunction, the date, time and duration of the monitoring malfunction; the record must list the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet a standard, and a description of the method used to estimate the emissions. * * * * * (h) For each deviation from an emissions standard or established operating parameter limit, you must keep records of the date, duration and description of each deviation and the specific actions taken for each deviation including inspections, corrective actions and repeat performance tests and the results of those actions. * * * * * 26. Section 63.1356 is amended by revising the section heading and the section text to read as follows: § 63.1356 Sources with multiple emissions limit or monitoring requirements. If an affected facility subject to this subpart has a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, the owner or operator of the affected facility must comply with the most stringent emissions limit or requirement and is exempt from the less stringent requirement. 27. Section 63.1357 is amended by: a. Revising paragraph (a)(1); and b. Revising paragraph (a)(2). The revisions read as follows: § 63.1357 Temporary, conditioned exemption from particulate matter and opacity standards. (a) * * * (1) Any PM and opacity standards of part 60 or part 63 of this chapter that are applicable to cement kilns and clinker coolers. (2) Any permit or other emissions or operating parameter or other limitation on workplace practices that are applicable to cement kilns and clinker coolers to ensure compliance with any PM and opacity standards of this part or part 60 of this chapter. * * * * * 28. Table 1 to Subpart LLL of Part 63 is revised by revising the entries for 63.6(e)(3), 63.7(b), and 63.9(e) to read as follows: E:\FR\FM\18JYP2.SGM 18JYP2 42412 Federal Register / Vol. 77, No. 138 / Wednesday, July 18, 2012 / Proposed Rules TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS Citation Requirement Applies to Subpart LLL Explanation * * 63.6(e)(3) ................................................ * * Startup, Shutdown Malfunction Plan ...... * No ..................... * * Startup and shutdown plans addressed in § 63.1347. * * 63.7(b) ..................................................... * * Notification period ................................... * Yes ................... * * Except for repeat performance test caused by a deviation. See § 63.1353(b)(6). * * 63.9(e) ..................................................... * * Notification of performance test ............. * Yes ................... * * Except for repeat performance test caused by a deviation. See § 63.1353(b)(6). * * * * * * [FR Doc. 2012–16166 Filed 7–17–12; 8:45 am] mstockstill on DSK4VPTVN1PROD with PROPOSALS2 BILLING CODE 6560–50–P VerDate Mar<15>2010 18:36 Jul 17, 2012 Jkt 226001 PO 00000 Frm 00046 Fmt 4701 Sfmt 9990 E:\FR\FM\18JYP2.SGM 18JYP2 *

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Proposed Rules]
[Pages 42367-42412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16166]

[[Page 42367]]

Vol. 77

Wednesday,

No. 138

July 18, 2012

Part II

Environmental Protection Agency

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40 CFR Parts 60 and 63

National Emission Standards for Hazardous Air Pollutants for the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants; Proposed Rule

Federal Register / Vol. 77 , No. 138 / Wednesday, July 18, 2012 /
Proposed Rules

[[Page 42368]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2011-0817; FRL-9692-9]
RIN 2060-AQ93

National Emission Standards for Hazardous Air Pollutants for the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules on reconsideration.

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SUMMARY: The EPA is proposing amendments to the National Emission
Standards for Hazardous Air Pollutants for the Portland cement industry
for Portland cement plants issued under sections 112(d) of the Clean
Air Act. Specifically, the EPA is proposing to amend the existing and
new source standards for particulate matter (PM). The EPA is also
proposing amendments with respect to issues on which it granted
reconsideration on May 17, 2011. In addition, the EPA is proposing
amendments to the new source performance standard for PM issued
pursuant to section 111(b) of the Clean Air Act. These proposed
amendments would promote flexibility, reduce costs, and ease compliance
burdens. EPA is also addressing the remand of the emission standards in
the NESHAP by the D.C. Circuit on December 9, 2011. Finally, the EPA is
proposing to extend the date for compliance with the existing source
national emission standards for hazardous air pollutants to September
9, 2015.

DATES: Comments must be received on or before August 17, 2012. Any
requests for a public hearing must be received by July 30, 2012. If the
EPA holds a public hearing, the EPA will keep the record of the hearing
open for thirty days after completion of the hearing to provide an
opportunity for submission of rebuttal and supplementary information.
Under the Paperwork Reduction Act, comments on the information
collection provisions are best assured of having full effect if the
Office of Management and Budget receives a copy of your comments on or
before August 17, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2011-0817, by one of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Agency Web site: https://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web site.
Email: a-and-r-docket@epa.gov. Include EPA-HQ-OAR-2011-
0817 in the subject line of the message.
Fax: Fax your comments to: (202) 566-9744, Attention
Docket ID Number EPA-HQ-OAR-2011-0817.
Mail: Send your comments to: The EPA Docket Center (EPA/
DC), Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, Attention: Docket ID
Number EPA-HQ-OAR-2011-0817. Please include a total of two copies. In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
the EPA, 725 17th Street NW., Washington, DC 20503.
Hand Delivery or Courier: In person or by courier, deliver
comments to the EPA Docket Center, EPA West (Air Docket), Room 3334,
1301 Constitution Ave. NW., Washington, DC 20460, Attention Docket ID
Number EPA-HQ-OAR-2011-0817. Such deliveries are only accepted during
the Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information. Please include two
copies.
Instructions: Direct your comments to Docket ID Number EPA-HQ-OAR-
2011-0817. The EPA policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided unless the comment includes information claimed to
be confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption and
be free of any defects or viruses. For additional information about the
EPA public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket. The EPA has established a docket for this rulemaking under
Docket ID Number EPA-HQ-OAR-2011-0817. All documents in the docket are
listed in the https://www.regulations.gov index. Although listed in the
index, some information is not publicly available (e.g., CBI or other
information whose disclosure is restricted by statute). Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-1742. Note that
information pertinent to the previous Portland cement rulemakings
discussed in this document is contained in dockets EPA-HQ-OAR-2002-0051
and EPA-HQ-OAR-2007-0877.
Public Hearing. If a public hearing is held, it will begin at 10:00
a.m. on August 2, 2012 and will be held at the EPA campus in Research
Triangle Park, North Carolina, or at an alternate facility nearby.
Persons interested in presenting oral testimony or inquiring as to
whether a public hearing is to be held should contact Ms. Pamela
Garrett, Office of Air Quality Planning and Standards, Sector Policies
and Programs Division, Metals and Minerals Group (D243-01), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; email: garrett.pamela@epa.gov; telephone number: (919) 541-7966.
Persons interested in presenting oral testimony or inquiring as to
whether a public hearing is to be held should contact Ms. Garrett at
least 2 days in advance of the potential date of the public hearing.

[[Page 42369]]

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Office of Air
Quality Planning and Standards; Sector Policies and Programs Division,
Minerals and Manufacturing Group (D243-04); Environmental Protection
Agency; Research Triangle Park, NC 27111; telephone number: (919) 541-
2825; fax number: (919) 541-5450; email address: nizich.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:

I. General Information
A. Executive Summary
B. Does this action apply to me?
C. What should I consider as I prepare my comments to the EPA?
D. Where can I get a copy of this document?
II. Background Information
A. What is the statutory authority for these proposed
amendments?
B. What actions preceded this proposed rule?
III. Description of Proposed Amendments to Subpart LLL and Subpart F
A. Reconsideration of Standards
B. Mercury Standard
C. THC Standard
D. Proposed Amendments to Existing Source and New Source
Standards for PM Under Section 112(d) and 111(b)
E. Summary of Proposed Standards Resulting From Reconsideration
F. Standards for Fugitive Emissions From Clinker Storage Piles
G. Affirmative Defense to Civil Penalties for Exceedances
Occurring During Malfunctions
H. Continuously Monitored Parameters for Alternative Organic HAP
Standard (With THC Monitoring Parameter)
I. Allowing Sources With Dry Caustic Scrubbers to Comply With
HCl Standard Using Performance Tests
J. Alternative PM Limit
K. Standards During Startup and Shutdown
L. Coal Mills
M. PM Standard for Modified Sources Under the NSPS
N. Proposed NESHAP Compliance Date Extension for Existing
Sources
O. Eligibility to be a New Source
IV. Other Proposed Testing and Monitoring Revisions
V. Other Changes and Areas Where We Are Requesting Comment
VI. Summary of Cost, Environmental, Energy and Economic Impacts of
Proposed Amendments
A. What are the affected sources?
B. How are the impacts for this proposal evaluated?
C. What are the air quality impacts?
D. What are the water quality impacts?
E. What are the solid waste impacts?
F. What are the secondary impacts?
G. What are the energy impacts?
H. What are the cost impacts?
I. What are the health effects of these pollutants?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Executive Summary

The EPA is proposing amendments to the emissions standards for
hazardous air pollutants (HAP) and to the performance standards for
Portland cement plants. These proposed amendments respond to petitions
for reconsideration filed by the Portland cement industry and to a
decision by the United States Court of Appeals for the District of
Columbia Circuit (D.C. Circuit). These amendments, which are consistent
with the CAA, if adopted, will also provide less costly compliance
options and compliance flexibilities, and thereby result in cost
savings for the Portland cement industry. This result would also be
consistent with Executive Order 13563. The proposed amendments include
a new compliance date for the PM, mercury, HCl, and THC existing source
standards.
(1) Purpose of the Regulatory Action
a. Need for the Regulatory Action. The EPA is proposing amendments
to the national emission standards for hazardous air pollutants
(NESHAP) for the Portland cement source category and to the new source
performance standards (NSPS) for Portland cement plants issued under
sections 112(d) and 111(b) of the Clean Air Act (CAA). Section 112 of
the CAA establishes a regulatory process to address emissions of HAP
from stationary sources. After the EPA identifies categories of sources
emitting one or more of the HAP listed in section 112(b) of the CAA,
section 112(d) requires the EPA to promulgate technology-based NESHAP
for those sources. Section 111 of the CAA requires that NSPS reflect
the application of the best system of emission reductions achievable
which, taking into consideration the cost of achieving such emission
reductions, and any non-air quality health and environmental impact and
energy requirements, the Administrator determines has been adequately
demonstrated.
This proposal addresses the remand by the D.C. Circuit in Portland
Cement Ass'n v. EPA, 665 F. 3d 177 (D.C. Cir. 2011). In that case, the
court upheld all of the EPA's methodology for establishing the Portland
cement NESHAP, denied all petitions for review challenging the NSPS,
but also held that the EPA had arbitrarily denied reconsideration of
the NESHAP to take into account the effect of the EPA's Nonhazardous
Secondary Materials (NHSM) rule on the standards. The NHSM rule, issued
after the NESHAP was promulgated, had the effect of reclassifying some
cement kilns as commercial and industrial solid waste incinerators
(CISWI) and thus could have an effect on the standards.
The proposal also addresses technical issues with respect to the
standard for PM in both the NESHAP and the NSPS that have emerged since
these rules' promulgation. We are proposing to amend the standard for
PM, and also proposing to amend various implementation requirements in
a way that would provide more compliance flexibilities. In addition,
the proposal addresses the issues on which the EPA previously granted
reconsideration.
b. Legal Authority for the Regulatory Action. These proposed
amendments implement sections 112(d) and 111(b) of the CAA.
(2) Summary of Major Proposed Provisions
a. PM (PM) Emission Standards. The EPA is proposing changes to the
emission standards for PM that potentially make available compliance
alternatives unavailable under the promulgated existing source
standards. The promulgated rule requires compliance to be demonstrated
using a Continuous Emission Monitoring System (CEMS) (see section
63.1348 (75 FR 55056)). Based on the information the EPA now has, we
believe that it may be problematic for a PM CEMS to meet the mandated
Performance Specification 11 (PS 11) correlation requirements complying
with the promulgated PM standards. (See section III.D.) As a
consequence, the EPA is proposing to amend the existing and new source
PM standards in the NESHAP to require manual stack testing in lieu of
PM CEMS for compliance determinations. An additional consequence of
this

[[Page 42370]]

proposed change of compliance measurement methods is that the EPA is
proposing to change the averaging time and numeric emissions value of
those standards. The EPA is proposing amended PM standards under the
NESHAP for existing sources of 0.07 pounds per ton (lb/ton) clinker
based on manual stack testing, (from 0.04 lb/ton in the 2010 rule, 30-
day average with a PM CEMS) and 0.02 lb/ton clinker for new sources
based on stack testing (from 0.01 lb/ton in the 2010 rule, 30-day
average with a PM CEMS). The EPA is proposing amended PM standards
under the NSPS for modified sources of 0.07 lb/ton clinker based on
manual stack testing, (from 0.01 lb/ton in the 2010 rule, 30-day
average with a PM CEMS) and 0.02 lb/ton clinker for new and
reconstructed sources based on stack testing (from 0.01 lb/ton in the
2010 rule, 30-day average with a PM CEMS). The EPA is further proposing
that a site-specific parametric operating limit be established, that
there be continuous monitoring of that parametric limit using a PM
CPMS, that an exceedance of that site-specific operating limit be
reported as a deviation, triggering corrective action including
conducting a Method 5 performance test within 45 days. Further,
multiple deviations from the parametric limit can constitute a
violation of the emissions standard.
b. Response to Remand. Consistent with the court's remand, the EPA
has removed all the CISWI kilns from the database used to set the 2010
existing source standards for PM, mercury, hydrochloric acid and total
hydrocarbons (THC). The EPA then recalculated existing source floors
for each of these pollutants, and determined what standards to propose
in light of that analysis. This analysis informed the level of the
proposed standards for PM just discussed. The resulting standards are
discussed immediately below.
c. Other Emissions Standards. The EPA is not proposing any changes
to the existing source standards for mercury, total THC or hydrogen
chloride (HCl). The reasons are set out in sections III A, B and C
below.
With respect to new source standards, under section 112(d)(3) of
the CAA, new source floors can be based on the performance of the
``best controlled similar source.'' A CISWI cement kiln is a similar
source for purposes of this provision. The EPA, therefore, is not
proposing to amend any of the new source floors or standards for
mercury, THC or HCl where the best performing source in the database
used to set the standards was a CISWI cement kiln.
The EPA is also proposing to amend the alternative standard for
organic HAP, whereby organic HAP are measured directly. To avoid a
situation where the alternative organic standard level is lower than
the practical quantitation limit of the relevant analytic methods, the
EPA is proposing to increase the alternative organic HAP standard from
9 parts per million (ppm) to 12 ppm. See additional discussion in
section III.H below.
d. Standards during Startup and Shutdown. In the final 2010 NESHAP,
the EPA established specific numerical standards for startup and
shutdown for each pollutant to be measured using a CEMS over an
accumulative 7-day rolling average. Because raw materials (the source
of most cement kiln air emissions) are not introduced into cement kilns
during startup and shutdown, cement kilns' emissions during these
periods should be appreciably lower than the level of the standards.
The EPA is, therefore, proposing that sources monitor compliance with
these standards via recordkeeping.
e. Proposed Compliance Dates. The EPA is proposing that the
compliance date for all existing source standards including standards
for PM, mercury, HCl and THC, clinker piles and the standards for
startup and shutdown be extended to September 9, 2015. The EPA believes
that the proposed change to the PM standard makes possible compliance
alternatives unavailable under the promulgated existing source
standards) and that an extension until September 9, 2015, is the period
in which these new compliance strategies can be implemented most
expeditiously.
f. The EPA is also taking action on the remaining issues on which
it granted reconsideration on May 17, 2011.
(3) Costs and Benefits
The following table 1 summarizes the costs and emissions reductions
of this proposed action.

Table 1--Costs and Emissions Reductions of Proposed Amendments Relative to the 2010 Rule \a\ \b\ \c\ \d\ \e\
----------------------------------------------------------------------------------------------------------------
Proposed amendment Capital cost Annualized cost Emissions reduction
----------------------------------------------------------------------------------------------------------------
Revised PM standard......................... -$18,640,106 -$4,200,000 -135 tons/yr (emissions
increase).
Replace PM CEMS with PM CPMS................ 0 -7,980,000 0
-------------------------------------------------------------------
Total................................... -18,640,106 -12,180,000
----------------------------------------------------------------------------------------------------------------
\a\ See section III below for further discussion of impacts of the proposed amendments.
\b\ Negative numbers indicate cost savings or emissions increase. All costs are in 2005 dollars.
\c\ We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation
that will allow them to demonstrate compliance during periods of startup and shutdown.
\d\ Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015.
\e\ Full compliance costs will not occur until September 9, 2015.

The cost information in Table 1 is in 2005 dollars at a discount
rate of 7 percent. The net change in annualized costs in 2015 is a
$12.2 million savings compared to the 2010 rule. The EPA did not have
sufficient information to quantify the overall change in benefits or
costs for 2013 to 2015 that might arise due to the proposed change in
compliance dates.
4. Summary of Proposed Standards
The following Table 2 shows the proposed standards.

Table 2--Proposed Existing and New Source Standards
------------------------------------------------------------------------
Existing source
Pollutant standard New source standard
------------------------------------------------------------------------
Mercury..................... 55 lb/MM tons 21 lb/MM tons
clinker. clinker.
THC......................... 24 ppmvd............ 24 ppmvd.

[[Page 42371]]

PM.......................... 0.07 lb/ton clinker 0.02 lb/ton clinker
(3-run test (3-run test
average). average).
HCl......................... 3 ppmvd............. 3 ppmvd.
Organic HAP (alternative to 12 ppmvd............ 12 ppmvd.
Total Hydrocarbon).
------------------------------------------------------------------------

B. Does this action apply to me?

Categories and entities potentially regulated by this final rule
include:

------------------------------------------------------------------------
NAICS Code Examples of regulated
Category \1\ entities
------------------------------------------------------------------------
Industry......................... 327310 Portland cement
manufacturing plants.
Federal government............... ........... Not affected.
State/local/tribal government.... ........... Portland cement
manufacturing plants.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility will be regulated by this
action, you should examine the applicability criteria in 40 CFR 60.60
(subpart F) or in 40 CFR 63.1340 (subpart LLL). If you have any
questions regarding the applicability of this final action to a
particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

C. What should I consider as I prepare my comments to the EPA?

Submitting CBI
Do not submit information containing CBI to the EPA through https://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. Send or deliver information identified as CBI
only to the following address: Roberto Morales, OAQPS Document Control
Officer (C404-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, Attention Docket ID Number EPA-HQ-OAR-2011-0817.

D. Where can I get a copy of this document?

In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web (WWW)
through the EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of this proposed action will
be posted on the TTN's policy and guidance page for newly proposed or
promulgated rules at the following address: https://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various
areas of air pollution control.

II. Background Information

A. What is the statutory authority for these proposed amendments?

Section 112 of the CAA establishes a regulatory process to address
emissions of HAP from stationary sources. After the EPA has identified
categories of sources emitting one or more of the HAP listed in section
112(b) of the CAA, section 112(d) requires us to promulgate NESHAP for
those sources. For ``major sources'' that emit or have the potential to
emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more
of a combination of HAP, these technology-based standards must reflect
the maximum reductions of HAP achievable (after considering cost,
energy requirements and non-air quality health and environmental
impacts) and are commonly referred to as maximum achievable control
technology (MACT) standards.
The statute specifies certain minimum stringency requirements for
MACT standards, which are referred to as ``floor'' requirements. See
CAA section 112(d)(3). Specifically, for new sources, the MACT floor
cannot be less stringent than the emission control that is achieved in
practice by the best controlled similar source. The MACT standards for
existing sources can be less stringent than standards for new sources,
but they cannot be less stringent than the average emission limitation
achieved by the best-performing 12 percent of existing sources (for
which the Administrator has emissions information) in the category or
subcategory (or the best-performing five sources for categories or
subcategories with fewer than 30 sources.
In developing MACT, we must also consider control options that are
more stringent than the floor. We may establish standards more
stringent than the floor based on the consideration of the cost of
achieving the emissions reductions, any non-air quality health and
environmental impacts, and energy requirements. See CAA section
112(d)(2).\1\
---------------------------------------------------------------------------

\1\ Section 112(d)(7) states that ``[n]o other emission standard
* * * under this section shall be interpreted, construed or applied
to diminish or replace the requirements of a more stringent emission
limitation or other applicable requirement established pursuant to
section 7411 of this title, part C or D of this subchapter, or other
authority of this chapter or a standard issued under State
authority.'' This provision indicates that a section 112(d) standard
does not ``trump'' any standard established under other authority
which is more stringent. Section 112(d)(7) does not bar the EPA from
amending section 112(d) standards to correct technical deficiencies.
---------------------------------------------------------------------------

Section 111(b) requires the EPA to set standards for emissions that
``reflect the

[[Page 42372]]

degree of emission limitation achievable through the application of the
best system of emission reduction.'' See CAA section 111(a)(1). In
contrast to the NESHAP floor setting process, NSPS requires the EPA to
take into account the ``cost of achieving'' emissions reductions, as
well as health, environmental, and energy considerations. Id.

B. What actions preceded this proposed rule?

The history of this proposed rule, commencing with the 1999
standards and proceeding through the amendments issued in September
2009, is set out in detail in 75 FR 54970 (Sept 9, 2010). Various
parties filed petitions for reconsideration of aspects of those
amendments. On May 17, 2011, the EPA granted reconsideration of various
issues, and denied the petitions to reconsider as to the remaining
issues. See 76 FR 28318 (May 17, 2011). On December 9, 2011, the D.C.
Circuit issued an opinion upholding the NESHAP itself (as well as the
section 111 NSPS), but found that the EPA had arbitrarily failed to
grant reconsideration to consider the effect of the EPA's NHSM rule on
the standards (76 FR 15456 (March 21, 2011)), which rule had the effect
of reclassifying some cement kilns as commercial and solid waste
incinerators. See Portland Cement Ass'n v. EPA, 665 F. 3d 177, 186-189
(D.C. Cir. 2011). That court did not stay the standards for PM,
mercury, HCl or THC, but did stay the standard for clinker piles
pending the conclusion of the reconsideration process. See 665 F. 3d at
194.
In this action, the EPA is responding to the court's remand. For
existing sources, the EPA is doing so by removing all kilns classified
as commercial and industrial solid waste incinerators from the data
used to establish the 2010 NESHAP standards. The EPA is then
recalculating each of the floors based on this revised dataset and
making beyond-the-floor determinations based on the recalculated
floors. The EPA believes that this approach is fully responsive to the
court's remand. See 665 F. 3d at 188 where the court referred favorably
to this type of recalculation. For new sources, the EPA is basing
floors on the performance of the best performing similar source.

III. Description of Proposed Amendments to Subpart LLL and Subpart F

A. Reconsideration of Standards

As just noted, in Portland Cement Association v. EPA, the D.C.
Circuit upheld all of the EPA's methodology for establishing the
Portland cement NESHAP, but remanded the standards so that the EPA
could account for the effects of the EPA's NHSM rule. This rule,
adopted after promulgation of the Portland cement NESHAP, had the
effect of reclassifying certain cement kilns as commercial and
industrial incinerators because they combust ``solid waste'' as defined
by that rule. See 665 F. 3d at 185-189.
Applying that definition, the EPA has determined that there are 24
cement kilns which combust solid waste. See 76 FR 28322 and Memorandum
``Combustion in a Cement Kiln and Cement Kilns' Use of Tires as Fuel''
(April 25, 2011) (``April 25 memorandum''); see also 76 FR 80452 (Dec.
23, 2011) where the EPA identified 23 of the 24 kilns as commercial
incinerators as were identified in the April 25 memorandum. The 24th
kiln was identified as a CISWI kiln after development of the April 25,
2011, memorandum, but the addition of this kiln did not affect the
calculations contained in the May 17, 2011 notice (CISWI Data Revisions
since Reconsideration Proposal, docket EPA-HQ-OAR-2003-0119). Although
the EPA has proposed to reconsider certain narrow aspects of the NHSM
rule, see 76 FR 80598 (Dec. 23, 2011), this count remains unchanged by
any of the issues being considered in the reconsideration of the NHSM
rule. This is because either the types of secondary materials being
addressed in that reconsideration are not combusted by cement kilns or
the EPA has already accounted for those materials in its April 25
memorandum analysis. See 76 FR 28319 (May 17, 2011). Specifically, in
the NHSM reconsideration proposal, the EPA proposed to clarify that
clean cellulosic biomass and clean construction and demolition wood are
not solid wastes when burned for energy recovery and that unused, off-
specification tires are not wastes when burned for energy recovery. The
EPA's analysis underlying its April 25, 2011, memorandum already
reflects that these non-hazardous secondary materials are not wastes
when burned by cement kilns for energy recovery. The EPA expects the
reconsideration of the NHSM rule to be completed before taking final
action on this proposed rule and the EPA will account for any changes
resulting from the reconsidered final NHSM rule when it takes final
action here.\2\
---------------------------------------------------------------------------

\2\ The EPA has also conducted a bounding analysis of potential
floors by removing from the data base all cement kilns that burn any
type of secondary material for energy recovery (so that there is no
possibility that any CISWI kiln is in the bounding analysis
database). Under this analysis, the existing source section 112
floor for HCl was unchanged, the existing source floor for PM was
essentially unchanged, the existing source floor for THC becomes
more stringent (as in the April 25, 2011, analysis), and the
existing source mercury floor increases from 55 lb/MM ton clinker to
66 lb/MM ton clinker. However, even in this case, a beyond-the-floor
mercury limit of 55 lb/MM tons clinker would be cost effective and
the EPA would propose the same standards as under this proposal if
this bounding analysis were used in place of the analysis described
in the text. The EPA, thus, does not believe that the precise count
of CISWI kilns will affect the outcome of this rulemaking. See
Bounding Analysis for Portland Cement MACT Floors, May 14, 2012.
---------------------------------------------------------------------------

1. Existing Source Floors. We removed the 24 CISWI kilns from the
database used to establish existing source standards and recalculated
floors for existing sources. Under this analysis, the existing source
floor for mercury increased from 55 lb/million (MM) tons clinker to 58
lb/MM tons clinker, the existing source floor for PM increased from
0.04 lb/ton clinker to 0.05 lb/ton clinker, the existing source floor
for THC decreased to 15 parts per million by volume, dry (ppmvd), and
the existing source floor for HCl stayed the same at 3 ppmvd.
As explained in section B below, the EPA is proposing to establish
a beyond the floor standard for mercury of 55 lb/MM tons clinker.
Moreover, for reasons independent of this analysis, the EPA is
proposing to amend the existing and new source NESHAP for PM. See
section D below. The EPA is not proposing to amend the HCl standard or
the THC standard.
2. New Source Standards. With respect to new source standards, the
EPA does not believe that any reclassification and reanalysis is
necessary under the court's opinion. New source floors can be based on
the performance of ``the best controlled similar source'', as opposed
to existing source floors which must reflect performance of sources
``in the category or subcategory''. See CAA section 112(d)(3) and
(d)(3)(A). A CISWI cement kiln is similar to a non-CISWI cement kiln
since the device is a cement kiln. Equally important, burning secondary
materials for energy recovery does not significantly alter a cement
kiln's HAP emission profile. See 76 FR 28320 (May 17, 2011)
(documenting both the basis for this conclusion and the cement
industry's agreement with it).\3\ \4\
---------------------------------------------------------------------------

\3\ The EPA is thus not reopening the new source standards (with
the exception of the PM standard, which the EPA is proposing to
amend). We will take comment on whether CISWI cement kilns can be
considered a ``similar source'' under section 112(d)(3) and whether
retention of the 2010 new source standards on this basis is
consistent with the D.C. Circuit's opinion. The EPA will not
consider comments challenging the data and methodology for the new
source standards since these are unchanged from the 2010 rule and
the EPA is not reexamining any of these issues.
\4\ If the EPA were to reconsider the new source standards by
removing the 24 CISWI kilns from the database, then the mercury new
source floor increased from 21 to 24 lb/MM tons clinker, the THC new
source floor decreased from 24 to 11 parts per million by volume dry
(ppmvd), and the PM and HCl new source floor stayed the same at 0.01
lb/ton clinker and 3 ppmvd, respectively (see Memorandum, Revised
Portland Cement NESHAP with CISWI kilns removed, March 21, 2011).
However, as explained in the text, because CISWI cement kilns are
``similar sources'' for purposes of establishing NESHAP new source
standards, the EPA is not relying on this analysis here.

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[[Page 42373]]

B. Mercury Standard

1. New Source Standard. As explained above, the new source standard
is based on the performance of the best performing similar source.
2. Existing Source Standard. As noted above, the recalculated
existing source floor is 58 lb/MM tons clinker produced. The EPA is
proposing a beyond-the-floor standard of 55 lb/MM ton clinker produced,
the level of the 2010 final standard. As described below, the only
difference in cost between the two levels is the incremental cost of
removing slightly more mercury, which is estimated at $2,000/lb of
mercury removed. This is because the control equipment needed for
mercury would not alter, would not need to be sized differently, and
would need to perform on average nearly identically at either a 55 lb/
MM tons clinker or a 58 lb/MM tons clinker level. That is, in planning
compliance, kilns would calibrate to achieve an average performance of
34.1 lb/MM tons clinker for a standard of 58 lb/MM tons clinker, and
31.7 for a standard of 55 lb/MM tons clinker, which translates to an
additional reduction of 2.4 lb/MM tons of clinker per year. This
equates to an estimated 180 pounds of nationwide mercury emissions per
year, incremental to the recalculated floor. To achieve this additional
reduction, we estimated an additional cost of approximately $355,000
for the industry, the cost of purchasing additional carbon injection
materials. This equates to a cost-effectiveness of $2,000/lb of mercury
reduction per year. This is the incremental cost of going from the
recalculated floor of 58 lb/MM tons clinker to the proposed 55 lb/MM
tons clinker. Because this is the same level as the 2010 rule, there
are no incremental costs or emissions impacts when compared to the 2010
rule. See section 8.2, Portland Cement Reconsideration Technical
Support Document. Moreover, this reduction is highly cost-effective. A
cost effectiveness value of $2,000/lb. mercury is considerably less
than values the EPA have found to be cost effective for removal of
mercury in other air toxics rules. For example, in the National
Emission Standards for Hazardous Air Pollutants: Mercury Emissions from
Mercury Cell Chlor-Alkali Plants, the cost effectiveness was found to
be between $13,000 to $31,000 per pound for the individual facilities
(see Supplemental proposed rule, 76 FR 13858 (March 14, 2011)). The EPA
also does not see any adverse energy or non-air quality health or
environmental consequences of a 55 lb/MM tons clinker beyond-the-floor
standard.
We are not proposing a beyond the floor level below 55 lb/MM tons
clinker for the same reasons given in the 2010 final rule--in
particular the possibility that a lower standard could force some kilns
to find alternative sources of limestone, at enormous cost and
disruption. See 75 FR 54980 (September 9, 2010).

C. THC Standard

The THC data for the 2010 standard consist of CEMS data for 15
kilns. After removing the four CISWI kilns, nine kilns remain. Thus,
the MACT floor kilns consisted of 12 percent of these nine kilns, or
two kilns. The top two kilns were Suwannee and Holcim. As explained
above, when CISWI sources are removed from the database for the 2010
standards, the existing source floor for THC becomes more stringent
from 24 ppmvd to 15 ppmvd, and the new source standard would drop from
24 ppmvd to 11 ppmvd. This change results from removing from the
database a CISWI cement kiln (the Lehigh Union Bridge kiln) with the
lowest daily average performance but with more associated variability
than the other kilns with the next highest daily average performance.
See also 76 FR 28322 (May 17, 2011) n. 11 and 665 F. 3d at 188.
However, notwithstanding this calculation, the EPA is not proposing to
reduce the level of either the new source or the existing source THC
standard.
1. New Source Standard. As just explained, the new source standard
can be based on performance of a ``best controlled similar source'', so
there is no reason under the statute or the court's remand to amend the
new source THC standard. The standard is also technically appropriate.
See 75 FR 54981 (September 9, 2010) (explaining basis for the THC new
source standard, which discussion is summarized below for the readers'
convenience). Removing the CISWI Union Bridge kiln as the best
performing new source would leave the Suwannee kiln as the lowest
emitter based on its daily average THC emissions. See Portland Cement
Reconsideration Technical Support Document (TSD), section 8.4, which is
available in this rulemaking docket. This kiln has higher average
emissions than the Union Bridge kiln (that is, its daily average
emissions are higher than the Union Bridge kiln). This kiln thus emits
more THC than the Union Bridge kiln, so the EPA identified the kiln
emitting less THC on average--the Union Bridge kiln--to be the best
performer. The Suwannee kiln has less measured variability than the
Union Bridge kiln, but also has hundreds of fewer observations. For
this reason, the EPA considered the Union Bridge kiln to be more
representative of variability, and used its 99th percentile performance
as the measure of performance of the best performing similar source in
establishing the new source standard. See 75 FR 54981 (September 9,
2010).\5\
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\5\ For purposes of comparing the relative variability of the
THC CEMS data for each of the kilns in our THC data set, we used the
ratio of the 99th percentile for each kiln divided by its daily
average. A ratio of 1.0 indicates no variability. As the ratio
increases, variability increases. See Portland Cement
Reconsideration TSD, section 8.4, which is available in this
rulemaking docket.
---------------------------------------------------------------------------

2. Under the calculation described above, the existing source floor
would be reduced from 24 ppmvd to 15 ppmvd. Subject to any comments the
EPA receives on this proposed action, the EPA believes that such a
floor level would not be technically appropriate. It omits the
variability of the similar source with the best average performance for
THC (the Union Bridge kiln), and so may not be fully representative of
variability of best performing sources. As noted above, cement kiln HAP
emissions are not appreciably affected by burning secondary materials
for energy recovery so the Union Bridge's variability is representative
of cement kiln variability. In addition, as noted above, the number of
daily observations for the Union Bridge kiln is among the most robust
in the database, containing over 3 times the number of observations as
the next best performing cement kiln. Thus, there is a ``demonstrated
relationship'' between the variability of the Union Bridge kiln and the
variability of the best performing sources in the existing source floor
pool. Sierra Club v. EPA, 479 F. 3d 875, 882 (D.C. Cir. 2007). The EPA
consequently believes it is technically justified to consider the

[[Page 42374]]

Union Bridge kiln's variability in estimating the variability of the
best performing cement kilns for THC emissions.
If the variability of the Union Bridge kiln is included along with
the variability of the two best performing cement kilns, and applied to
the two best performing cement kilns' performance, the floor would be
24 ppm, which the EPA is proposing as a floor. See Portland Cement
Reconsideration TSD, section 8.4. This is the level of the 2010
standard.
3. Beyond the floor standards. The EPA is not proposing a beyond
the floor THC standard for existing cement kiln sources. The reasons
given in the rulemaking remain valid. See 75 54983 (September 9, 2010);
74 FR 21153 (May 6, 2009). We especially note that a more stringent
standard for THC would force the increased use of energy-intense
control technologies like regenerative thermal oxidizers (RTO) which
have negative environmental implications, notably increased emission of
carbon dioxide (CO2) and other greenhouse gases, as well as
increased emissions of nitrogen oxide (NOX), carbon
monoxide, sulfur dioxide (SO2) and PM10. See 74
FR 21153 (May 6, 2009).\6\ These devices are also extremely costly and
not cost-effective. See 74 FR 21153 (May 6, 2009). For a description of
the costs, energy requirements and environmental impacts of RTO, see
Summary of Environmental and Cost Impacts for Final Portland Cement
NESHAP and NSPS, August 6, 2010, docket no. EPA-HQ-OAR-2002-0051-3438.
For all these reasons, the EPA does not consider a beyond-the-floor
standard for THC to be justified under section 112(d)(2). Consequently,
the EPA is not proposing a beyond-the-floor standard for THC for
existing sources.\7\
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\6\ The EPA estimates that each thermal oxidizer emits an added
increment of 0.02 tons of CO2 for each ton of clinker
produced. A typical kiln producing 1.2 million tons of clinker per
year and controlled by an RTO would emit an additional 24,000 tons
of CO2 per year. See RTO Secondary Impacts, May 16, 2012,
in this rulemaking docket.
\7\ The EPA is also proposing to amend the alternative standard
for organic HAP under which organic HAP is measured directly. See
section I below.
---------------------------------------------------------------------------

D. Proposed Amendments to Existing Source and New Source Standards for
PM Under Section 112(d) and 111(b)

Based largely on developments which have occurred after the EPA
granted reconsideration on certain aspects of the NESHAP \8\, the EPA
is proposing revisions to the testing and monitoring methods used to
demonstrate continuous compliance with the existing and new source PM
emissions standards and is proposing changes to the averaging time,
level, and compliance demonstration for those standards. The EPA has
also removed all CISWI kilns from the data base used to establish the
standards for PM and used this revised data base in determining the
level of the standard, consistent with the court's remand. We explain
these proposed changes below.
---------------------------------------------------------------------------

\8\ On November 15, 2011, Holcim (US) Inc., a domestic cement
company, submitted a petition for reconsideration to the EPA
requesting that the EPA reconsider and stay the NESHAP PM standard.
The basis for the petition was CEMS data for PM from four of
Holcim's kilns (some of which are either waste-burning or hazardous
waste burning). Petition pp. 5-6. This information was collected
commencing in January 2011. Since the information in the petition
was gathered outside the time period mandated by section
307(d)(7)(B) of the Act--even assuming it was impractical to raise
the objection during the public comment period, the grounds arose
outside the time period for judicial review which ended in November
2010. Thus, the EPA believes that it is not compelled to grant this
petition. Moreover, as discussed in the text below, because the EPA
is proposing to no longer use a CEMS-based regime for the PM
standard, the Holcim information is no longer of direct relevance in
setting the level of the PM standard. A further issue with the data
is that they were not obtained using CEMS calibrated according to
PS-11, the protocol specified in the rule. Accordingly, the EPA is
not basing its proposal of a revised PM standard on these data. The
EPA is not, however, taking final action on the Holcim petition at
this time, but intends to do so in conjunction with the issuance of
the final reconsideration rule.
On January 17 2012, LaFarge Cement submitted a petition for
reconsideration containing no new data or information but arguing
that the Holcim petition justified reconsideration of the standards.
The EPA believes that this petition is subsumed by the Holcim
petition.
---------------------------------------------------------------------------

In comments to the 2009 proposal, industry commenters maintained
that there were several problems with implementing the monitoring
requirements to demonstrate compliance using a PM CEMS and with the
requirements to conduct a periodic audit of the PM CEMS in accordance
with Performance Specification (PS) 11 of appendix B and Procedure 2 of
appendix F to part 60. The EPA responded to these comments in the 2010
final rule. See 75 FR 55007 (September 9, 2010); NESHAP Response to
Comment Document pp. 163-166. Since that time, the Portland cement
industry has identified further technical issues associated with the
current PM CEMS technology in satisfying PS 11 correlation requirements
that have emerged as the industry has attempted to develop a CEMS-based
compliance strategy for PM pursuant to the 2010 NESHAP.
1. PS 11. The EPA has continued to review the application of PM
CEMS in relation to the procedures and acceptance criteria of PS 11,
the protocol mandated by the promulgated rule. See section
63.1350(b)(1). PS 11 is structured differently than other PS that apply
to validating the performance of gaseous pollutant CEMS. This is
primarily because the pollutant, PM, is defined entirely by the test
method specified by regulation to measure it. As the industry
commenters note, there are no independent standard reference materials
for PM concentrations as there are for gaseous pollutants (e.g., NIST
traceable compressed gases for validating SO2 or
NOX instrumental measurements). The only reference standard
for determining the PM concentration in an air or stack gas sample is
the reference test method. In the case of the Portland cement NESHAP
(and NSPS), the rule specifies the EPA Method 5 for measuring
filterable PM concentration or mass rate (e.g., in mg/dscm or lb/hr).
PS 11 provides procedures and acceptance criteria for validating
the performance of several types of PM CEMS technologies. Although
there are multiple instrument and data reporting operational
performance checks in PS 11 that are similar in concept to those for
gaseous pollutant CEMS, there is the principal PM CEMS performance
requirement that is distinctly different. That requirement is the
development of a site-specific PM CEMS correlation or mathematical
response curve. There is a key procedural element to developing that
correlation. That is, PS 11 requires that the source conduct multiple
stack test runs using an EPA PM test method (e.g., Method 5) and
simultaneously collect corresponding PM CEMS output data. PS 11,
section 8.6, requires at least five test runs at each of three
different operating (i.e., low, mid, and high PM concentration)
conditions that range from 25 to 100 percent of allowable emissions, if
possible, for a total of 15 or more test runs. Then the source must use
the test method data and the corresponding PM CEMS output data to
develop an equation (i.e., a calculated linear or nonlinear curve) that
will be used to define the relationship between the PM CEMS output and
the test method measured PM concentrations. Each site-specific
correlation must meet several PS 11 acceptance criteria including
limits on confidence interval and tolerance interval equating to 25 percent of the applicable emissions limit.
2. Discussion of Technical Issues. A particular challenge in
applying PM CEMS to source emissions monitoring is in measuring the
very low PM concentrations associated with a low applicable emissions
limits for PM precisely enough to meet the PS 11 correlation
requirements. In addition to

[[Page 42375]]

measurement uncertainty inherent in PM CEMS data, the measurement
uncertainty associated with the reference test method (e.g., Method 5)
is a significant contributor to successful development of a PM CEMS
correlation regardless of the type of PM CEMS used.
As noted above, PS 11 specifies acceptable criteria for a
correlation directly related to the applicable emissions limit. The
Portland cement NESHAP PM emissions limit for existing sources of 0.04
lb/ton of clinker equates to 5 to 8 mg/dscm, depending on production
rate (assuming a typical total gas flow rate per clinker production
rate). For a PM CEMS set up to measure compliance with a 5 to 8 mg/dscm
equivalent limit, the inherent uncertainty associated with a 1 hour
Method 5 measurement (0.6 to 1.2 mg/dscm) would constitute
more than half of the 25 percent of the applicable PS 11
acceptance threshold (i.e., 1.2 to 2.0 mg/dscm) of the mid-
level PS 11 correlation test (i.e. the correlation for the middle of
the three PS 11 correlation points).
Although one can improve the method detection capabilities of the
Method 5 or other filterable PM test method by increasing sampling
volume and run time, uncertainties in measurement would remain. For
example to achieve a practical quantitation limit of 1 mg/dscm, one
would need to conduct a test run of 6 hours or longer. The measurement
uncertainty associated with a 6-hour Method 5 test runs at this
concentration would be 0.01 to 0.2 mg/dscm. At this level,
the uncertainty associated with the PM test method measurements alone
would be about half of the correlation limit allowed in PS 11. The PS
11 correlation calculations would also have to account for any PM CEMS
measurement uncertainty.
Factoring in the inherent PM CEMS response variability and the
uncertainty associated with the representative sampling (e.g., PM and
flow stratification), we agree with commenters that trying to satisfy
PS 11 at such low concentrations using 1 hour Method 5 test runs could
be problematic. The same issue arises for the new source standard
because of the lower limit of the new source standard.
The industry also argued that the variable raw feed material and
chemical additives used in cement production will lead to changes in
particle size, refractive index, particle density, and other physical
characteristics of the particulate in the exhaust stream. This is
important, according to the comments, because correlations developed
for the light scatter and scintillation PM CEMS technology may be
adversely affected by these physical changes in particles irrespective
of changes in mass emissions rates or concentrations.
In developing the 2010 final rule, the EPA assumed that cement
kilns would be using light-scatter or scintillation PM CEMS.\9\ The
output or response of these light based detectors is a function of the
index of refraction or photoelectric effects and the size distribution
of the particles in the exhaust stream. In addition to being more
sensitive than opacity monitors, light based detectors provide several
degrees of design freedom not applicable to opacity monitors. PM CEMS
manufacturers account for characteristics such as light wavelength,
scattering angle, and solid angle of detection in designing instruments
with desired response features. These types of PM CEMS can be reliably
calibrated per PS 11 where the relative characteristics (e.g.,
distribution of size, shape, and constituents) of the PM in the exhaust
remain relatively constant. Such may be the case, for example, where
the PM being measured is predominantly combustion ash from burning
fossil fuels in a boiler or an electricity generating unit.
---------------------------------------------------------------------------

\9\ US EPA, CEMS Cost Model, July 2006.
---------------------------------------------------------------------------

The dominant sources of PM from a cement kiln are not from fuel
combustion but from processing raw materials. Cement kilns process
mostly limestone with naturally occurring variability in component
percentages. See 74 FR 21142 (May 6, 2009); 75 FR 54977 (September 9,
2010). Cement kiln operators also add other chemical additives in
variable concentrations to produce certain product characteristics. See
74 FR 21142. As noted in the EPA's technology background documents
(e.g., https://www.epa.gov/ttn/emc/cem/pmcemsknowfinalrep.pdf and https://www.epa.gov/ttn/emc/cem/r4703-02-07.pdf), the correlations developed
for light-scatter or scintillation PM CEMS devices may be adversely
affected when there are changes in the particle structure, size, and
other physical characteristics of the emissions. These changes in
emissions characteristics can occur with the variability inherent in
the composition of fuels and raw feed materials, with use of mixed
multiple fuels, or with addition of chemical additives in various
proportions.\10\
---------------------------------------------------------------------------

\10\ Memorandum, from C. Oldham to B. Schell, Particulate Matter
Continuous Emission Monitoring System (PM CEMS) Capabilities, June
13, 2012.
---------------------------------------------------------------------------

This is an issue of special import for cement kilns. One can expect
significant variations in particle size distribution and other particle
characteristics in Portland cement kiln exhaust because of the
complicating effects of variable content feed materials and chemical
additives. That means that correlations developed for one set of
conditions may not apply with changes in feed materials or under other
operating conditions (e.g., different chemical additives).
The EPA has investigated whether PM CEMS that work on principles
other than light scattering could effectively measure cement kiln PM
and be calibrated per PS 11 requirements. There is at least one other
PM CEMS technology, beta attenuation PM CEMS, also referred to as beta
gauge technology that is much less sensitive to changes in particle
characteristics than are light based detectors. The beta attenuation PM
CEMS extracts a sample for the stack gas and collects the PM on a
filter tape. The device periodically advances the tape from the
sampling mode to an area where the sample is exposed to Beta radiation.
The detector measures the amount of beta radiation emitted by the
sample and that amount can be directly related to the mass of PM on the
filter.
The majority of PM CEMS devices used to date by cement kilns are
based on light scatter or scintillation detection. We understand that a
few Portland cement operators have applied beta attenuation devices.
Since the EPA premised the rule on use of a different type of PM CEMS,
since there is minimal operating experience with beta gauge PM CEMS in
this industry, and because we are not aware that the experience
includes a beta gauge PM CEMS calibrated per PS 11, the EPA believes
that some type of research effort involving testing would be needed
before predicating a PM standard on use of a beta gauge PM CEMS. Such
an effort is likely to take several years to implement.\11\
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\11\ We also note that PS 11 provides for means to minimize the
effects of changing particle sizes, for example by developing
multiple correlation curves, each of which requires 15 Method 5 test
runs. The EPA did not consider such an approach in promulgating the
rule and again, further technical work is needed to ascertain if
such an approach would yield reliable results.
---------------------------------------------------------------------------

These issues exacerbate the uncertainties of calibrating PM CEMS at
the level of the 2010 p.m. standards noted above. Using data from
longer Method 5 test runs will improve the probability of a PM CEMS
meeting PS 11 correlation requirements but will also raise practicality
concerns potentially without completely resolving the problems. Given
the combination of the low emissions concentrations PM CEMS measurement

[[Page 42376]]

uncertainty factors discussed above, the variability in composition of
cement PM, and need for extraordinarily long test runs to reduce Method
5 uncertainty to a level that compensates sufficiently for the PM CEMS
measurement uncertainty, the EPA believes that this correlation will
not be technically or practically achievable for a significant number
of cement kiln sources.
3. A monitoring approach alternative to PM CEMS and PS 11. To
address technical issues associated with PM CEMS meeting PS 11
correlation requirements at low PM emissions concentrations from cement
kilns and the potentially variable PM emissions characteristics
expected from Portland cement kilns, the EPA is proposing to change the
compliance basis for the PM emissions limit from PM CEMS and the 30-day
average emissions calculation. For monitoring continuous compliance,
the rule would require PM CEMS equipment but, as explained below, that
equipment would be used for continuous parametric monitoring rather
than for direct measure of compliance with the numerical PM emissions
limit.
The EPA is proposing to change the means of demonstrating
compliance from PM CEMS to Method 5 stack testing. In applying Method
5, PM is withdrawn isokinetically from the source and collected on a
glass fiber filter maintained at a temperature of 120 14
[deg]C (248 25[deg]F). The PM mass, which includes any
material that condenses at or above the filtration temperature, is
determined gravimetrically after the removal of uncombined water.
Compliance with the numerical emissions limit is then based on an
average of three 2-hour test runs rather than a 30-day average
determined from PM CEMS data. The numerical level of the standard would
change to reflect the different averaging period. See 75 FR 54988
(September 9, 2010) (explaining that more measurements of a properly
designed and operated control device decreases measured variability
since there are likely to be more measurements at the mean of
performance); see also 75 FR 54975 (September 9, 2010) (explaining how
this phenomenon is reflected in the Upper Prediction Limit (UPL)
equation used to project variability, since the m term (i.e., the
number of measurements) in the equation becomes larger with more
observations resulting in a larger denominator and hence lower ultimate
level). By changing from a 30-day average with potentially 720 hourly
values to a three-run test average producing three test run values, we
reviewed and revised the calculation of the PM emissions floor and
standard, and consistent with the court's remand, removed all CISWI
kilns from the database in doing so. In calculating the PM MACT floor,
the best performing kilns used in the analysis changed as a result of
removing the kilns identified as CISWI kilns.
In addition, we realized that in the original analysis PM emissions
data for a single kiln were inadvertently treated as test results for
three different kilns. After making that correction and after
eliminating kilns identified as CISWI, the number of kilns in the data
set was reduced from 45 kilns to 28 kilns. Therefore, the best
performing 12 percent was represented by four kilns. As a result of
removing the CISWI kilns, two kilns which were not best performers in
the 2010 dataset are now best performers. See TSD section 8.3 and
Appendices E and F.
As in the 2009 proposal, we used individual test run data from our
best performing kilns and calculated the 99th confidence UPL. Rather
than using m = 30 in the equation as we did in the 2010 final rule
where compliance was based on a 30 day rolling average, see 75 FR 54988
(September 9, 2010), we used m = 3 consistent with the proposed
requirement to determine compliance using a three run Method 5 test.
Under this analysis, we determined the revised proposed PM MACT floor
to be 0.07 lb/ton clinker produced when based on the three run Method 5
test. Beyond-the-floor standards do not appear to be justified for the
same reasons given in the 2010 final rule. See 75 FR 54988 (September
9, 2010). We are, therefore, proposing this emissions limit for the
kiln and clinker cooler and an initial and annual compliance test using
Method 5 to demonstrate compliance.
These issues affecting the existing source PM limit also apply to
the new source PM limit. Based on this revised compliance regime, the
new source floor would change from 0.01 lb/ton clinker produced, to
0.02 lb/ton clinker produced, based on a three run average from a
Method 5 stack test. See Portland Cement Reconsideration TSD, section
8.3. The best performing kiln used to set the MACT floor for new
sources in the 2010 rule was a cement kiln, not a CISWI kiln, so the
same kiln was used for this analysis. The difference is that because a
3-run test would be used to determine compliance rather than a 30-day
rolling average, the calculation of the 99th confidence UPL used m = 3
rather than 30, which results in a floor of 0.02 lb/ton clinker. The
EPA is not proposing a beyond-the-floor standard for the reasons given
at 75 FR 54988 (September 9, 2010).
As indicated above, the EPA is further proposing to use PM CEMS
technology for continuous parametric monitoring of the proposed PM
standards. The EPA has developed requirements for continuously
monitoring operating parameters in instances where compliance is based
on non-continuous measurements, as would now be the case for PM. This
implements section 114(a)(3) of the CAA which requires major sources to
use enhanced monitoring for compliance certifications. The EPA's
historic approach has been to require monitoring of a control device
operating condition (e.g., electrical power, water flow rate, pH) the
limit of which is based on a periodic compliance test with the
compliance test method. The use of a continuous parametric monitoring
system (CPMS) based on PM CEMS technology (PM CPMS) is a significant
step closer to direct measurement of emissions in units of the
emissions limit and an improvement over less direct monitoring of a
process control device conditions.
Specifically, this proposal recognizes the value of PM monitoring
technology sensitive to changes in PM emissions concentrations and use
of such a tool to assure continued good operation of PM control
equipment. This approach avoids the PM CEMS calibration (i.e., PS 11
correlation) issues that can be exacerbated for Portland cement
installations. PM CEMS technology can be effective in monitoring
control device performance (see, e.g., 77 FR 9371 (February 16, 2012))
where the EPA established PM CPMS parametric operating limits for
electricity generating units).
As a result, this proposed rule would require the installation and
operation of a PM CPMS for parametric monitoring associated with the
proposed PM standard. The source owner would not have to meet PS 11
requirements but would have to prepare and submit for approval, if
requested by a permitting authority, a site-specific monitoring plan to
apply sound practices for installing, calibrating and operating the PM
CPMS.
Current PM CPMS have an operating principle based on in-stack or
extractive light scatter, light scintillation or beta attenuation. The
source owner or operator would need to examine the fuel and process
conditions of his stack as well as the capabilities of these devices
before selecting a particular CPMS technology. The reportable
measurement output from the PM CPMS may be expressed as milliamps,
stack

[[Page 42377]]

concentration or other raw data signal. For the purposes of this
proposed rule, the source owner would establish an operating limit
based on the highest PM CPMS hourly value collected during the most
recent PM compliance test (or other stack tests accepted as a
legitimate basis for compliance, as explained below). The source would
collect PM CPMS data continuously and calculate a 30 operating day
rolling average PM CPMS output value from the hourly PM CPMS data
collected during process operating hours and compare that average to
the site specific operating limit. For these reasons (i.e., 30 days to
mitigate the effects of measurement and emissions variability and using
the highest hourly average from the stack testing), the EPA believes
that use of the PM CPMS for parametric monitoring should not pose the
same technical issues as those underlying the proposed decision to base
compliance on PM CEMS measurements.
We are proposing a number of consequences if the kiln PM monitoring
parameter is exceeded. First, the source owner will have 48 hours to
conduct an inspection of the control device and to take action to
restore the controls if necessary and 45 days to conduct a new PM
Method 5 compliance test to verify ongoing compliance with the PM
limit. Within 60 days complete the emissions sampling, sample analyses
and verification that the source is in compliance with the emissions
limit in accordance with the test procedures in either section 60.64 or
63.1349(b)(1). Also, determine an operating limit based on the PM CPMS
data collected during the performance test. Compare the recalculated
operating limit with the existing operating limit and, as appropriate,
adjust the numerical operating limit to reflect compliance performance.
Adjustments may include applying the most recently established highest
of the three test run hourly averages or combining the data collected
over multiple performance tests to establish a more representative
value. Apply the reverified or adjusted operating limit value from that
time forward.
Second, the EPA is proposing that this proposed rule limit the
number of deviations of the site-specific CPMS limit leading to follow
up performance tests in any 12-month process operating period and an
excess of this number be considered to be a violation of the standard.
This presumption could be rebutted by the source, but would require
more than a Method 5 test to do so (e.g., results of physical
inspections). This additional information is necessary since a Method 5
test could not be conducted following the discovery of deviations and
would not necessarily represent conditions identical to those when the
deviations occurred. The basis for this part of the proposal is that
the site-specific CPMS limit could represent an emissions level higher
than the proposed numerical emissions limit since the PM CPMS operating
limit corresponds to the highest of the three runs collected during the
Method 5 performance test. Second, the PM CPMS operating limit reflects
a 30-day average that should represent an actual emissions level lower
than the three test run numerical emissions limit since variability is
mitigated over time. See 75 FR 54988 (September 9, 2010); 54975-76.
Consequently, we believe that there should be few if any deviations
from the 30-day parametric limit and there is a reasonable basis for
presuming that deviations that lead to multiple performance tests to
represent poor control device performance and to be a violation of the
standard.
Therefore, the EPA is proposing that PM CPMS deviations leading to
more than four required performance tests in a 12-month process
operating period to be presumed a violation of this standard, subject
to the source's ability to rebut that presumption with information
about process and control device operations in addition to the Method 5
performance test results.
Finally, the EPA is proposing that the NSPS for PM established
pursuant to section 111(bb) also be revised so that these limits are no
longer CEMS-based and reflect the resulting different numerical values
and averaging times. Although the NSPS for PM rests on a justification
independent of the NESHAP PM standard (see PCA v. EPA, 665 F. 3d at
192-93), the technical issues associated with the use of PM CEMS in
this industry are common to both standards and the proposed amendments,
therefore, appear appropriate for the NSPS as well. The EPA believes
that these proposed requirements represent Best Demonstrated Available
Technology for new cement kilns given that the standards remain
predicated on the performance of the best industry performers and the
costs remain those already found to be reasonable. See id. at 191-92
discussing and upholding the EPA's NSPS for PM.

E. Summary of Proposed Standards Resulting From Reconsideration

The EPA is proposing the following revised MACT standards:

Table 3--Proposed Existing and New Source Floors and Standards \a\
------------------------------------------------------------------------
Existing source New source
Pollutant standard standard
------------------------------------------------------------------------
Mercury......................... 55 lb/MM tons 21 lb/MM tons
clinker. clinker.
THC............................. 24 ppmvd.......... 24 ppmvd.
PM.............................. 0.07 lb/ton 0.02 lb/ton
clinker (3-run clinker (3-run
test average). test average).
HCl............................. 3 ppmvd........... 3 ppmvd.
Organic HAP..................... 12 ppmvd.......... 12 ppmvd.
------------------------------------------------------------------------
\a\ Standards for mercury and THC are based on a 30-day rolling average.
The standard for PM is based on a three run test. If using a CEMS to
determine compliance with the HCl standard, the floor is also a 30-day
rolling average. Organic HAP standards are discussed in section H
below.

F. Standards for Fugitive Emissions From Clinker Storage Piles

In the September 2010 rule, the agency established work practice
requirements to reduce fugitive emissions from outdoor clinker storage
piles. The agency had information that these storage piles emit HAP in
the form of fugitive PM containing HAP metals, so that regulation of
these sources was necessary. Because the emissions in question were
fugitive dusts for which measurement was not feasible, the agency
adopted work practices as the standard, specifically the work practice
standards and opacity emissions limits contained in California's South
Coast Air Quality Management District Rule 1156 as amended on March 6,
2009. Because there were only two plants which we could state
definitively had open storage piles and both were complying with Rule
1156, we believed that the regulatory standards under Rule 1156
constituted the floor level of control. The current promulgated work
practices consist of providing varying

[[Page 42378]]

degrees of enclosures or barriers to prevent wind erosion of the
storage piles. See generally 75 FR 54989 (September 9, 2010).
In their reconsideration petition, the cement industry maintained
that the EPA did not provide sufficient notice of the standards it
might adopt for clinker storage piles. We agreed and granted
reconsideration. See 76 FR 28325 (May 17, 2011). The D.C. Circuit
stayed the standard pending the conclusion of the EPA's
reconsideration. See 665 F. 3d at 189.
Industry also noted, correctly, that more than two plants are
potentially affected by clinker pile standards, so that the California
rule is not necessarily a floor level of control. To evaluate which
work practices are currently used in the industry, we requested data
from the industry on currently used work practices. We also undertook a
review of state permits to determine the level of controls to which
open clinker piles are currently subject. Based on this information,
the EPA is proposing to amend the work practices for clinker storage
piles.
1. What is a clinker pile?
Clinker storage is necessary to allow near continuous kiln
operation and intermittent grinding and processing of the clinker.
Clinker storage is also necessary in the event of unplanned or planned
kiln shutdowns. Cement plants use silos, domes or other enclosure for
clinker storage. Additional clinker storage may also be necessary to
accommodate extended shutdown periods for kiln maintenance and/or
market conditions. When the conventional enclosed storage is not
adequate, clinker may be stored in outdoor piles. Unlike automated
systems for drawing down clinker from enclosed silos, these temporary
outdoor storage piles are drawn down using equipment such as front end
loaders or other reclaiming equipment. Outdoor clinker storage may be
temporary, lasting a few days or weeks and up to several months. There
are also open clinker piles that have been in existence for years and
are essentially permanent.
2. What are the proposed standards?
We are proposing amended standards that will control HAP metal
emissions from open clinker piles. Because the emissions are fugitive,
we are proposing work practices instead of an emissions limit since it
is ``not feasible to prescribe or enforce an emission standard'' for
these emissions because, as fugitive emissions, they are not ``emitted
through a conveyance designed and constructed to emit or capture such
pollutant''. See CAA section 112 (h)(2)(A). The work practices would
apply to any open clinker piles regardless of the quantity of clinker
or the length of time that the clinker pile is in existence.
According to industry stakeholders, virtually all Title V permits
oblige cement plant operators to ``minimize'' fugitive emissions
including those from open clinker piles. See Portland Cement
Reconsideration TSD, section 2, which is available in this rulemaking
docket. Our examination of relevant permits indicates that some permits
establish an opacity limit not to be exceeded in conjunction with
materials management. Others contain a ``no visible emissions''
limitation at the fence line of the facility. Industry stakeholders
state that to minimize fugitive emissions from open clinker piles,
plants employ a number of practices, the most common being to use water
sprays to form a concrete-like crust on the exposed surface of the
clinker pile. Clinker has cement like properties and when exposed to
water will hydrate and harden. The crust formed by this practice is
very effective at reducing fugitive emissions as long as the pile is
not disturbed. Another common practice is to cover clinker piles with
tarps, which may be held down with tires, which effectively minimizes
fugitive emissions. Some plants also use foam sprays on the exposed
surface of the pile, forming a coating which reduces or prevents
fugitive emissions.
Based on our review of 88 state Title V permits, all but one permit
required one or a combination of the following control measures to
reduce fugitive emissions generally: Work practices, opacity or visible
emission limits, prohibitions against open clinker piles and some type
of general duty requirements to minimize fugitive dust emissions. Eight
of the permits contained requirements specific to open or outdoor
clinker piles. Eighteen permits contained standards that restricted
emissions more generally from outdoor storage piles including opacity
and visible emissions limits and general duty requirements to not
produce PM or dust emissions at the property line. Seventy-seven
permits contained facility-wide restrictions that applied to a variety
of fugitive sources at the cement facilities (e.g. roads, storage, raw
materials). In only one permit was it not clear that there were
requirements to minimize fugitive dust emissions.
With the exception of total enclosure of all open clinker piles,
the EPA believes that the control measures in the permits are equally
effective in reducing fugitive emissions. These measures are,
therefore, consistent with section 112(d) controls and reflect a level
of performance analogous to a MACT floor. See CAA section 112(h)(1) (in
promulgating work practices, the EPA is to adopt standards ``which in
the Administrator's judgment [are] consistent with section (d) or (f)
of this section.'') The option of full enclosures, somewhat analogous
to a beyond-the-floor standard under section 112(d)(2), would be
extremely costly with minimum associated emissions reductions
incremental to the measures already undertaken (which already reduce
most or all of the fugitive emissions from these piles). The EPA,
therefore, is not proposing to mandate such a practice. Industry cost
estimates for a full enclosure with a capacity of 50,000 tons of
clinker range from $10-$25 million in capital cost and $400,000-
$500,000 annual operating cost (See Portland Cement Association,
Clinker Piles, September 7, 2011, available in the rulemaking docket).
We also are not proposing opacity or visible emission standards, for
several reasons. If work practices are properly implemented, we believe
fugitive emissions, including visible emissions, from clinker piles
will be effectively controlled. Such emission limits would also be
redundant with work practice requirements. Moreover, in many cases, the
temporary, short-term nature of clinker piles would make it impractical
to implement an emissions monitoring program that would be more
effective than the proposed work practices.
We are proposing that one or more of the following control measures
be used when adding clinker to a pile, during on-going clinker storage,
and when reclaiming the clinker for processing, to minimize to the
greatest extent practicable fugitive dust emissions from open clinker
storage piles: Locating the source inside a partial enclosure (such as
a three sided structure with tarp), installing and operating a water
spray or fogging system, applying appropriate chemical dust suppression
agents on the pile, use of a wind barrier or use of a tarp. The owner
or operator must select, from the list provided, the control measure or
combination of control measures that are most appropriate for the site
conditions. We are allowing the owner or operator to select the most
appropriate control measure or combination of measures for their
situation.
We are proposing that the owner or operator must include as part of
their operations and maintenance plan (required in Sec. 63.1347) the
fugitive dust

[[Page 42379]]

control measures that they will implement to control fugitive dust
emissions from open clinker piles. These control measures would apply
to the addition of clinker to the pile, on-going clinker storage and
reclaiming the clinker for processing.
We are proposing the same standards for new sources as existing
sources. In the case of a clinker storage pile, there is no essential
difference between `new' and `existing'. These piles generally reflect
temporary storage situations, and are not analogous to building a one-
time stationary structure where there are opportunities for newly-
constructed entities that do not exist for existing entities. The EPA
consequently is proposing the same standards for both.

G. Affirmative Defense to Civil Penalties for Exceedances Occurring
During Malfunctions

In response to comments, the EPA added to the September 9, 2010,
final rule an affirmative defense to civil penalties for exceedances of
emissions limits that are caused by malfunctions. Various environmental
advocacy groups, as well as the Portland Cement Association (PCA),
indicated that there had been insufficient notice of this provision.
The EPA agreed and granted reconsideration. See 76 FR 28325 (May 17,
2011). We are proposing to retain the affirmative defense on
reconsideration. This provision seeks to balance a tension, inherent in
many types of air regulation, to ensure adequate compliance while
simultaneously recognizing that despite the most diligent of efforts,
emission limits may be exceeded under circumstances beyond the control
of the source. The EPA must establish emission standards that ``limit
the quantity, rate, or concentration of emissions of air pollutants on
a continuous basis.'' See 42 U.S.C. 7602(k) (defining ``emission
limitation and emission standard''). See generally Sierra Club v. EPA,
551 F.3d 1019, 1021 (D.C. Cir. 2008) Thus, the EPA is required to
ensure that section 112 emissions limitations are continuous. The
affirmative defense for malfunction events meets this requirement by
ensuring that even where there is a malfunction, the emission
limitation is still enforceable through injunctive relief. Although
``continuous'' limitations, on the one hand, are required, there is
also case law indicating that in many situations it is appropriate for
the EPA to account for the practical realities of control technology.
For example, in Essex Chemical v. Ruckelshaus, 486 F.2d 427, 433 (D.C.
Cir. 1973), the D.C. Circuit acknowledged that in setting standards
under CAA section 111 ``variant provisions'' such as provisions
allowing for upsets during startup, shutdown and equipment malfunction
``appear necessary to preserve the reasonableness of the standards as a
whole and that the record does not support the `never to be exceeded'
standard currently in force.'' See also, Portland Cement Association v.
Ruckelshaus, 486 F.2d 375 (D.C. Cir. 1973). Though intervening case law
such as Sierra Club v. EPA and the CAA 1977 amendments undermine the
relevance of these cases today, they support the EPA's view that a
system that incorporates some level of flexibility is reasonable. The
affirmative defense simply provides for a defense to civil penalties
for excess emissions that are proven to be beyond the control of the
source. By incorporating an affirmative defense, the EPA has formalized
its approach to upset events. In a Clean Water Act setting, the Ninth
Circuit required this type of formalized approach when regulating
``upsets beyond the control of the permit holder.'' Marathon Oil Co. v.
EPA, 564 F.2d 1253, 1272-73 (9th Cir. 1977); see also, Mont. Sulphur &
Chem. Co. v. United States EPA, 2012 U.S. App. LEXIS 1056 (Jan 19,
2012) (rejecting industry argument that reliance on the affirmative
defense was not adequate). But see, Weyerhaeuser Co. v. Costle, 590
F.2d 1011, 1057-58 (D.C. Cir. 1978) (holding that an informal approach
is adequate). The affirmative defense provisions give the EPA the
flexibility to both ensure that its emission limitations are
``continuous'' as required by 42 U.S.C. Sec. 7602(k), and account for
unplanned upsets and thus support the reasonableness of the standard as
a whole.
Petitions filed by environmental advocacy groups question the EPA's
authority to promulgate the affirmative defense arguing, among other
things, that the affirmative defense is inconsistent with the
provisions of CAA sections 113(e) and 304(b) governing penalty
assessment and citizen suits, respectively. The EPA's view is that the
affirmative defense is not inconsistent with CAA section 113(e) or 304.
Section 304 gives district courts' jurisdiction ``to apply appropriate
civil penalties.'' Section 113(e)(1) identifies the factors that the
Administrator or a court shall take into consideration in determining
the amount of a penalty to be assessed, once it has been determined
that a penalty is appropriate. The affirmative defense regulatory
provision is not relevant to the amount of any penalty to be assessed.
If a court determines that the affirmative defense elements have been
established, then a penalty is not appropriate and penalty assessment
pursuant to the section 113(e)(1) factors does not occur.
In exercising its authority under section 112 to establish emission
standards (at a level that meets the stringency requirements of section
112), the EPA necessarily defines conduct that constitutes a violation.
The EPA view is that the affirmative defense is part of the emission
standard and defines two categories of violation. If there is a
violation of the emission standard and the source demonstrates that all
the elements of the affirmative defense are met, only injunctive relief
is available. All other violations of the emission standard are subject
to injunctive relief and penalties. A citizen suit claim under section
304 allows citizens to commence a civil action against any person
alleged to be in violation of ``an emission standard or limitation
under this chapter.'' The CAA, however, allows the EPA to establish
such ``enforceable emission limitations.'' Thus, the citizen suit
provision clearly contemplates enforcement of the standards that are
defined by the EPA. As a result, where the EPA defines its emissions
limitations and enforcement measures to allow a source the opportunity
to prove its entitlement to a lesser degree of violation (not subject
to penalties) in narrow, specified circumstances, as the EPA did here,
penalties are not ``appropriate'' under section 304.
The EPA solicits comments on this issue of the EPA's authority to
promulgate an affirmative defense. The EPA's view is that an
affirmative defense to civil penalties for exceedances of applicable
emission standards during periods of malfunction appropriately balances
competing concerns. On the one hand, citizen enforcers are concerned
about additional complications in their enforcement actions. On the
other hand, industrial sources are concerned about being penalized for
violations caused by malfunctions that they could not have prevented
and were otherwise appropriately handled (as reflected in the
affirmative defense criteria). The EPA has used its section 301(a)(1)
authority to issue regulations necessary to carry out the Act in a
manner that appropriately balances these competing concerns. However,
the EPA also solicits comment on alternatives to, or variations on, the
affirmative defense provisions promulgated in the 2010 final rule.
In its petition for reconsideration, the PCA expressed support for
the affirmative defense, but maintains that

[[Page 42380]]

``the affirmative defense process that EPA codified in the final rules
is cumbersome and will be exceedingly difficult for facilities to
employ.'' The EPA is soliciting comment on the terms and condition of
the affirmative defense. In recent rules promulgated under section 112
and 129, the EPA has revised certain terms and conditions of the
affirmative defense in response to concerns raised by various
commenters. The EPA is proposing to adopt those same revisions in this
proposed rule. The EPA is proposing to revise the affirmative defense
language to delete ``short'' from section 63.1344(a)(1)(i), because
other criteria in the affirmative defense require that the source
assure that the duration of the excess emissions ``were minimized to
the maximum extent practicable.'' The EPA is also proposing to delete
the term ``severe'' in the phrase ``severe personal injury'' in
63.1344(a)(4) because we do not think it is appropriate to make the
affirmative defense available only when bypass was unavoidable to
prevent severe personal injury. In addition, the EPA is proposing to
revise section 63.1344(a)(8) to add ``consistent with good air
pollution control practice for minimizing emissions.'' The EPA is also
proposing to revise the language of 63.1344(a)(9) to clarify that the
purpose of the root cause analysis is to determine, correct and
eliminate the primary cause of the malfunction. The root cause analysis
itself does not necessarily require that the cause be determined,
corrected or eliminated. However, in most cases, the EPA believes that
a properly conducted root cause analysis will have such results.
Further, the EPA is proposing to revise 63.1344(b) to state that
``[t]he owner or operator seeking to assert an affirmative defense
shall submit a written report to the Administrator in a semiannual
report with all necessary supporting documentation, that it has met the
requirements set forth in section 63.1354(c) of this subpart.'' This
report must be included in the first semiannual report, required by
section 63.1354(b)(9), after the initial occurrence of the violation of
the relevant standard. If the semiannual report is due less than 45
days after the initial occurrence of the violation, the affirmative
defense report may be included in the second semiannual report due
after the initial occurrence of the violation of the relevant standard.
See proposed regulatory text for other proposed minor wording changes
to improve clarity.

H. Continuously Monitored Parameters for Alternative Organic HAP
Standard (With THC Monitoring Parameter)

In the September 2010 final rule, the EPA promulgated an
alternative standard for non-dioxin organic HAP, based on measuring the
organic HAP itself rather than the THC surrogate. Section 63.1343(b)(1)
provides two options for meeting a standard for organic HAP. One is to
meet a THC standard of 24 ppmvd; the other is to meet a limit of 9
ppmvd of total organic HAP. This equivalent alternative standard is
intended to provide additional flexibility in determining compliance,
and it would be appropriate for those cases in which methane and ethane
comprise a disproportionately high amount of the organic compounds in
the feed because these non-HAP compounds could be emitted and would be
measured as THC. The specific organic compounds that are to be measured
to determine compliance with the equivalent alternative standard are
benzene, toluene, styrene, xylene (ortho-, meta-, and para-),
acetaldehyde, formaldehyde and naphthalene. Compliance with the
equivalent alternative standard under the September 2010 standard will
be determined through organic HAP emissions testing using EPA Method 18
or 320, as appropriate for the compound of interest. The 2010 rule
further requires that each source complying with the alternative
standard establish a site-specific THC limit to be met continuously.
The site-specific THC limit will be measured as a 30 day rolling
average, with an annual compliance test requirement. It would be
correlated with the organic HAP limit and is therefore not tied to the
THC standard of 24 ppmvd. We granted reconsideration on the level of
this site-specific THC limit used as a continuously monitored parameter
for those sources selecting the alternative HAP compliance method. See
76 FR 28318 (May 17, 2011).
Since THC includes compounds that are not considered to be
hazardous, either of the two standards are considered to be reasonable.
While the September 2010 final rule required an organic HAP limit
of 9 ppmvd, a recent review of the method detection limits used to
measure organic HAP revealed that three times the representative method
detection level (3*RMDL) is actually 12 ppmvd, therefore, we propose to
revise the alternative organic HAP limit to 12 ppmvd. As discussed in
the final rule, the expected measurement imprecision for an emissions
value at or near the method detection level is about 40 to 50 percent
and decreases to a consistent 10 to 15 percent for values that are
three times the method detection level. See 75 FR 54984 (September 9,
2010); see also section D above. Thus, measured values less than three
times the representative method detection level are highly uncertain
and therefore not reasonable for compliance determinations. The 3*RMDL
of 12 ppmvd was determined as follows: we determined method detection
capabilities for Method 320 and Method 18 as appropriate for the
various compounds (e.g., Method 320 for aldehydes, Method 18 for
aromatic hydrocarbons (arenes)). This approach is consistent with
procedures practiced by the better performing testing companies and
laboratories using sensitive analytical procedures. We determined for
each of the organic HAP the expected method detection level for the
respective method based on internal experience and method capabilities
reported by testing companies. With these reported values, we
identified the resulting mean of the method detection levels, adjusted
them for dilution and moisture, summed them, and then multiplied the
sum by three to determine the representative detection level (RDL). The
resulting RDL value was found to be 11.2 ppmvd @ 7 percent oxygen
(O2), dry. This value is greater than the final 9 ppmvd @ 7
percent O2, dry, in the final rule. We are, therefore,
proposing to adjust the total organic HAP limit to 12 ppmvd @ 7 percent
O2, dry (rounded up from the 11.2 ppm RDL). At this level,
we believe that currently available emissions testing procedures and
technologies can be used to provide measurements of sufficient
certainty for sources to demonstrate compliance. A detailed discussion
of the use of the RDL to arrive at the proposed organic HAP limit is
found in the Portland Cement Reconsideration TSD, section 3, which can
be found in the docket for this rulemaking.
A consequence of this analysis is that the accuracy of the analytic
methods for organic HAP appear to be insufficient to allow sources to
scale up their site-specific THC limit based on the degree to which the
measured organic HAP levels were below the organic HAP limit--the
organic HAP limit, even as proposed to be revised, is at the reliable
limit of detection as just explained. Therefore, this proposed rule
retains the provision whereby the site-specific THC operating parameter
is established at the same time the performance test is conducted for
organic HAP. If the site-specific THC operating parameter is

[[Page 42381]]

exceeded, then the kiln would have to be retested to determine
compliance with the organic HAP limit. This proposed rule would further
require that the tests for organic HAP and THC be repeated annually to
establish a new annual site-specific THC parameter reflecting the
organic HAP level. We also are proposing, similar to the PM compliance
test procedure, that the highest 1-hour average THC concentration
measured during the 3-hour organic HAP test, be used as the site-
specific THC parameter, and are allowing facilities to extend the
testing time (or number of tests) if they believe extended testing is
required to adequately capture THC variability over time. The EPA
specifically solicits comment on the changes on the organic HAP limit.
In addition, we solicit comment on if it would it be appropriate to
allow sources to scale up their site-specific THC limit based on the
degree to which the measured organic HAP levels are below the organic
HAP limit.

I. Allowing Sources With Dry Caustic Scrubbers To Comply With HCl
Standard Using Performance Tests

To demonstrate compliance with the HCl emissions limit, the
September 2010 final rule allows sources equipped with wet scrubbers to
comply with the HCl standard by means of periodic performance tests
rather than with continuous monitoring of HCl with a CEMS (see Sec.
63.1349(b)(6)). We reasoned that a source that uses a limestone wet
scrubber for HCl control will have minimal HCl emissions even if kiln
inputs change because limestone wet scrubbers are more efficient in
removing HCl than they are required to be, to meet the standard.
Sources electing to comply by means of stack tests must establish
continuously monitored parameters including liquid flow rate, pressure
and pH. Sources using a limestone wet scrubber are required to perform
an initial compliance test using Method 321 in Appendix A to 40 CFR
part 63 and to test every 30 months thereafter.
In their petition, industry stakeholders indicated that this
compliance option should not be limited to wet scrubber equipped units,
but should also be available for units equipped with caustic scrubbers,
in part because some sources will be equipped with dry scrubbers (due
to water shortages) and should have the same operating flexibilities as
wet scrubber equipped kilns.
A recent review of data from a vendor of acid gas controls using a
standard hydrated lime and a high performance hydrated lime at a U.S.
cement manufacturing plant, revealed that HCl removal from dry
scrubbers on kilns ranged from 90 to 95 percent HCl removal, depending
on lime injection rates (Lhoist North America, Cement Industry
Experience, DSI for Acid Gas Control, October 5, 2011). The results
also showed the plant could meet the 3 ppm HCl limit. The EPA also
evaluated HCl removal efficiency using dry sprayer absorber with a
fabric filter as part of the electric utility generating MACT
rulemaking. Removal efficiencies ranged from 95 percent to nearly 100
percent with an average of about 99.8 percent (Hutson to Nizich, HCl
control using SDA/FF, November 29, 2011). In addition, information from
the National Lime Association (https://www.lime.org/uses_of_lime/environmental/flue_gas.asp) and the Institute for Clean Air Companies
(https://www.icac.com/i4a/pages/index.cfm?pageid=3401) report HCl
emissions reductions using dry lime injection technology of 95 to 99
percent from coal-fired boilers in the electric utility industry, from
municipal waste-to-energy facilities and from other industries. In the
secondary aluminum industry, reductions in HCl emissions greater than
99 percent have been achieved (National Lime Association, Flue Gas
Desulfurization, https://www.lime.org/uses_of_lime/environmental/flue_gas.asp).
Given these high reported removal efficiencies, we propose to
extend the same option provided to kilns equipped with wet scrubbers to
dry scrubber-equipped kilns. Thus, kilns with either type of scrubber
could demonstrate compliance with the HCl limit by means of an initial
and periodic stack test rather than with continuous compliance
monitoring with a CEMS. In order to assure that the dry lime injection
equipment is operated effectively between tests, the proposed amendment
would require that the lime injection rate used during the performance
test demonstrating compliance with the HCl limit be recorded and then
continuously monitored between performance tests to show that the
injection rate remains at or above the rate used during the performance
test.
We are also proposing an additional alternative for all kilns
equipped with a dry or wet scrubber (and, under this proposal, could
therefore do periodic HCl performance testing and parametric
monitoring). Where either wet or dry scrubbers are used, we are
proposing that an owner or operator would have the option of using
SO2 monitoring as a continuously monitored parameter for
purposes of compliance monitoring. Because HCl is a water-soluble
compound and because it has a large acid dissociation constant (i.e.,
HCl is a strong acid), it will be more rapidly and readily removed than
SO2 from a gas stream treated with either caustic sorbents
(e.g., lime, limestone) or plain water. We acknowledge that at proposal
(see 74 FR 21154, May 6, 2009) we rejected setting a standard (as
opposed to a continuously monitored parameter) that used SO2
as a surrogate for HCl because we had no data that demonstrated a
direct link between HCl emissions and SO2 emissions.
However, pilot-scale tests by the EPA at its Multi-pollutant Control
Research Facility support the use of the more easily measured
SO2 as a surrogate for HCl where either wet or dry scrubbers
are used. See Docket item EPA-HQ-OAR-2009-0234-3893. Further, we are
aware that there are existing kilns equipped with SO2 CEMS
and that this monitoring technology is less expensive and more mature
than HCl CEMS. Thus, we are proposing that SO2 is an
indicator for HCl compliance, and that monitoring the emissions of
SO2 will provide a reliable indication of HCl removal,
making SO2 monitoring an appropriate parameter for
monitoring continuing compliance.
Owners or operators of kilns equipped with dry or wet scrubbers
that choose to use SO2 monitoring would need to conduct an
initial performance test for HCl and establish the SO2
operating limit equal to the highest 1 hour average recorded during the
HCl performance test, so that there is an indication of proper
operation of the HCl control device. The owner or operator of a kiln
controlled using either a dry or wet scrubber that chooses to monitor
SO2 would not be required to also establish continuously
monitored parameters reflecting the performance test results, such as
lime injection rate for a dry scrubber and liquid flow rate, pressure
and pH for a wet scrubber. Deviation from any established parameter
level or established SO2 operating level would trigger a
requirement to retest for HCl in order to verify compliance with the
HCl limits and to verify or re-establish the parameter levels.
At a minimum, a repeat performance test to confirm compliance with
the HCl emissions limit and to reset the SO2 limit and
monitoring parameters is required every 5 years. We are requesting
comment on the efficacy of continuously monitoring SO2 as a
continuously monitored parameter in lieu of continuously monitoring HCl
control device parameters, and also solicit comment on testing every 30
months for HCl for purposes of

[[Page 42382]]

monitoring compliance with the HCl emissions limit.

J. Alternative PM Limit

Some kilns combine kiln exhaust gas with exhaust gas from other
unit operations, such as the clinker cooler, as an energy saving
practice. The September 2010 final rule sought to accommodate
commingled flows from the kiln and clinker cooler by providing a site
specific PM limit. See section 63.1343(b)(2). In its reconsideration
petition, the PCA pointed out, however, that other flows besides the
exhaust gas flow from the clinker cooler can be commingled as well. The
petitioner provided the example of coal mill exhaust and exhaust from
an alkali by-pass as instances of additional flows that can be
commingled with the exhaust gas flow from the kiln. The petitioner
observed that without an allowance for these additional flows, the site
specific PM limit is stricter than the EPA intended (since the PM
concentration will be divided by a lower number in the implementing
equation), and penalizes the energy-saving practice of commingling
these flows.
The agency agreed with the petitioner that the alternative PM
equations for existing and new sources contained in the final rule do
not adequately account for commingled exhaust gas flows from sources
other than the clinker cooler, and granted reconsideration for this
reason. See 76 FR 28325 (May 17, 2011). We believe that although the
form of the equation is correct, the equation is not written to
accommodate sources other than exhaust gases from the clinker cooler.
We are proposing to revise the equation so that it includes exhaust gas
flows for all potential sources that would potentially be combined,
including exhausts from the kiln, the alkali bypass, the coal mill, and
the clinker cooler, for an existing kiln, the EPA is proposing the
following equation:

PMalt = 0.0060 x 1.65 x (Qk + Qc +
Qab + Qcm)/(7000)

Where:

PMalt = The alternative PM emission limit for commingled
sources.
0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.07 lb
per ton clinker where clinker cooler and kiln exhaust gas are not
combined.\12\
---------------------------------------------------------------------------

\12\ Note that this figure would change correspondingly if the
EPA were to amend the existing source PM standard. The same is true
of the PM term in the new source equation.
---------------------------------------------------------------------------

1.65 = The conversion factor of lb feed per lb clinker.
Qk = The exhaust flow of the kiln (dscf/ton raw feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton raw
feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton raw
feed).
Qcm = The exhaust flow of the coal mill (dscf/ton raw
feed).
7000 = The conversion factor for grains (gr) per lb.

If exhaust gases for any of the sources contained in the equation are
not commingled and are exhausted through a separate stack, their value
in the equation would be zero. The alternative PM equation for new
sources is identical to the existing source equation except the PM
exhaust concentration used in the equation is 0.002 grains per dry
standard cubic foot, which is equivalent to the new source PM limit of
0.02 lb/ton clinker.

K. Standards During Startup and Shutdown

In the final NESHAP, the EPA established separate standards for
startup and shutdown which differ from the main standards. These
standards require kilns to meet numerical limits for each pollutant
regulated by the rule, each standard to be measured using a CEMS over
an accumulative 7-day rolling average. 75 FR 54991 (September 9, 2010).
Industry petitioned the EPA to reconsider these standards claiming lack
of notice, but the EPA denied these petitions because the agency had
already provided ample opportunity for comment which petitioners had
used. See 76 FR 28323 (May 17, 2011). The D.C. Circuit dismissed all
challenges to these startup and shutdown provisions (see 665 F 3d at
189). The EPA did grant reconsideration on several technical issues
related to startup and shutdown--certain aspects of CEM-based
monitoring of mercury and PM during startup and shutdown--issues which
would be moot if the EPA adopts the approach proposed below--and having
an HCl limit of zero for kilns not equipped with CEMS (see 76 FR 28325
(May 17, 2011)).
The EPA is proposing to retain the startup and shutdown standards
for mercury and THC, to amend the startup and shutdown standards for PM
to be consistent with the proposed numeric levels in this proposal, and
to amend the level of the startup and shutdown standard for HCl to be 3
ppm in all circumstances.
The EPA is further proposing to clarify that startup begins when
the kiln's induced fan is turned on and continues until continuous raw
material feed is introduced into the kiln. Shutdown begins when feed to
the kiln is halted. Thus, during startup and shutdown, as defined, a
kiln would not be firing coal or coke and would not be introducing feed
material into the kiln continuously. HAP emissions from cement kilns
are attributable almost entirely to one or the other of these feeds,
with raw materials contributing the great preponderance. In addition,
kilns burn fuels during startup and shutdown which are cleaner than
coal and coke (natural gas is used for the most of the startup). Thus,
HAP emissions during startup and shutdown necessarily should be far
less than the numerical limits in the standards since the kiln will not
be introducing raw materials, and will be burning fuels which are
cleaner than its normal fuels.
Accordingly, the EPA is further proposing to change the means of
monitoring for compliance with the startup and shutdown standards.
Rather than require monitoring by a CEM or by stack testing, the EPA is
proposing that a source keep records of the volumes of fuels introduced
into the kiln during startup and shutdown to verify that raw materials
are not introduced into the kiln, although, by definition, if raw
materials are introduced continuously into the kiln, the kiln is not
operating in startup and shutdown and the monitoring requirements of
the main standards would therefore apply. Kiln owners and operators
would then make conservative assumptions as to the combustion
efficiency of the kiln so as to reasonably estimate destruction of
organics, and include mass balance calculations showing that the
startup/shutdown standards would not be exceeded.
These proposed recordkeeping requirements would serve as the basis
for compliance monitoring. The EPA believes that these proposed
recordkeeping requirements are both sufficient to yield reliable
information for the startup and shutdown periods, and to establish a
source's compliance or non-compliance with the startup and shutdown
standards. The EPA also believes that this proposed requirement would
satisfy the requirements of 40 CFR section 70.6(c)(1) which requires
that Title V permits shall contain ``monitoring * * * requirements
sufficient to assure compliance with the terms and conditions of the
permit.''
The EPA is further proposing that the standard for HCl during
startup and shutdown be 3 ppmvd under all circumstances, and thus is
proposing to eliminate the current provision that the startup and
shutdown standard be zero for kilns measuring compliance by means other
than a CEM. As shown in the petitions for reconsideration, HCl can be
formed even when normal fuels and raw materials are not being

[[Page 42383]]

introduced into the kiln (for example, from residual chlorides in the
kiln refractory). See PCA Petition for Reconsideration Exh. 1.
Consequently, the promulgated limit of zero is technically
inappropriate, and the EPA is proposing to amend it to 3 ppmvd, the
same standard which applies in all other operating modes. Monitoring
during startup and shutdown would be accomplished by recordkeeping, as
explained above.
The EPA also solicits comment on whether the numeric standards
during startup and shutdown should be amended to provide work
practices, rather than numeric standards. Work practices could require
operation of emission control devices during startup and shutdown,
minimizing the time periods of startup/shutdown, and following
manufacturer's best practices. We rejected work practices for startup
and shutdown periods in the 2010 final rule because the commenters
requesting such standard failed to demonstrate why it is ``not feasible
* * * to prescribe or enforce an emission standard'' for mercury, THC,
PM and HCl during startup and shutdown at cement kilns, within the
meaning of section 112(h) of the Act. See NESHAP from the Portland
Cement Manufacturing Industry Response to Comments Received on Proposed
Rule Published on May 6, 2009, 74 FR 21135, August 6, 2010 at p. 184.

L. Coal Mills

Cement kilns burn coal as their main fuel, and mill the coal before
firing it. From the standpoint of air emissions, these coal mills are
sometimes physically distinct from the cement kiln, generating
emissions solely attributable to the coal mill and emitting exhaust
through a dedicated stack. However, some kilns are configured so that
coal mill emissions are commingled with kiln exhaust and the emissions
are discharged through the main kiln stack. Finally, there are some
configurations whereby kiln emissions are routed to the coal mill and
discharged through the coal mill stack. This part of the preamble
discusses the regulatory treatment of these different scenarios.
First, the EPA has promulgated new source performance standards (40
CFR part 60 subpart Y) for coal mills. See 74 FR 51952 (October 8,
2009). These standards apply to coal mills, including coal mills at
cement manufacturing facilities, which emit through a dedicated stack.
Subpart Y standards do not apply to coal mills at cement facilities
whose only heat source is kiln exhaust. See section 60.251(j)
(definition of indirect thermal dryer). This leaves ambiguous, or
partially ambiguous, the regulatory treatment of the second and third
situations mentioned above: A kiln whose coal emissions are discharged
through the main kiln stack, and the coal mill which receives some
exhaust from the cement kiln so that some portion of the coal mill
exhaust can reflect cement kiln emissions. Because we did not address
these issues in the 2010 final NESHAP for Portland cement kilns, we
granted reconsideration in order to do so. See 76 FR 28326 (May 17,
2011).
A cement kiln which commingles emissions from its coal mill with
all other emissions and discharges through kiln emission points would
have to meet all of the NESHAP. In the case of PM, the additional flow
from the coal mill would be accounted for in the equation used to
determine PM contributions from commingled flows. See section K above.
In the case of a coal mill which receives and discharges some of
the cement kiln exhaust, the regulatory concern is that this re-routing
of kiln exhaust not result in uncontrolled HAP emissions.
Our basic principle for this situation could be that the kiln
demonstrate that it is meeting all of the NESHAP standards for
pollutants not regulated under the subpart Y coal mill standard, that
is mercury, THC and HCl. Because the subpart Y standards contain a PM
standard predicated on use of fabric filter control technology, we do
not believe it necessary to account for diverted PM emissions.
We are soliciting comment on the following compliance mechanism for
the mercury, THC and HCl standards in this situation: The sum of the
mercury, THC and HCl in the kiln exhaust diverted to the coal mill, and
the kiln exhaust exhausted in the main kiln stack, must not exceed the
subpart LLL NESHAP emission limits for each respective HAP or HAP
surrogate. Under this approach, the rule could contain requirements to
document the contribution of the emissions diverted to the coal mill.
With respect to THC and HCl, because coal may be a source of these
emissions, we are soliciting comment on a requirement that performance
tests for THC and HCl be performed upstream of the coal mill. For
mercury, we are soliciting comment on a requirement that tests be
required downstream to account for any mercury removal in the coal mill
air pollution control device (APCD), and to avoid double counting
emissions of mercury from mercury that becomes re-entrained in the
coal, which is then burned by the cement kiln (which emissions are
otherwise accounted for in the NESHAP).
We note further that an analogous situation is when a cement kiln
has an alkali bypass which receives and exhausts emissions from the
kiln. We are proposing that these emissions be subject to controls
reflecting the same principle--the total emissions of the kiln and
alkali bypass must meet the subpart LLL NESHAP. We are also proposing
to use the same monitoring procedures to document compliance. The one
(slight) exception is for PM. Because there is no independent PM
standard for an alkali bypass (unlike the situation for coal mills,
where subpart Y regulates PM emissions), the summed PM emissions from
the kiln and alkali bypass would have to be equal to or less than the
PM limit in the subpart LLL NESHAP. Tests for PM from the alkali bypass
would be downstream of the alkali bypass APCD to account for those
emission reductions. Though we are not proposing the coal mill
requirements in this action, we have placed the appropriate regulatory
text in the proposed rule language to allow comment on actual rule
language.
We expand on these monitoring provisions below.
1. Mercury. Although mercury from the main stack is monitored using
a CEMS, there is no need for such monitoring for the gas streams from
the coal mill. The gas stream to the coal mill is small in comparison
to the kiln exhaust, operation of the coal mill is intermittent, and
the cost of requiring additional CEMS for coal mills would be overly
burdensome. Instead, the performance tests for mercury could be
conducted at such a coal mill once per year, and, as explained above,
that the tests be conducted downstream of the coal mill. Performance
tests for mercury could be conducted using either Methods 29 or 30B in
Appendix A-8 to 40 CFR Part 60. These performance tests could be
required annually until the tested mercury levels are below the method
detection limits for two consecutive years, after which tests may be
conducted every 30 months. If test results at any time exceed the
method detection limit, annual performance testing could again be
required until mercury levels are below the method detection limit for
two consecutive years. The results of the performance test could then
be summed with the emissions from the kiln stack to determine
compliance with the mercury emissions limit. Since kiln stack emissions
are measured continuously with a CEMS, the coal gas emissions could be
normalized on both a CEMS and production basis (lb/MM ton

[[Page 42384]]

clinker) in order to be summed with the kiln stack emissions. To do so,
the flow rate to the coal mill could be continuously monitored. Using
the results of the annual performance test and the continuous flow rate
from the coal mill, the owner or operator could develop a mercury
hourly mass emission rate for the coal mill. Hourly mercury emissions
from the coal mill could be summed with the mercury emissions from the
kiln to determine continuous compliance as follows:

((QabxCab) + (QcmxCcm) + (QksxCks))/P <= MACT Limit

Where:

Qab = Alkali bypass flow rate (volume/hr)

Cab = Alkali bypass concentration (lb/dscf)
Qcm = Coal mill flow rate (volume/hr)
Ccm = Coal mill concentration (lb/dscf)
Qks = Kiln stack flow rate (volume/hr)
Cks = Kiln stack concentration (lb/dscf)
P = Kiln production rate (million tons clinker/hr)
MACT Limit = Limit for mercury (55 lb mercury/MM tons clinker)

This equation requires all values to be at or corrected to 7
percent O2.
Thus, if the normalized test results at the coal mill control
device outlet shows mercury emissions of 10 lb/MM tons clinker,
emissions from the kiln should be less than 45 lb/MM tons of clinker to
be in compliance with the proposed kiln mercury emissions limit. See
section 63.1350(k)(5).
For kilns also equipped with an alkali bypass, the same procedure
as that for the coal mill would apply. Where a portion of kiln gases
are diverted to a coal mill and to an alkali bypass, emissions from the
coal mill and alkali bypass would be tested, normalized and summed and
with the mercury emissions from the kiln to determine compliance with
the emissions limit.
2. THC and HCl. Because THC and HCl are concentration-based limits,
the compliance demonstration could differ in certain details from the
procedure described above for the production based limits for mercury.
Kiln stack emission limits (to be continuously monitored) could be
calculated taking into consideration the volumetric exhaust gas flow
rates and concentrations of all applicable effluent streams (kiln
stack, coal mill, and alkali bypass) for the kiln unit as follows:
[GRAPHIC] [TIFF OMITTED] TP18JY12.000

Where:

Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd)
Qcm = Coal mill flow rate (volume/hr)
Ccm = Coal mill concentration (ppmvd)e
Qks = Kiln stack flow rate (volume/hr)
Cks = Kiln stack concentration (ppmvd)
MACT Limit = Limit for THC or HCl (ppmvd)

This equation requires all values to be at or corrected to 7 percent
O2.\13\
---------------------------------------------------------------------------

\13\ The proposed approach is conceptually similar to that for
PM from multiple sources discussed in K. above--an equation which
accounts for the flow-weighted concentration of PM from all sources.

In order to determine the flow rates and concentrations of THC and
HCl in the coal mill and alkali bypass streams, the source could test
annually using the appropriate test method and could monitor the flow
rate of the kiln stack with CMS. For HCl, the performance test could be
performed using Method 321 in Appendix A to 40 CFR Part 63. For
measurement of THC, Method 25A in Appendix A-7 to 40 CFR Part 60 could
be required. With these data, the concentration of THC and HCl that
must be monitored in the CEMS in order to demonstrate compliance with
the kiln MACT limit under this proposal can be calculated by solving
for Cks (kiln stack concentration) from the equation above, as shown:
[GRAPHIC] [TIFF OMITTED] TP18JY12.001

This equation is based on the following:
The total allowable mass emissions of THC and HCl for the
kiln unit can be determined with the sum of all flow rates (coal mill,
alkali bypass and kiln stack) and the applicable NESHAP limit (THC or
HCl) concentration. This yields the total allowable mass emissions per
unit of time for the kiln unit according to the MACT limits and the
site specific flow rates for the coal mill, alkali bypass and kiln
stack.
By testing the coal mill and alkali bypass streams for
concentration and flow rate, the actual mass of THC and HCl emitted per
unit of time can be determined.
Subtracting the actual mass emissions of THC and HCl
leaving the coal mill and alkali by pass from the total allowable mass
emissions for the kiln unit determines the remainder of allowable mass
emissions that can be emitted through the kiln stack.
With knowledge of the flow rate at the kiln stack
(measured by CMS) and the allowable mass emissions (i.e. remainder)
that can be emitted through the kiln stack, a site specific
concentration can be determined. The equation above provides a
simplified approach to determining this value.
The following example indicates how compliance could be
demonstrated. In this example, we assume a kiln stack, coal mill and
alkali bypass with the following volumetric flow rates and THC
concentrations:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Effluent stream Flow
THC concentration Notes MACT LIMIT
rate
(ppmvd) (ppmvd)
(dscm/hr)
(@7% O2) (@7% O2)
----------------------------------------------------------------------------------------------------------------
Alkali Bypass................ Qab.... 38,233 Cab.... 56 Determined 24
through test.
Coal Mill.................... Qcm.... 57,349 Ccm.... 56 Determined
through test.
Kiln Stack................... Qks.... 286,746 Cks.... ? Flow rate
monitored by
CMS.
----------------------------------------------------------------------------------------------------------------

[[Page 42385]]

With the simplified equation provided above, the THC value that
must not be exceeded in the kiln stack (verified with CEMS) is
determined as follows:
[GRAPHIC] [TIFF OMITTED] TP18JY12.002

Using the equation above, Cks is less than or equal to 13.3 ppmvd @
7 percent O2. This value could be monitored by a CEMS in
order to demonstrate compliance with the NESHAP limit--i.e., to
demonstrate that the summed values are less than or equal to the
standard of 24 ppmvd.
The requirements for THC and HCl could be essentially the same as
that for mercury (except that limits are concentration based as opposed
to production-normalized mass based): the flow-weighted averages of THC
and HCl could be less than or equal to the subpart LLL NESHAP. The kiln
stack emissions are measured by a CEMS (for THC) or by other applicable
means (for HCl). The flow-weighted contributions from other sources
(the alkali bypass and the kiln exhaust diverted to the coal mill)
could be assessed by annual testing and applied continuously with flow
being measured continuously (explained further in the next paragraph).
As noted above, testing of the kiln exhaust diverted to the coal mill
could be conducted upstream of the coal mill for THC and HCl so that
only the kiln exhaust contribution is assessed.
To monitor compliance continuously, the gas flow rate from the coal
mill could be monitored continuously. This flow rate measured during
the annual performance test could be the maximum flow rate allowed
during the year. If a higher flow rate is observed, the owner/operator
could retest THC and HCl to obtain a new flow-weighted concentration
which would be summed with the kiln main stack THC or HCl concentration
to determine whether the kiln is still in compliance. Because of this
requirement, the owner/operator should perform their test at a flow
rate that would cover the range of conditions expected.
3. PM. As explained above, in the situation where a cement kiln
diverts some exhaust to an integrated coal mill, the coal mill could
meet the subpart Y standards, and the kiln could meet the subpart LLL
NESHAP standard but would not have to account for the diverted exhaust
in doing so. In all other situations, PM contribution from a coal mill
(or from an alkali bypass) could be accounted for via the equation
discussed in section J above. If the alkali bypass discharges
separately, it would have to sum its PM emissions with those from the
main stack and the summed emissions would have to be less than or equal
to the subpart LLL NESHAP standard for PM.
As a result of this revision, we would also include a revised
definition of ``kiln'' to clarify that coal mills using kiln exhaust
gases in their operation are considered to be an integral part of the
kiln (and hence subject to these standards). We would also include a
definition for ``in-line coal mill'' for those coal mills using kiln
exhaust gases in their process. The definition would exclude coal mills
with a heat source other than the kiln or coal mills using exhaust
gases from the clinker cooler.

M. PM Standard for Modified Sources Under the NSPS

The EPA adopted the level of the new source standard under the
NESHAP as the NSPS for both new and modified kilns and clinker coolers.
See 75 FR 54996 (September 9, 2010). As the PCA noted in its
reconsideration petition, there need not be functional equivalence
between the NESHAP and NSPS PM limits for modified kilns and clinker
coolers. The PCA also noted that the NSPS for modified kilns and
clinker coolers could have associated costs which need to be accounted
for pursuant to CAA section 111(a)(1). Since such kilns and clinker
coolers would not be subject to the section 112(d) new source standard,
any costs for such modified kilns and clinker coolers to control PM to
the new source limit could not be attributed to the section 112(d) new
source limit. In addition, the PCA noted that existing Portland cement
kilns cannot be assumed to find ways to avoid triggering the NSPS
modification criteria when making physical or operational changes due
to the stringency of the newly adopted standards for PM.
The EPA believes that the PCA's arguments on this point have merit.
Under the September 2010 final NESHAP, existing kilns and clinker
coolers are subject to the PM limit of 0.04 lb/ton clinker. If the kiln
or clinker cooler undergoes modification, it would continue to be
subject to 0.04 lb/ton limit, but would now be subject as well to the
NSPS limit of 0.01 lb/ton clinker. Notwithstanding that there are
independent justifications under section 111 that could justify this
result (see PCA v. EPA, 665 F 3d at 190-91), the EPA believes, subject
to consideration of comment, that it is more appropriate for modified
kilns and clinker coolers to meet the NESHAP PM limit for existing
sources. We are proposing that existing kilns and clinker coolers that
are subject to the NESHAP existing source emissions limit would
continue to be subject to that limit and not to the more stringent
limit for new sources under the NSPS. This would be a limit of 0.07 lb
per ton clinker, three-run average based on Method 5 stack testing as
explained in section D above. The parametric monitoring using a CPMS
would likewise apply, as would the requirement of annual stack tests.
We have justified the PM standard for modified kilns and clinker
coolers under section 111 and need not repeat that rationale here. See
PCA v. EPA, 655 F. 3d at 190-91. This analysis continues to apply when
the standards are based on stack tests rather than CEMS and no longer
use a 30-day averaging period. The EPA also finds that the costs of
meeting the incrementally more stringent proposed new source limit of
0.02 lb/ton clinker (three-run average) are not justified for modified
kilns and clinker coolers. For an existing kiln to reduce emissions
from 0.07 to 0.02 lb/ton clinker would result in a modest reduction in
PM emissions at a cost of more than $21,000 per ton of PM reduced (the
extra cost being attributable to more frequent replacement of bags) and
greater still if sources are able to comply with the proposed limit by
using controls other than a fabric filter or different types of fabric
filters.

N. Proposed NESHAP Compliance Date Extension for Existing Sources

Under section 112 (i)(a)(3) of the Act, the EPA may reset
compliance dates for section 112 (d) emission standards if the EPA
amends the standards themselves (as opposed to amending some ancillary
feature of the standards relating to implementation). See NRDC v. EPA,
489 F. 3d 1364, 1373-74 (D.C. Cir. 2007).

[[Page 42386]]

Such a resetting would be appropriate if the standards are changed in
such a way as to warrant more time for compliance, either to develop
necessary controls or to otherwise significantly alter control
strategy. Cf. PCA v. EPA, 655 F. 3d at 189. (Staying NESHAP standards
for clinker piles because ``the standards could likely change
substantially. Thus, industry should not have to build expensive new
containment structures until the standard is finally determined''). The
EPA believes that may be the case here. Subject to consideration of
public comment, the proposed amendments to the PM standard could
significantly alter compliance strategies for all of the regulated HAP.
The EPA is accordingly proposing that the compliance date for the PM,
THC, mercury and HCl standards for existing sources for kilns, clinker
coolers and raw material dryers be extended until September 10, 2015, a
2-year extension of the current compliance date.\14\ We believe that
this date would require compliance ``as expeditiously as practicable''
as required by section 112 (i)(3)(A) of the Act.\15\
---------------------------------------------------------------------------

\14\ This date would be approximately 2 years and 10 months from
the December 20, 2012, signature date for final action called for in
the draft settlement agreement between EPA and PCA. See 77 FR 27055
(May 8, 2012).
\15\ If the EPA were to adopt a THC standard of 15 ppmvd (see
section III.C.2 above), an extension of 3 years from the date of
final action would be needed since many kilns' control strategies
for organics controlled would be fundamentally altered.
---------------------------------------------------------------------------

The EPA is proposing to amend the standards for PM, changing the
compliance regime from CEMS-based to stack-test based, changing the
averaging time for compliance, and changing the level of the standard.
These proposed changes, in and of themselves, may occasion the need for
additional time to study the possibility of different control
strategies than are available under the 2010 final rule.
The EPA believes that different compliance strategies may now be
available. The 2010 PM standard is achievable but requires the most
advanced fabric filters, membrane bags, frequent bag replacement and
maintenance. See Docket item EPA-HQ-OAR-2002-0051-3438. The proposed
standard of 0.07 lb/ton of clinker (3-run stack test) may be achievable
by other means. Potential compliance strategies include use of
electrostatic precipitators (ESP) (or an ESP with a polishing baghouse
or cyclone), or using a different type of baghouse. Baghouses could,
for example, be sized smaller, could use cloth rather than membrane
bags, or could use other variants The proposed change in the PM limit
may also allow some sources to comply using their existing PM control
device. As a result, they may be able to cancel a planned upgrade to
membrane fabric filters or a replacement of their existing device with
a new one. The PM standard also applies to clinker coolers, and sources
may be able to meet the 0.07 lb/ton clinker standard with an existing
control device for a clinker cooler. See PCA, The Impact of a Change in
the Cement NESHAP PM limit on Compliance Strategies and Schedules,
April 9, 2012; and PCA letter, Implications of Altered PM Limit on PCA
Technology Analysis, May 24, 2012. We note that in the database for the
2010 standards, six cement kilns with ESP already were meeting the 0.07
lb/ton clinker standard for PM which we are proposing here. See
Portland Cement Reconsideration TSD, Section 9. The proposal to amend
the standard for PM has implications for all of the standards, not just
those for PM. The standards for mercury, HCl and THC all rely (or may
rely) on control strategies involving injection and removal of added
particulates, whether in the form of activated carbon, or dry or wet
sorbent injectant. See Docket item EPA-HQ-OAR-2002-0051-3438, section
2. A change in the PM standard thus affects these collateral PM control
strategies as well. For example, it may be possible for a single PM
control device to meet the proposed 0.07 lb/ton clinker standard and
also control the auxiliary PM collected from control of the other HAP,
making polishing filters unnecessary.\16\ Conversely, a central
baghouse to meet a 0.07 lb/ton clinker standard may be sized smaller,
but this may necessitate adding polishing filters to capture PM from
control of the other HAP.
---------------------------------------------------------------------------

\16\ The EPA did not believe this possible under the 2010 PM
standard, and costed polishing filters in all instances. See EPA-HQ-
OAR-2002-0051-3438.
---------------------------------------------------------------------------

New compliance strategies require time to implement. New
engineering studies are needed, potential suppliers identified, and a
new bidding/procurement process undertaken. Significant plant redesign,
in the form of new ductwork and new fan design, and changes in the main
control equipment may be needed. See U.S. EPA, Engineering and Economic
Factors Affecting the Installation of Control Technologies for
Multipollutant Strategies, October 2002. Depending on the type of
control, this normally requires 15-27 months. Multiple control systems
will take longer. Id. Installation of controls at cement kilns normally
occurs during winter months (to coincide with kiln outages during low
production seasons). Putting this together, it tentatively appears that
summer of 2015 would be an expeditious compliance date, and the EPA is
proposing to extend the existing source compliance date until September
9, 2015.
The EPA also solicits comment on a shorter extension. The industry
here is not starting from scratch. There should be on-going planning to
meet the standards promulgated in 2010 which could shorten the time
needed to come into compliance with these proposed revised standards
(should the EPA adopt them). Moreover, as explained below, we calculate
that sources will need to design controls to meet virtually the same
average performance for PM under the proposed standard of 0.07 lb/ton
clinker (Method 5) as they would under the promulgated standard of 0.04
lb/ton clinker (30-day average). Again, this could dovetail with on-
going compliance efforts and shorten the time needed to come into
compliance with a revised standard. Consequently, the EPA solicits
comment on a compliance extension until September 2014 (1 year from the
current compliance date). This type of extension would recognize that
additional time for compliance is needed, and accommodate cement kilns'
operating cycle (leaving winter months for control equipment
deployment), but recognize that the industry is not starting from
scratch. Commenters should take into account that individual sources
could still apply to permit writers for an additional extension of one
year under section 112 (i)(3)(B) in instances where it is not possible
to install control equipment within the specified period.
Notwithstanding that we believe that the proposed PM standard may
create new and lower cost opportunities for compliance, we believe the
overall emission reductions from the standard to be roughly the same
(except that full compliance will not occur until September 9, 2015 as
noted below). We believe that sources will still need to design to meet
essentially the same daily average as they would under the 2010
standard. That is, sources do not design to meet a standard, but rather
to meet a level comfortably lower. They do so in order to provide a
compliance margin on those days where emissions rise due to inherent
and uncontrollable variability. See Docket item EPA-HQ-OAR-2002-0051-
3438, section 2. The difference is too small to be reliably quantified.
We have recalculated a design value (i.e. the level to which kilns
would design to meet the existing source standard) under the proposal.

[[Page 42387]]

The calculated design value, which reflects the average PM emissions
from the sources used to establish the floor in this proposed rule,
would be 0.02655 lb/ton clinker vs. a calculated design value of
0.02296 lb/ton clinker under the final rule. See Portland Cement
Reconsideration TSD section 9. These calculations are not so precise as
to reliably predict to the third decimal point to the right of zero, so
this difference should be viewed as suggesting a directional difference
in the standards. Viewed as a type of bounding, directional difference,
the difference in design values would be approximately 1.7 percent.

Table 4--Comparison of Nationwide PM Emissions From 2010 Rule to This Proposed Rule
[TSD, section 9]
----------------------------------------------------------------------------------------------------------------
2010 rule Proposed rule Increment
----------------------------------------------------------------------------------------------------------------
Emissions limit (lb/ton clinker......... 0.04 30-day average....... 0.07 average of three one- NA
hour stack tests.
MACT average emissions for compliance 0.02296................... 0.02655................... 0.00359
(lb/ton clinker.
2010 baseline emissions (tons/yr)....... 10,326.................... 10,326.................... NA
Nationwide emissions reduction (tons/yr) 9,489..................... 9,354..................... -135
----------------------------------------------------------------------------------------------------------------

Under the proposed revisions, full compliance would occur in
September, 2015, along with the costs and benefits associated with full
compliance. However, because facilities will begin installing or
retrofitting controls prior to the full compliance date, the full
benefits and costs would be phased-in over 2 years with the full
benefits and costs realized by 2015.

O. Eligibility To Be a New Source

The EPA is not proposing a new date for new source eligibility.
Thus, a source which commenced construction, modification, or
reconstruction after May 6, 2009, would remain subject to the new
source standard. Section 112(a)(4) of the Act defines a new source as a
stationary source ``the construction or reconstruction of which is
commenced after the Administrator first proposes regulations under this
section establishing an emissions standard applicable to such source.''
The EPA views the new source compliance date trigger (the date the EPA
``first proposes regulations * * *.'') to be the date the rulemaking
record under which a standard is developed is proposed. See 74 FR 21158
(May 6, 2009). (This interpretation was not challenged in the
underlying rulemaking and the EPA is not reopening it here, but rather
is applying it.) Here the key record information is what new sources
would need to do to comply and whether there is any change. It is the
EPA's initial technical judgment that new sources would have to adopt
the same control strategy--use of the same size fabric filter with
membrane bags--under an amended standard of 0.02 lb/ton clinker (stack
test) as they would under the promulgated standard of 0.01 lb/ton
clinker (30-day average). A standard of 0.02 lb/ton clinker (stack
test) remains very stringent and cannot be met (in the EPA's view)
without using appropriately optimized baghouses and membrane bags. If
this is correct (and the EPA solicits comment on the issue), then new
sources would not need additional time and would follow through on
their present control strategies. We also have performed the same type
of analysis regarding the design value to which new sources would need
to design under this proposal, reflecting the average performance of
the best performing similar source. We believe that there would be no
change, corroborating our engineering judgment that new sources will
adopt the same control strategy under the proposed standard as under
the promulgated standard. See Portland Cement Reconsideration TSD
section 9. Consequently, the EPA is not proposing to alter the new
source eligibility date of May 6, 2009.

IV. Other Proposed Testing and Monitoring Revisions

Following the September 2010 promulgation of the final rule, we
found the following errors and omissions in the testing and monitoring
provisions and are proposing to correct them.
Equations for calculating rolling operating day emissions
rates.
Definition or procedures that include extraneous wording.
Incorrect units in equations.
Cross references and typographical errors in the rule.

We are proposing revisions that will clarify that data collected as
part of relative accuracy test audits and performance tests are to be
submitted to the EPA using their Electronic Reporting Tool. For sources
that are required to monitor HCl emissions with a CEMS, we are revising
the requirements for using HCl CEMS to define the span value for this
source category, to include quality assurance measures for data
collected under ``mill off'' conditions, and to clarify use of PS 15.

In the September 9, 2010, final rule we noted that raw material
dryers have high O2 contents due to their inherent operation
characteristics (and not due to the addition of dilution air).
Referencing the raw material dryer standard to 7 percent O2
would actually result in a more stringent standard than for cement
kilns. For example, given the typical O2 contents of kiln
exhaust (7 to 12 percent), a kiln just meeting the THC limit of 24
ppmvd would have an actual stack measurement of approximately 16 to 24
ppmvd. If the raw material dryer standard is referenced to the same
O2 level, they would have to meet a measured THC limit of
approximately 3 ppmvd. For this reason, we referenced the O2
level of the standard for raw materials dryers to 19 percent
O2, which is the typical O2 level found in the
exhaust of these devices. However industry commented that, due to these
high O2 contents, the inherit measurement errors present in
O2 monitors causes high variability in the correction
factor, even with a 19 percent reference value, and in some cases
results in a negative factor. Given these errors and the fact that raw
materials dryers operate at such high O2 concentrations
during normal operation we are removing the O2 correction
factors for raw material dryers.
The EPA is also proposing minor, non-substantive changes to the
provisions listed below. These changes are largely for ease of
readability or clarity, and do not reopen, reassess or otherwise
reconsider these provisions' substance. The minor editorial and
clarifying changes were made in the following sections and paragraphs:
Section 60.62(d).
Section 60.63(b)(1)(i) and (ii), (b)(2), (f)(1), (2), (4),
(5), (h)(1) and (6) through (9), (i).

[[Page 42388]]

Section 60.64(b)(2).
Section 60.66.
Section 63.1340(b)(6) through (8).
Section 63.1346(a) and (c) through (e).
Section 63.1348(a)(2), (3)(i) through (iii), (a)(4)(i)(A),
(a)(4)(ii) and (iv).
Section 63.1348(b)(1)(i), (iii) and (iv).
Section 63.1348(b)(3), (5), (6)(i), (8) and (c)(2)(iv).
Section 63.1349(a), (b)(3), (d)(1) and (d)(2) and (e).
Section 63.1350(d)(1)(i) and (ii), (f), (f)(2)(i) and
(iii), (f)(3), (f)(4), (g)(1) and (2), (k), (m)(10) and (11), (o) and
(p).
Section 63.1352(b).
Section 63.1356.

V. Other Changes and Areas Where We Are Requesting Comment

We are also proposing amendments to clarify various requirements in
this proposed rule including issues of applicability, treatment of
multiple sources that vent to a single stack, third party
certification, definitions, startup/shutdown reporting requirements,
malfunctions and use of bag leak detection systems when PM CPMS are in
use. We are also proposing to revise the definition of raw material
dryer to clarify that they may be used for removing the moisture from
materials other than kiln feed.
The EPA is proposing to amend 63.1354(c) for reporting startup,
shutdown and malfunctions when sources fail to meet a standard. We are
proposing language that requires sources that deviate from a standard
during startup, shutdown or malfunction to report the information
concerning such events in semi-annual compliance reports. We are
proposing that the report must contain the number, duration and cause
of such events (including unknown cause, if applicable), list the
affected source or equipment, the date and time that each event started
and stopped, an estimate of the volume of each regulated pollutant
emitted over the emission limit for which the source failed to meet a
standard, and a description of the method used to estimate the
emissions.
We note that while malfunction events may also be reported under
provisions related to assertion of an affirmative defense, this
separate malfunction reporting requirement is not redundant of the
affirmative defense reporting requirement because reporting of
malfunctions under the affirmative defense is not mandatory and would
occur only if a source chooses to take advantage of the affirmative
defense.
Changes to recordkeeping requirements. The EPA is also proposing to
amend section 63.1355(f) for recordkeeping for events of startup and
shutdown. Currently (f) requires a record of the occurrence and
duration of each startup or shutdown. The EPA is proposing to refine
this requirement based on the requirements applicable during periods of
startup and shutdown. Given that some affected sources under subpart
LLL are subject to a different standard during startup and shutdown, it
will be important to know when such startup and shutdown periods begin
and end in order to determine compliance with the appropriate standard.
Thus, the EPA is proposing to require that affected sources subject to
emission standards during startup or shutdown that differs from the
emission standard that applies at all other times (i.e., mercury and
PM) must record the occurrence and duration of such periods. The EPA is
also proposing to add a requirement that sources record an estimate of
the volume of emissions over the standard if the affected source fails
to meet a standard during either startup or shutdown, and record the
estimating technique.
The EPA is also proposing to amend (g)(1) to obtain similar
information on malfunction events. Currently this paragraph requires
the creation and retention of a record of the occurrence and duration
of each malfunction of process, air pollution control and monitoring
equipment. The EPA is proposing that this requirement apply only to
malfunctions that cause a failure to meet an applicable standard and is
requiring that the source record date and time of the malfunction
rather than ``occurrence.'' The EPA is also proposing to add to (g) the
requirement that sources keep records that include a list of the
affected source or equipment, an estimate of the volume of each
regulated pollutant emitted over the standard for which the source
failed to meet a standard, and a description of the method used to
estimate the emissions. The EPA is proposing to require that sources
keep records of this information to ensure that there is adequate
information to determine compliance during malfunction events, to allow
the EPA to determine the severity of the failure to meet the standard,
and to provide data that may document how the source met the general
duty to minimize emissions during recorded malfunction events.

VI. Summary of Cost, Environmental, Energy and Economic Impacts of
Proposed Amendments

A. What are the affected sources?

As noted in the promulgated rule, the EPA estimates that by 2013
there will be 100 Portland cement manufacturing facilities located in
the U.S. and Puerto Rico that are expected to be affected by that rule,
and, that approximately 5 of those facilities are complete new
greenfield facilities. All these facilities will operate 158 cement
kilns and associated clinker coolers. Of these kilns, 24 are CISWI
kilns and have been removed from our data set used to establish
existing source floors. Based on capacity expansion data provided by
the PCA, by 2013 there will be 16 kilns and their associated clinker
coolers subject to NESHAP new source emission limits for mercury, HCl
and THC, and seven kilns and clinker coolers subject to the amended
NSPS for NOX and SO2. Some of these new kilns
will be built at existing facilities and some at new greenfield
facilities.

B. How are the impacts for this proposal evaluated?

For these proposed amendments, we determined whether additional
control measures, work practices and monitoring requirements would be
required by cement manufacturing facilities to comply with the proposed
amendments. For any additional control measure, work practice or
monitoring requirement we determined the associated capital and
annualized cost that would be incurred by facilities required to
implement the measures. Finally, we considered the extent to which any
facility in the industry would find it necessary to implement the
additional measures in order to comply with the proposed amendments.
Using this approach, we assessed potential impacts from the proposed
revisions.
These proposed amendments affect the 2010 rule and are expected to
result in lower costs for the Portland cement industry. We are
evaluating the impacts of these proposed amendments relative to the
impacts estimated for the 2010 final rule. As explained in section N
above, the proposed amendment to the PM standard affords alternative
compliance opportunities for existing sources which are less costly.
These could be utilizing existing PM control devices rather than
replacing them (for example, retaining an ESP or a smaller baghouse),
or supplementing existing PM control rather than replacing it (putting
polishing controls ahead of the primary PM control device). Compliance
strategies for the other

[[Page 42389]]

HAP, all of which involve some element of PM control, also may be
affected. Cost savings from these alternatives could be significant.
For example, we have performed a case study from the data set used in
the 2010 impacts analysis. Under this proposed rule, an estimated 21
ESP-equipped kilns no longer need to install membrane bags on a
downstream polishing Fabric Filter (FF), and one FF retain their
standard fabric bags rather than replacing them with membrane bags. The
difference in annual cost for PM control under the proposal scenario
and the more stringent 2010 scenario is $4.2 million per year. That is,
under this proposed rule, the annual cost of compliance will be $4.2
million less than under the 2010 rule under this scenario (see Portland
Cement Reconsideration TSD, section 9). The EPA is not presently able
to further quantify potential costs of the proposed changes to the
emission standards. This is because the agency lacks the site-specific
information necessary to make the engineering determinations as to how
individual sources may choose to comply. There are also certain costs,
and cost savings, associated with other aspects of the proposal. There
may be a minor difference in costs of stack testing for PM and use of a
CPMS, rather than use of a PM CEMS. However, since the PM CEMS would be
calibrated based on stack testing, and the CPMS is the same type of
device as a PM CEMS, the EPA does not believe there is any significant
cost difference between these provisions.
The proposed revisions to the alternative organic HAP standard
(from 9 ppm to 12 ppm, reflecting the analytic method practical
quantitation limit) would not require additional controls or
monitoring. The EPA accordingly does not estimate that there would be
any cost (or emission reduction benefit) associated with this proposal.
The proposed revisions for open clinker storage piles codify
current fugitive dust control measures already required by most states,
thus no impacts are expected. These proposed standards would be
significantly less expensive than the controls for open piles in the
2010 final rule, which required enclosures.
Although we are reproposing the affirmative defense provisions,
impacts were not accounted for in the 2010 rulemaking. Thus, we have
estimated the additional industry burden associated with the
affirmative defense provisions. We estimate the additional cost is
$3,142 per year for the entire industry. See Supporting Statement in
the docket. One of the proposed revisions would allow sources that
control acid gases, including HCl, with dry caustic scrubbers to use
periodic performance testing and parameter monitoring rather than with
HCl CEMS. This will provide those sources with additional flexibility
in complying with the HCl standards. The proposed revision to the
alternative PM emissions limit provisions merely recognizes that
sources other than the clinker cooler may combine their exhaust with
the kiln exhaust gas and corrects the equation for calculating the
alternative limit. Therefore, there should be no impacts from this
proposed revision. The proposal to use recordkeeping as the monitoring
mechanism for the startup and shutdown standards should also result in
cost savings because facilities in the industry already keep records on
feed and fuel usage and they will not have to install and operate CEMS
for these periods. CEMS for monitoring all HAP or HAP surrogates could
cost each facility $569,000 in capital cost and annualized costs of
$198,000. See EPA-HQ-OAR-2002-0051-3438.
The proposed revisions for new testing and monitoring of coal mills
that use kiln exhaust gases to dry coal and exhaust through a separate
stack are not expected to have significant impacts. The proposed
revision would make existing kilns that undergo a modification, as
defined by NSPS, subject to the NESHAP PM standard for existing source
rather than the PM limit for new sources. This proposed revision is
correcting an inadvertent conflict between the two rules and will not
result in any impacts.

C. What are the air quality impacts?

In these proposed amendments, emission limits for mercury, THC and
HCl are unchanged from the 2010 rule. Thus, we expect no change in
emissions from the 2010 rule for these HAP and HAP surrogates. The
alternative HAP organic standard would be amended to 12 ppm, but as
this reflects the practical quantitative limit of detection, it is not
clear if additional emissions are associated with the proposed standard
since a lower standard would not be measured reliably.
For PM, the limit for existing sources would change from 0.04 lb/
ton clinker to 0.07 lb/ton clinker. The PM limit for new sources also
would be changed to 0.02 lb/ton clinker from 0.01 lb/ton clinker. The
standard would be measured on a 3-run basis rather than on a 30-day
basis with a CEMS. The proposed changes in the PM standards, while not
considered significant in absolute terms, may result in a small
increase in total nationwide emissions by allowing slightly more
variability, although we estimate that design values will be
essentially identical under the 2010 and proposed standard. See section
III.N above. As explained in the impacts analysis for the 2010 rule
(see Docket item EPA-HQ-OAR-2002-0051-3438), emission reductions were
estimated by comparing baseline emissions to the long-term average
emissions of the MACT floor kilns. The average emissions, rather than
the emissions limit, must be used because to comply with the limit all
or most of the time, emissions need to be reduced to the average of the
MACT floor kilns. Under the 2010 rule, the average PM emissions from
the existing floor kilns were 0.02296 lb/ton clinker. Under the
reconsideration, the average PM emissions of the existing floor kilns
is calculated to be 0.02655 lb/ton clinker although, as noted, this
difference is less than the normal analytic variability in PM
measurement methods and so must be viewed as directional rather than
precisely quantitative. The average emissions for new kilns did not
change and we believe new sources will have to adopt identical control
strategies as under the promulgated standards. We, therefore, are not
estimating an emission increase from new kilns. For existing kilns,
with an increase in PM emissions under the proposed rule of 0.00359 lb/
ton clinker compared to the 2010 rule, nationwide emissions of PM would
increase by 135 tons per year (0.00359 x 75,355,116/2000). Thus, the
EPA estimates that the main effect of this proposed rule for PM will be
to provide flexibility for those days when emissions increase as a
result of normal operating variability, but would not significantly
alter long-term average performance for PM.
Emission reductions under the 2010 rule and the proposed rule, in
2015, are compared in Table 5.

[[Page 42390]]

Table 5--Comparison of Nationwide PM Emissions From 2010 Rule to Proposed Rule in 2015
----------------------------------------------------------------------------------------------------------------
Kiln type 2010 rule Proposed rule Increment
----------------------------------------------------------------------------------------------------------------
Emissions limit (lb/ton clinker). Existing........... 0.04 (30-day 0.07 (3-run stack NA
average with a test).
CEMS).
MACT average emissions for Existing........... 0.02296............ 0.02655............ 0.00359
compliance (lb/ton clinker).
2010 baseline emissions (tons/yr) ................... 10,326............. 10,326............. NA
---------------------------------------------------------
Nationwide emissions Total.............. 9,489.............. 9,354.............. -135
reduction (tons/yr).
----------------------------------------------------------------------------------------------------------------

The EPA did not have sufficient information to quantify the overall
change in emissions for 2013 to 2015 that might arise due to the
proposed change in compliance dates. The EPA encourages comment on all
aspects of our analysis.

D. What are the water quality impacts?

None of the amendments being proposed will have significant impacts
on water quality. To the extent that the proposed revision affecting
dry caustic scrubbers encourages their use, some reduction in water
consumption may occur although we have no information upon which to
base an estimate.

E. What are the solid waste impacts?

None of the amendments being proposed today are expected to have
any solid waste impacts.

F. What are the secondary impacts?

Indirect or secondary air quality impacts include impacts that will
result from the increased electricity usage associated with the
operation of control devices as well as water quality and solid waste
impacts (which were just discussed) that will occur as a result of
these proposed revisions. Because we are proposing revisions that
reduce the stringency of the existing source emission limits PM from
the promulgated 2010 limits, we believe that some facilities may be
able to alter their strategy for complying with the standards for the
four pollutants to achieve compliance at a lower cost than possible
under the original standard. These types of determinations will be made
for each facility based on site-specific characteristics such as
process type, equipment age, existing air pollution controls, raw
material and fuel characteristics, economic factors and others.
Therefore, we are not able to reliably predict secondary impacts for
individual facilities or for the industry as a whole.

G. What are the energy impacts?

As discussed in the preceding section, because of the proposed
revisions to the PM emission limits, some facilities may be able to
develop more cost effective compliance strategies. However, we cannot
accurately predict the extent to which these site-specific compliance
strategies may increase or decrease energy demands.

H. What are the cost impacts?

Under the cost scenario discussed above, we estimate that there
could be savings of $12.2 million associated with alternative
compliance strategies for meeting amended PM standards and making
corresponding adjustments in compliance strategies for the other HAP.
Table 6 summarizes the costs and emissions reductions of this proposed
action.

Table 6--Costs and Emissions Reductions of Proposed Amendments Relative to the 2010 Rule a b c d e
----------------------------------------------------------------------------------------------------------------
Annualized
Proposed amendment Capital cost cost Emissions reduction
----------------------------------------------------------------------------------------------------------------
Revised PM standard........................... -$18,640,106 -$4,200,000 -135 tons/yr (emissions
increase)
Replace PM CEMS with PM CPMS.................. 0 -7,980,000 0
--------------------------------
Total..................................... -18,640,106 -12,180,000 ................................
----------------------------------------------------------------------------------------------------------------
\a\ See section III below for further discussion of impacts of the proposed amendments.
\b\ Negative numbers indicate cost savings or emissions increase. All costs are in 2005 dollars.
\c\ We also estimate that there will be a one-time cost of $25,000 for each facility to develop the calculation
that will allow them to demonstrate compliance during periods of startup and shutdown.
\d\ Emissions reductions are the total relative to the 2010 rule once full compliance is achieved in 2015.
\e\ Full compliance costs will not occur until September 9, 2015.

The cost information in Table 6 is in 2005 dollars at a discount rate
of 7 percent. The EPA did not have sufficient information to quantify
the overall change in benefits or impacts in emissions for 2013 to
2015.

Though we are not proposing the coal mill monitoring requirements
in this action, if we required it, sources with integral coal mills
that exhaust through a separate exhaust could potentially incur a
capital cost of $36,000 to install a continuous flow meter. The
annualized cost of a flow meter is $11,000. We do not have information
on the number of such coal mills in the industry that would allow us to
calculate nationwide costs. We also estimate that there will be a one-
time cost of $25,000 for each facility to develop the calculation that
will allow them to demonstrate compliance during periods of startup and
shutdown. With the proposed change to PM CPMS instead of CEMS, it is
estimated that the elimination of the PS correlation tests will result
in a savings of $60,000 per kiln.

I. What are the health effects of these pollutants?

In this section, we provide a qualitative description of benefits
associated with reducing exposure to PM2.5, HCl and mercury.
Controls installed to reduce HAP would also

[[Page 42391]]

reduce ambient concentrations of PM2.5 as a co-benefit.
Reducing exposure to PM2.5 is associated with significant
human health benefits, including avoiding mortality and morbidity from
cardiovascular and respiratory illnesses. Researchers have associated
PM2.5 exposure with adverse health effects in numerous
toxicological, clinical and epidemiological studies (U.S. EPA,
2009).\17\ When adequate data and resources are available and an RIA is
required, the EPA generally quantifies several health effects
associated with exposure to PM2.5 (e.g., U.S. EPA,
2011).\18\ These health effects include premature mortality for adults
and infants, cardiovascular morbidities such as heart attacks, hospital
admissions, and respiratory morbidities such as asthma attacks, acute
and chronic bronchitis, hospital and emergency department visits, work
loss days, restricted activity days, and respiratory symptoms. Although
the EPA has not quantified certain outcomes including adverse effects
on birth weight, pre-term births, pulmonary function and other
cardiovascular and respiratory effects, the scientific literature
suggests that exposure to PM2.5 is also associated with
these impacts (U.S. EPA, 2009). PM2.5 also increases light
extinction, which is an important aspect of visibility (U.S. EPA,
2009).
---------------------------------------------------------------------------

\17\ U.S. Environmental Protection Agency (U.S. EPA). 2009.
Integrated Science Assessment for Particulate Matter (Final Report).
EPA-600-R-08-139F. National Center for Environmental Assessment-RTP
Division. Available on the Internet at https://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546.
\18\ U.S. Environmental Protection Agency (U.S. EPA). 2011.
Regulatory Impact Analysis for the Federal Implementation Plans to
Reduce Interstate Transport of Fine Particulate Matter and Ozone in
27 States; Correction of SIP Approvals for 22 States. Office of Air
and Radiation, Research Triangle Park, NC. Available on the Internet
at https://www.epa.gov/airtransport/pdfs/FinalRIA.pdf.
---------------------------------------------------------------------------

Hydrogen chloride (HCl) is a corrosive gas that can cause
irritation of the mucous membranes of the nose, throat and respiratory
tract. Brief exposure to 35 ppm causes throat irritation, and levels of
50 to 100 ppm are barely tolerable for 1 hour.\19\ The greatest impact
is on the upper respiratory tract; exposure to high concentrations can
rapidly lead to swelling and spasm of the throat and suffocation. Most
seriously exposed persons have immediate onset of rapid breathing, blue
coloring of the skin and narrowing of the bronchioles. Exposure to HCl
can lead to RADS, a chemically- or irritant-induced type of asthma.
Children may be more vulnerable to corrosive agents than adults because
of the relatively smaller diameter of their airways. Children may also
be more vulnerable to gas exposure because of increased minute
ventilation per kilograms and failure to evacuate an area promptly when
exposed. Hydrogen chloride has not been classified for carcinogenic
effects.\20\
---------------------------------------------------------------------------

\19\ Agency for Toxic Substances and Disease Registry (ATSDR).
Medical Management Guidelines for Hydrogen Chloride. Atlanta, GA:
U.S. Department of Health and Human Services. Available online at
https://www.atsdr.cdc.gov/mmg/mmg.asp?id=758&tid=147#bookmark02.
\20\ U.S. Environmental Protection Agency (U.S. EPA). 1995.
Integrated Risk Information System File of Hydrogen Chloride.
Research and Development, National Center for Environmental
Assessment, Washington, DC. This material is available
electronically at https://www.epa.gov/iris/subst/0396.htm.
---------------------------------------------------------------------------

Mercury in the environment is transformed into a more toxic form,
methylmercury (MeHg). Because mercury is a persistent pollutant, MeHg
accumulates in the food chain, especially the tissue of fish. When
people consume these fish, they consume MeHg. In 2000, the NAS Study
was issued which provides a thorough review of the effects of MeHg on
human health (NRC, 2000).\21\ Many of the peer-reviewed articles cited
in this section are publications originally cited in the MeHg Study. In
addition, the EPA has conducted literature searches to obtain other
related and more recent publications to complement the material
summarized by the NRC in 2000.
---------------------------------------------------------------------------

\21\ National Research Council (NRC). 2000. Toxicological
Effects of Methylmercury. Washington, DC: National Academies Press.
---------------------------------------------------------------------------

In its review of the literature, the National Academy of Science
(NAS) found neurodevelopmental effects to be the most sensitive and
best documented endpoints and appropriate for establishing an oral
reference dose (RfD) (National Research Council (NRC), 2000); in
particular NAS supported the use of results from neurobehavioral or
neuropsychological tests. The NAS report noted that studies in animals
reported sensory effects as well as effects on brain development and
memory functions and support the conclusions based on epidemiology
studies. The NAS noted that their recommended endpoints for an RfD are
associated with the ability of children to learn and to succeed in
school. They concluded the following: ``The population at highest risk
is the children of women who consumed large amounts of fish and seafood
during pregnancy. The committee concludes that the risk to that
population is likely to be sufficient to result in an increase in the
number of children who have to struggle to keep up in school.''
The NAS summarized data on cardiovascular effects available up to
2000. Based on these and other studies, the NRC concluded that
``Although the data base is not as extensive for cardiovascular effects
as it is for other end points (i.e. neurologic effects) the
cardiovascular system appears to be a target for MeHg toxicity in
humans and animals.'' The NRC also stated that ``additional studies are
needed to better characterize the effect of methylmercury exposure on
blood pressure and cardiovascular function at various stages of life.''
Additional cardiovascular studies have been published since 2000.
The EPA did not to develop a quantitative dose-response assessment for
cardiovascular effects associated with MeHg exposures, as there is no
consensus among scientists on the dose-response functions for these
effects. In addition, there is inconsistency among available studies as
to the association between MeHg exposure and various cardiovascular
system effects. The pharmacokinetics of some of the exposure measures
(such as toenail mercury levels) are not well understood. The studies
have not yet received the review and scrutiny of the more well-
established neurotoxicity data base.
The Mercury Study \22\ noted that MeHg is not a potent mutagen but
is capable of causing chromosomal damage in a number of experimental
systems. The NAS concluded that evidence that human exposure to MeHg
caused genetic damage is inconclusive; they note that some earlier
studies showing chromosomal damage in lymphocytes may not have
controlled sufficiently for potential confounders. One study of adults
living in the Tapaj[oacute]s River region in Brazil (Amorim et al.,
2000) reported a direct relationship between MeHg concentration in hair
and DNA damage in lymphocytes; as well as effects on chromosomes.\23\
Long-term MeHg exposures in this population were believed to occur
through consumption of fish, suggesting that genotoxic effects (largely
chromosomal aberrations) may result from dietary, chronic MeHg
exposures similar to and above those seen in the Faroes and Seychelles
populations.
---------------------------------------------------------------------------

\22\ U.S. Environmental Protection Agency (U.S. EPA). 1997.
Mercury Study Report to Congress, EPA-HQ-OAR-2009-0234-3054.
December. Available on the Internet at https://www.epa.gov/hg/report.htm.
\23\ Amorim, M.I.M., D. Mergler, M.O. Bahia, H. Dubeau, D.
Miranda, J. Lebel, R.R. Burbano, and M. Lucotte. 2000. Cytogenetic
damage related to low levels of methyl mercury contamination in the
Brazilian Amazon. An. Acad. Bras. Science. 72(4): 497-507.
---------------------------------------------------------------------------

Although exposure to some forms of mercury can result in a decrease
in

[[Page 42392]]

immune activity or an autoimmune response (ATSDR, 1999), evidence for
immunotoxic effects of MeHg is limited (NRC, 2000).\24\
---------------------------------------------------------------------------

\24\ Agency for Toxic Substances and Disease Registry (ATSDR).
1999. Toxicological Profile for Mercury. U.S. Department of Health
and Human Services, Public Health Service, Atlanta, GA.
---------------------------------------------------------------------------

Based on limited human and animal data, MeHg is classified as a
``possible'' human carcinogen by the International Agency for Research
on Cancer (IARC, 1994) and in IRIS (U.S. EPA, 2002).^{25 26}
The existing evidence supporting the possibility of carcinogenic
effects in humans from low-dose chronic exposures is tenuous. Multiple
human epidemiological studies have found no significant association
between mercury exposure and overall cancer incidence, although a few
studies have shown an association between mercury exposure and specific
types of cancer incidence (e.g., acute leukemia and liver cancer) (NRC,
2000).
---------------------------------------------------------------------------

\25\ U.S. Environmental Protection Agency (EPA). 2002.
Integrated Risk Information System (IRIS) on Methylmercury. National
Center for Environmental Assessment. Office of Research and
Development. Available online at https://www.epa.gov/iris/subst/0073.htm.
\26\ International Agency for Research on Cancer (IARC). 1994.
IARC Monographs on the Evaluation of Carcinogenic Risks to Humans
and their Supplements: Beryllium, Cadmium, Mercury, and Exposures in
the Glass Manufacturing Industry. Vol. 58. Jalili, H.A., and A.H.
Abbasi. 1961. Poisoning by ethyl mercury toluene sulphonanilide. Br.
J. Indust. Med. 18(Oct.):303-308 (as cited in NRC 2000).
---------------------------------------------------------------------------

There is also some evidence of reproductive and renal toxicity in
humans from MeHg exposure. However, overall, human data regarding
reproductive, renal, and hematological toxicity from MeHg are very
limited and are based on either studies of the two high-dose poisoning
episodes in Iraq and Japan or animal data, rather than epidemiological
studies of chronic exposures at the levels of interest in this
analysis.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it raises novel
legal or policy issues. Accordingly, the EPA submitted this action to
the OMB for review under Executive Orders 12866 and 13563 (76 3821,
January 21, 2011) and any changes made in response to OMB
recommendations have been documented in the docket for this action. A
RIA was prepared for the September 2010 final rule and can be found at:
https://www.epa.gov/ttn/ecas/regdata/RIAs/portlandcementfinalria.pdf.
The benefits, cost and economic analysis for the first year of full
compliance for the 2010 final rule are expected to be little changed
for the first year of full compliance for this action.

B. Paperwork Reduction Act

The information collection requirements in this proposed rule have
been submitted for approval to the OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
document prepared by the EPA has been assigned the EPA ICR number
1801.10 for the NESHAP and 1051.12 for the NSPS. The information
requirements are based on notification, recordkeeping and reporting
requirements in the NESHAP General Provisions (40 CFR part 63, subpart
A), which are mandatory for all operators subject to national emissions
standards. These recordkeeping and reporting requirements are
specifically authorized by CAA section 114 (42 U.S.C. 7414). All
information submitted to the EPA pursuant to the recordkeeping and
reporting requirements for which a claim of confidentiality is made is
safeguarded according to agency policies set forth in 40 CFR part 2,
subpart B.
We are proposing new paperwork requirements for the Portland Cement
Manufacturing source category in the form of a requirement to
incorporate fugitive dust control measures for clinker piles into their
existing operations and maintenance plan. We are also proposing to use
recordkeeping as the means of monitoring compliance with the startup
and shutdown standards.
For this proposed rule, the EPA is also proposing to add an
affirmative defense to the estimate of burden in the ICR. To provide
the public with an estimate of the relative magnitude of the burden
associated with an assertion of the affirmative defense position
adopted by a source, the EPA has provided administrative adjustments to
this ICR to show what the notification, recordkeeping and reporting
requirements associated with the assertion of the affirmative defense
might entail. The EPA's estimate for the required notification, reports
and records for any individual incident, including the root cause
analysis, totals $3,142 and is based on the time and effort required of
a source to review relevant data, interview plant employees, and
document the events surrounding a malfunction that has caused an
exceedance of an emissions limit. The estimate also includes time to
produce and retain the record and reports for submission to the EPA.
The EPA provides this illustrative estimate of this burden because
these costs are only incurred if there has been a violation and a
source chooses to take advantage of the affirmative defense.
Given the variety of circumstances under which malfunctions could
occur, as well as differences among sources' operation and maintenance
practices, we cannot reliably predict the severity and frequency of
malfunction-related excess emissions events for a particular source. It
is important to note that the EPA has no basis currently for estimating
the number of malfunctions that would qualify for an affirmative
defense. Current historical records would be an inappropriate basis, as
source owners or operators previously operated their facilities in
recognition that they were exempt from the requirement to comply with
emissions standards during malfunctions. Of the number of excess
emissions events reported by source operators, only a small number
would be expected to result from a malfunction (based on the definition
above), and only a subset of excess emissions caused by malfunctions
would result in the source choosing to assert the affirmative defense.
Thus we believe the number of instances in which source operators might
be expected to avail themselves of the affirmative defense will be
extremely small.
With respect to the Portland Cement Manufacturing source category,
the emissions controls are operational before the associated emission
source(s) commence operation and remain operational until after the
associated emission source(s) cease operation. Also, production
operations would not proceed or continue if there is a malfunction of a
control device and the time required to shut down production operations
(i.e., on the order of a few hours or a day) is small compared to the
averaging time of the emission standards (i.e., monthly averages).
Thus, we believe it is unlikely that a control device malfunction would
cause an exceedance of any emission limit. Therefore, sources within
this source category are not expected to have any need or use for the
affirmative defense and we believe that there is no burden to the
industry for the affirmative defense provisions in this proposed rule.
We expect to gather information on such events in the future and
will revise this estimate as better information becomes available. We
estimate 86 regulated entities are currently subject

[[Page 42393]]

to subpart LLL and will be subject to all proposed standards. The
annual monitoring, reporting and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the standards) for these amendments to subpart LLL is estimated to be
$352,814 per year. This includes 496 labor hours per year at a total
labor cost of $47,806 per year, and total non-labor capital and
operation and maintenance costs of $305,008 per year. This estimate
includes reporting and recordkeeping associated with the proposed
requirements for startup and shutdown and outdoor clinker piles. The
total burden for the federal government (averaged over the first 3
years after the effective date of the standard) is estimated to be 263
hours per year at a total labor cost of $11,885 per year. Burden is
defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
To comment on the agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, the EPA has established a public docket
for this proposed rule, which includes this ICR, under Docket ID number
EPA-HQ-OAR-2011-0817. Submit any comments related to the ICR to the EPA
and OMB. See the ADDRESSES section at the beginning of this notice for
where to submit comments to the EPA. Send comments to OMB at the Office
of Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, Attention: Desk Office for
the EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after July 18, 2012, a comment to OMB is best
assured of having its full effect if OMB receives it by August 17,
2012. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
For purposes of assessing the impact of this rule on small
entities, small entity is defined as: (1) A small business whose parent
company has no more than 750 employees depending on the size definition
for the affected NAICS code, as defined by the Small Business
Administration size standards; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
We estimate that 3 of the 26 existing Portland cement entities are
small entities. After considering the economic impacts of this proposed
rule on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Of the three affected small entities, all are expected to incur an
annual compliance cost of less than 1.0 percent of sales to comply with
this proposed rule (reflecting potential controls on piles, which are
likely to have lower cost when compared to the 2010 rule requirements
because these plants already have requirements for control of piles in
their Title V permits).
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of this proposed rule on small entities.
For example, we are proposing to expand the provision that allows
periodic HCl performance tests as an alternative to CEMS for sources
equipped with wet scrubbers to also apply to those sources that use dry
sorbent injection. This proposed rule would add an option for sources
using wet or dry scrubbers for HCl control that also use a CEMS for
SO2. These sources would now have the option of using their
SO2 CEMS in conjunction with a periodic stack test to
demonstrate compliance with the HCl standard. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

This action does not contain a federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for state, local or tribal governments or the private
sector. The action imposes no enforceable duties on any state, local or
tribal governments or the private sector. Thus, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments because it
contains no requirements that apply to such governments nor does it
impose obligations upon them.

E. Executive Order 13132: Federalism

This proposed action does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. None of the affected facilities
are owned or operated by State governments. Thus, Executive Order 13132
does not apply to this action.
In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
action from state and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Under the
provisions of this proposed rule, there may be an increase in mercury
emissions and metal HAP emissions although any increase will be minimal
because the same control technology that is necessary under the current
NESHAP will be needed to meet the proposed emissions limits. The more
stringent limitations of fugitive dust emissions from open clinker
piles may result in decreased risk to Indian tribal populations. Thus,
Executive Order 13175 does not apply to this action.
The EPA specifically solicits additional comment on this proposed
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation.

[[Page 42394]]

This action is not subject to Executive Order 13045 because it is based
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This proposed action is not a ``significant energy action'' as
defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)), because
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The proposed amendments do not require
the use of additional controls as compared to the 2010 rule and may
allow the industry to reduce its cost of compliance by increasing the
industry's flexibility to institute different and less costly control
strategies than under the 2010 rule.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113 (15 U.S.C. 272 note),
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs the EPA to provide Congress, through OMB, explanations when the
agency decides not to use available and applicable VCS.
This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

Executive Order 12898 (59 FR 7629) (February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
An analysis of demographic data was prepared for the 2010 final
rule and can be found in the docket for that rulemaking (EPA-docket no.
EPA-HQ-OAR-2002-0051-3415). The impacts of the 2010 rule, which assumed
full compliance, are expected to be unchanged as a result of this
action. Therefore, beginning from the date of full compliance, the EPA
has determined that this proposed rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. The full
benefits of this proposed rule will not result until 2015 due to the
proposed amended compliance date. The EPA has determined that the
proposed amended compliance date will not result in disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because the demographic analysis showed that the
average of populations in close proximity to the sources, and thus most
likely to be affected by the sources, were similar in demographic
composition to national averages.

List of Subjects in 40 CFR Parts 60 and 63

Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, Reporting and recordkeeping
requirements.

Dated: June 22, 2012.
Lisa P. Jackson,
Administrator.

For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 60--[AMENDED]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A--[Amended]

2. Section 60.17 is amended by revising paragraph (h)(4) to read as
follows:

Sec. 60.17 Incorporations by reference.

* * * * *
(h) * * *
(4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus] (issued August 31, 1981), IBR approved
for Sec. 60.56c(b) of subpart Ec, Sec. 60.63(f) of subpart F, Sec.
60.106(e) of subpart J, Sec. 60.104a(d), (h), (i) and, (j), Sec.
60.105a(d), (f), and (g), Sec. 60.106a(a), and Sec. 60.107a(a), (c),
(d), and (e) of subpart Ja, tables 1 and 3 of subpart EEEE, tables 2
and 4 of subpart FFFF, table 2 of subpart JJJJ, Sec. 60.4415(a) of
subpart KKKK, Sec. 60.2145(s) and, (t), Sec. 60.2710(s) (t), and (w),
Sec. 60.2730(q), Sec. 60.4900(b), Sec. 60.5220(b), tables 1 and 2 to
subpart LLLL, tables 2 and 3 to subpart MMMM, Sec. 60.5406(c) and
Sec. 60.5413(b).
* * * * *

Subpart F--[Amended]

3. Section 60.61 is amended by adding paragraphs (e) and (f) to
read as follows:

Sec. 60.61 Definitions.

* * * * *
(e) Excess emissions means, with respect to this subpart, results
of any required measurements outside the applicable range (e.g.,
emissions limitations, parametric operating limits) that is permitted
by this subpart. The values of measurements will be in the same units
and averaging time as the values specified in this subpart for the
limitations.
(f) Operating day means a 24-hour period beginning at 12:00
midnight during which the kiln operates at any time. For calculating
rolling 30-day average emissions, an operating day does not include the
hours of operation during startup or shutdown.
4. Section 60.62 is amended by:
a. Revising paragraphs (a)(1) and (a)(2);
b. Adding paragraph (a)(1)(iii)
c. Removing paragraph (b)(1)(i);
d. Redesignating paragraph (b)(1)(ii) as paragraph (b)(1)(i);
e. Revising paragraph (b)(1);
f. Removing paragraph (b)(2);
g. Redesignating paragraphs (b)(3) and (4) as (2) and (3);
h. Revising paragraph (d);
The revisions and deletion read as follows:

Sec. 60.62 Standards.

(a) * * *
(1) Contain particulate matter (PM) in excess of:
(i) [Reserved]
(ii) 0.02 pound per ton of clinker if construction or
reconstruction of the kiln commenced after June 16, 2008.
(iii) Kilns that have undergone a modification may not discharge
into the atmosphere any gases which contain PM in excess of 0.07 pound
per ton of clinker.
(2) [Reserved]
* * * * *
(b) On and after the date on which the performance test required to
be conducted by Sec. 60.8 is completed, you may not discharge into the
atmosphere

[[Page 42395]]

from any clinker cooler any gases which:
(1) Contain PM in excess of:
(i) 0.02 pound per ton of clinker if construction or reconstruction
of the clinker cooler commences after June 16, 2008.
(ii) Clinker coolers that have undergone a modification may not
discharge into the atmosphere any gases which contain PM in excess of
0.07 pound per ton of clinker.
* * * * *
(d) If you have an affected source subject to this subpart with a
different emissions limit or requirement for the same pollutant under
another regulation in title 40 of this chapter, you must comply with
the most stringent emissions limit or requirement and are not subject
to the less stringent requirement.
5. Section 60.63 is amended by:
a. Revising paragraphs (b)(1)(i) and (b)(1)(ii);
b. Adding paragraph (b)(1)(iii);
c. Revising paragraphs (b)(2) and (b)(3);
d. Removing paragraph (b)(4);
e. Revising paragraphs (c) through (f);
f. Revising paragraph (g) introductory text;
g. Revising paragraph (g)(2);
h. Revising paragraph (h) introductory text;
i. Revising paragraphs (h)(1) and (h)(6);
j. Revising paragraph (h)(7) introductory text;
k. Revising paragraph (h)(8) introductory text;
l. Revising paragraph (h)(9);
m. Revising paragraph (i) introductory text; and
n. Revising paragraph (i)(1) and (i)(1)(i).
The revisions, addition, and deletions read as follows:

Sec. 60.63 Monitoring of operations.

* * * * *
(b) * * *
(1) * * *
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates of the amount of
clinker produced in tons of mass per hour. The system of measuring
hourly clinker production must be maintained within 5
percent accuracy or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates of the amount of feed
to the kiln in tons of mass per hour. The system of measuring feed must
be maintained within 5 percent accuracy. Calculate your
hourly clinker production rate using a kiln specific feed-to-clinker
ratio based on reconciled clinker production rates determined for
accounting purposes and recorded feed rates. This ratio should be
updated monthly. Note that if this ratio changes at clinker
reconciliation, you must use the new ratio going forward, but you do
not have to retroactively change clinker production rates previously
estimated.
(iii) For each kiln operating hour for which you do not have data
on clinker production or the amount of feed to the kiln, use the value
from the most recent previous hour for which valid data are available.
(2) Determine, record, and maintain a record of the accuracy of the
system of measuring hourly clinker production rates or feed rates
before initial use (for new sources) or by the effective compliance
date of this rule (for existing sources). During each quarter of source
operation, you must determine, record, and maintain a record of the
ongoing accuracy of the system of measuring hourly clinker production
rates or feed rates.
(3) If you measure clinker production directly, record the daily
clinker production rates; if you measure the kiln feed rates and
calculate clinker production, record the daily kiln feed and clinker
production rates.
(c) PM Emissions Monitoring Requirements. (1) For each kiln or
clinker cooler subject to a PM emissions limit in Sec. 60.62, you must
demonstrate compliance through an initial performance test and you must
monitor continuous performance through use of a PM continuous
parametric monitoring system (PM CPMS).
(2) For your PM CPMS, you will establish a site-specific operating
limit corresponding to the highest 1-hour average PM CPMS output value
recorded during the performance test demonstrating compliance with the
PM limit. You will conduct your performance test using Method 5 at
appendix A-3 to part 60 of this chapter. You will use the PM CPMS to
demonstrate continuous compliance with your operating limit. You must
repeat the performance test annually and reassess and adjust the site-
specific operating limit in accordance with the results of the
performance test.
(d) You must install, operate, calibrate, and maintain a CEMS
continuously monitoring and recording the concentration by volume of
NOX emissions into the atmosphere for any kiln subject to
the NOX emissions limit in Sec. 60.62(a)(3). If the kiln
has an alkali bypass, NOX emissions from the alkali bypass
do not need to be monitored, and NOX emission monitoring of
the kiln exhaust may be done upstream of any commingled alkali bypass
gases.
(e) You must install, operate, calibrate, and maintain a CEMS for
continuously monitoring and recording the concentration by volume of
SO2 emissions into the atmosphere for any kiln subject to
the SO2 emissions limit in Sec. 60.62(a)(4). If you are
complying with the alternative 90 percent SO2 emissions
reduction emissions limit, you must also continuously monitor and
record the concentration by volume of SO2 present at the wet
scrubber inlet.
(f) The NOX and SO2 CEMS required under
paragraphs (d) and (e) of this section must be installed, operated and
maintained according to Performance Specification 2 of appendix B of
this part and the requirements in paragraphs (f)(1) through (5) of this
section.
(1) The span value of each NOX CEMS monitor must be set
at 125 percent of the maximum estimated hourly potential NOX
emission concentration that translates to the applicable emissions
limit at full clinker production capacity.
(2) You must conduct performance evaluations of each NOX
CEMS monitor according to the requirements in Sec. 60.13(c) and
Performance Specification 2 of appendix B to this part. You must use
Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 to this part for
conducting the relative accuracy evaluations. The method ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference--see Sec. 60.17) is an acceptable alternative to Method 7 or
7C of appendix A-4 to this part.
(3) The span value for the SO2 CEMS monitor is the
SO2 emission concentration that corresponds to 125 percent
of the applicable emissions limit at full clinker production capacity
and the expected maximum fuel sulfur content.
(4) You must conduct performance evaluations of each SO2
CEMS monitor according to the requirements in Sec. 60.13(c) and
Performance Specification 2 of appendix B to this part. You must use
Methods 6, 6A, or 6C of appendix A-4 to this part for conducting the
relative accuracy evaluations. The method ASME PTC 19.10-1981, ``Flue
and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.
60.17) is an acceptable alternative to Method 6 or 6A of appendix A-4
to this part.
(5) You must comply with the quality assurance requirements in
Procedure 1 of appendix F to this part for each NOX and
SO2 CEMS, including quarterly accuracy determinations for
monitors, and daily calibration drift tests.

[[Page 42396]]

(g) For each CPMS or CEMS required under paragraphs (c) through (e)
of this section:
* * * * *
(2) You may not use data recorded during the monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or control activities
in calculations used to report emissions or operating levels. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. An owner or operator must
use all the data collected during all other periods in reporting
emissions or operating levels.
* * * * *
(h) You must install, operate, calibrate, and maintain instruments
for continuously measuring and recording the stack gas flow rate to
allow determination of the pollutant mass emissions rate to the
atmosphere for each kiln subject to the PM emissions limits in Sec.
60.62(a)(1) (ii) and (b)(1)(ii), the NOX emissions limit in
Sec. 60.62(a)(3), or the SO2 emissions limit in Sec.
60.62(a)(4) according to the requirements in paragraphs (h)(1) through
(10), where appropriate, of this section.
(1) The owner or operator must install each sensor of the flow rate
monitoring system in a location that provides representative
measurement of the exhaust gas flow rate at the sampling location of
the NOX and/or SO2 CEMS, taking into account the
manufacturer's recommendations. The flow rate sensor is that portion of
the system that senses the volumetric flow rate and generates an output
proportional to that flow rate.
* * * * *
(6) The flow rate monitoring system must be designed to measure a
minimum of one cycle of operational flow for each successive 15-minute
period.
(7) The flow rate sensor must be able to determine the daily zero
and upscale calibration drift (CD) (see sections 3.1 and 8.3 of
Performance Specification 2 in appendix B to this part for a discussion
of CD).
* * * * *
(8) You must perform an initial relative accuracy test of the flow
rate monitoring system according to section 8.2 of Performance
Specification 6 of appendix B to this part, with the exceptions noted
in paragraphs (h)(8)(i) and (ii) of this section.
* * * * *
(9) You must verify the accuracy of the flow rate monitoring system
at least once per year by repeating the relative accuracy test
specified in paragraph (h)(8) of this section.
* * * * *
(i) Development and Submittal (Upon Request) of Monitoring Plans.
If you demonstrate compliance with any applicable emissions limit
through performance stack testing or other emissions monitoring
(including PM CPMS), you must develop a site-specific monitoring plan
according to the requirements in paragraphs (i)(1) through (4) of this
section. This requirement also applies to you if you petition the EPA
Administrator for alternative monitoring parameters under paragraph (h)
of this section and Sec. 63.8(f). If you use a bag leak detector
system (BLDS), you must also meet the requirements specified in
paragraph Sec. 63.1350(m)(10) of this chapter.
(1) For each continuous monitoring system (CMS) required in this
section, you must develop, and submit to the permitting authority for
approval upon request, a site-specific monitoring plan that addresses
paragraphs (i)(1)(i) through (iii) of this section. You must submit
this site-specific monitoring plan, if requested, at least 30 days
before the initial performance evaluation of your CMS.
(i) Installation of the CMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
* * * * *
6. Section 60.64 is amended to read as follows:

Sec. 60.64 Test methods and procedures

(a) In conducting the performance tests and relative accuracy tests
required in Sec. 60.8, you must use reference methods and procedures
and the test methods in appendix A of this part or other methods and
procedures as specified in this section, except as provided in Sec.
60.8(b).
(b) You must demonstrate compliance with the PM standards in Sec.
60.62 according to paragraphs (b)(1)(i) through (iv) of this section.
(1)(i) In using a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (b)(1)(ii) through (iv) of this section.
(ii) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
all hourly average output values (e.g., milliamps, stack concentration,
or other raw data signal) from the PM CPMS for the periods
corresponding to the test runs (e.g., three 1-hour average PM CPMS
output values for three 1-hour test runs).
(iii) Determine your operating limit as the highest 1-hour average
PM CPMS output value recorded during the performance test. You must
verify an existing or establish a new operating limit after each
repeated performance test.
(iv) To determine continuous compliance, you must record the PM
CPMS output data for all periods when the process is operating and the
PM CPMS is not out-of-control. You must demonstrate continuous
compliance by using all quality-assured hourly average data collected
by the PM CPMS for all operating hours to calculate the arithmetic
average operating parameter in units of the operating limit (e.g.,
milliamps, PM concentration, raw data signal) on a 30 operating day
rolling average basis, updated at the end of each new kiln operating
day. Use Equation 2 to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TP18JY12.003

Where:

Hpvi = The hourly parameter value for hour i and
n = The number of valid hourly parameter values collected over 30
kiln operating days.

[[Page 42397]]

(2) Use Method 9 and the procedures in Sec. 60.11 to determine
opacity.
(3) Any sources other than kilns (including associated alkali
bypass and clinker cooler) that are major sources as defined in Sec.
63.2 of this chapter and that are subject to the 10 percent opacity
limit must follow the appropriate monitoring procedures in Sec.
63.1350(f), (m)(1)through(m)(4), (m)(10) through (11), (o), and (p) of
this chapter.
(c) Calculate and record the rolling 30 kiln operating day average
emission rate daily of NOX and SO2 according to
the procedures in paragraphs (i) through (ii) of this section.
(i) Calculate the rolling 30 kiln operating day average emissions
according to equation 3:
[GRAPHIC] [TIFF OMITTED] TP18JY12.004

Where:

E30D = 30 kiln operating day average emission rate of
NOX or SO2, lb/ton of clinker;
Ci = Concentration of NOX or SO2
for hour i, ppm;
Qi = volumetric flow rate of effluent gas for hour i,
where
Ci and Qi are on the same basis (either wet or
dry), scf/hr;
Pi = total kiln clinker produced during production hour
i, ton/hr; and
k = conversion factor, 1.194 x 10^-7 for NOX
and 1.660 x 10^-7 for SO2.
n = number of kiln operating hours over 30 kiln operating days, n =
1 to 720.

(ii) For each kiln operating hour for which you do not have at
least one valid 15-minute CEMS data value, use the average emissions
rate (lb/hr) from the most recent previous hour for which valid data
are available.
(d)(1) Within 60 days after the date of completing each performance
test(see Sec. 60.8) as required by this subpart you must submit the
results of the performance tests conducted to demonstrate compliance
under this subpart to the EPA's WebFIRE database by using the
Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through the EPA's Central Data Exchange (CDX)(www.epa.gov/cdx). Performance test data must be submitted in the file format
generated through use of the EPA's Electronic Reporting Tool (ERT) (see
https://www.epa.gov/ttn/chief/ert/). Only data collected using
test methods on the ERT Web site are subject to this requirement for
submitting reports electronically to WebFIRE. Owners or operators who
claim that some of the information being submitted for performance
tests is confidential business information (CBI) must submit a complete
ERT file including information claimed to be CBI on a compact disk or
other commonly used electronic storage media (including, but not
limited to, flash drives) to the EPA. The electronic media must be
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office,
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT file with the CBI omitted must be
submitted to the EPA via CDX as described earlier in this paragraph. At
the discretion of the delegated authority, you must also submit these
reports, including the confidential business information, to the
delegated authority in the format specified by the delegated authority.
(2) Within 60 days after the date of completing each CEMS
performance evaluation test (see Sec. 60.13), you must submit the
relative accuracy test audit data electronically into the EPA's Central
Data Exchange by using the Electronic Reporting Tool as mentioned in
paragraph (d)(1) of this section. Only data collected using test
methods compatible with ERT are subject to this requirement to be
submitted electronically to the EPA's CDX.
(3) All reports required by this subpart not subject to the
requirements in paragraphs (d)(1) and (2) of this section must be sent
to the Administrator at the appropriate address listed in Sec. 63.13.
The Administrator or the delegated authority may request a report in
any form suitable for the specific case (e.g., by commonly used
electronic media such as Excel spreadsheet, on CD or hard copy). The
Administrator retains the right to require submittal of reports subject
to paragraph (d)(1) and (2) of this section in paper format.
7. Section 60.65 is revised to read as follows:

Sec. 60.65 Recordkeeping and reporting requirements.

(a) Each owner or operator required to install a CPMS or CEMS under
sections Sec. 60.63(c)-(e) shall submit reports of excess emissions.
The content of these reports must comply with the requirements in Sec.
60.7(c). Notwithstanding the provisions of Sec. 60.7(c), such reports
shall be submitted semiannually.
(b) Each owner or operator of facilities subject to the provisions
of Sec. 60.63(c)-(e) shall submit semiannual reports of the
malfunction information required to be recorded by Sec. 60.7(b). These
reports shall include the frequency, duration, and cause of any
incident resulting in deenergization of any device controlling kiln
emissions or in the venting of emissions directly to the atmosphere.
(c) The requirements of this section remain in force until and
unless the Agency, in delegating enforcement authority to a State under
section 111(c) of the Clean Air Act, 42 U.S.C. 7411, approves reporting
requirements or an alternative means of compliance surveillance adopted
by such States. In that event, affected sources within the State will
be relieved of the obligation to comply with this section, provided
that they comply with the requirements established by the State.
8. Section 60.66 is amended by revising paragraph (b) introductory
text to read as follows:

Sec. 60.66 Delegation of authority.

* * * * *
(b) In delegating implementation and enforcement authority to a
State, local, or tribal agency, the approval authorities contained in
paragraphs (b)(1) through (4) of this section are retained by the
Administrator of the U.S EPA and are not transferred to the State,
local, or tribal agency.
* * * * *

PART 63--[AMENDED]

9. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

10. Section 63.14 is amended by revising paragraph (b)(54) to read
as follows:

Sec. 63.14 Incorporations by reference.

* * * * *
(b) * * *
(54) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, approved 2003, IBR approved for Sec.
63.1349(b) of subpart LLL, table 4 to subpart DDDD, and table 8 of
subpart HHHHHHH of this part.
* * * * *

Subpart LLL--[Amended]

11. Section 63.1340 is amended by
a. Revising paragraphs (b)(6) through (b)(9); and

[[Page 42398]]

b. Revising paragraph (c).
The revisions read as follows:

Sec. 63.1340 What parts of my plant does this subpart cover?

* * * * *
(b) * * *
(6) Each raw material, clinker, or finished product storage bin at
any portland cement plant that is a major source;
(7) Each conveying system transfer point including those associated
with coal preparation used to convey coal from the mill to the kiln at
any portland cement plant that is a major source;
(8) Each bagging and bulk loading and unloading system at any
portland cement plant that is a major source; and
(9) Each open clinker storage pile at any portland cement plant.
(c) Onsite sources that are subject to standards for nonmetallic
mineral processing plants in subpart OOO, part 60 of this chapter are
not subject to this subpart. Crushers are not covered by this subpart
regardless of their location.
* * * * *
12. Section 63.1341 is amended by:
a. Deleting definitions of ``Enclosed storage pile,'' and
``Inactive clinker pile;''
b. Adding a definition for ``Deviation,'' ``In-line coal mill,''
``Open clinker storage pile,'' and ``Startup and shutdown;'' in
alphabetical order and
c. Revising definitions for ``Kiln,'' ``New source,'' ``Operating
day,'' ``Raw material dryer,'' and ``Total organic HAP,'' in
alphabetical order.
The deletions, additions and revisions read as follows:

Sec. 63.1341 Definitions.

* * * * *
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source: (i) Fails to
meet any requirement or obligation established by this subpart
including, but not limited to, any emission limit, operating limit,
work practice standard, or monitoring requirement; or (ii) Fails to
meet any term or condition that is adopted to implement an applicable
requirement in this subpart and that is included in the operating
permit for any affected source required to obtain such a permit. A
deviation is not always a violation.
* * * * *
In-line coal mill means those coal mills using kiln exhaust gases
in their process. Coal mills with a heat source other than the kiln or
coal mills using exhaust gases from the clinker cooler are not an in-
line coal mill.
* * * * *
Kiln means a device, including any associated preheater or
precalciner devices, inline raw mills, inline coal mills or alkali
bypasses that produces clinker by heating limestone and other materials
for subsequent production of portland cement. Because the inline raw
mill and inline coal mill are considered an integral part of the kiln,
for purposes of determining the appropriate emissions limit, the term
kiln also applies to the exhaust of the inline raw mill and the inline
coal mill.
* * * * *
New source means any source that commenced construction after May
6, 2009, for purposes of determining the applicability of the kiln,
clinker cooler and raw material dryer emissions limits for mercury, PM,
THC, and HCl.
* * * * *
Open clinker storage pile means any clinker storage pile that is
not completely enclosed in a building or structure.
Operating day means any 24-hour period beginning at 12:00 midnight
during which the kiln operates for any time. For calculating the
rolling 30-day average emissions, kiln operating days do not include
the hours of operation during startup or shutdown.
* * * * *
Raw material dryer means an impact dryer, drum dryer, paddle-
equipped rapid dryer, air separator, or other equipment used to reduce
the moisture content of feed or other materials.
* * * * *
Startup and shutdown means the periods of kiln operation that do
not include normal operations. Startup begins when the kiln's induced
fan is turned on and continues until continuous feed is introduced into
the kiln. Shutdown begins when feed to the kiln is halted.
* * * * *
Total organic HAP means, for the purposes of this subpart, the sum
of the concentrations of compounds of formaldehyde, benzene, toluene,
styrene, m-xylene, p-xylene, o-xylene, acetaldehyde, and naphthalene as
measured by EPA Test Method 320 or Method 18 of appendix A to this part
or ASTM D6348-03 or a combination of these methods, as appropriate.
When using ASTM D6348-03, the following conditions must be met: (1) The
test plan preparation and implementation in the Annexes to ASTM D6348-
03, Sections A1 through A8 are mandatory; (2) For ASTM D6348-03 Annex
A5 (Analyte Spiking Technique), the percent (%) R must be determined
for each target analyte (see Equation A5.5); (3) For the ASTM D6348-03
test data to be acceptable for a target analyte, %R must be 70% >= R <=
130%; and (4) The %R value for each compound must be reported in the
test report and all field measurements corrected with the calculated %R
value for that compound using the following equation:
[GRAPHIC] [TIFF OMITTED] TP18JY12.014

If measurement results for any pollutant are reported as below the
method detection level (e.g., laboratory analytical results for one or
more sample components are below the method defined analytical
detection level), you must use the method detection level as the
measured emissions level for that pollutant in calculating the total
organic HAP value. The measured result for a multiple component
analysis (e.g., analytical values for multiple Method 18 fractions) may
include a combination of method detection level data and analytical
data reported above the method detection level. The owner or operator
of an affected source may request the use of other test methods to make
this determination under paragraphs 63.7(e)(2)(ii) and (f) of this
part.
* * * * *
13. Section 63.1343 is revised to read as follows:

Sec. 63.1343 What standards apply to my kilns, clinker coolers, raw
material dryers, and open clinker piles?

(a) General. The provisions in this section apply to each kiln and
any alkali bypass associated with that kiln, clinker cooler, and raw
material dryer. All D/F, HCl, and total hydrocarbon (THC) emissions
limit are on a dry basis. The D/F, HCl, and THC limits for kilns are
corrected to 7 percent oxygen. All THC emissions limits are measured as
propane. Standards for mercury and THC are based on a rolling 30-day

[[Page 42399]]

average. If using a CEMS to determine compliance with the HCl standard,
this standard is based on a rolling 30-day average. You must ensure
appropriate corrections for moisture are made when measuring flow rates
used to calculate mercury emissions. The 30-day period means 30
consecutive kiln operating days excluding periods of startup and
shutdown. All emissions limits for kilns, clinker coolers, and raw
material dryers currently in effect that are superseded by the limits
below continue to apply until the compliance date of the limits below,
or until the source certifies compliance with the limits below,
whichever is earlier.
(b) Kilns, clinker coolers, raw material dryers, raw mills, and
finish mills.
(1) The emissions limits for these sources are shown in Table 1
below. PM limits for existing kilns also apply to kilns that have
undergone a modification as defined in subpart A of part 60 of title
40.

Table 1--Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills
--------------------------------------------------------------------------------------------------------------------------------------------------------
The oxygen
And the operating And if is located at And the units of the correction
If your source is a (an): mode is: a: Your emissions limits are: emissions limit are: factor
percent is:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Existing kiln.................. Normal operation..... Major or area source PM \1\ 0.07................... lb/ton clinker............ NA
D/F \2\ 0.2................... ng/dscm................... 7
Mercury 55.................... lb/MMtons clinker......... NA
THC \3\ \4\ 24................ ppmvd..................... 7
2. Existing kiln.................. Normal operation..... Major source........ HCl 3......................... ppmvd..................... 7
3. Existing kiln.................. Startup and shutdown. Major or area source PM 0.04....................... gr/dscf................... NA
D/F 0.2....................... ng/dscm (TEQ)............. NA
Mercury 10.................... ug/dscm................... NA
THC 24........................ ppmvd..................... NA
4. Existing kiln.................. Startup and shutdown. Major source........ HCl 3......................... ppmvd..................... NA
5. New kiln....................... Normal operation..... Major or area source PM 0.02....................... lb/ton clinker............ NA
D/F \1\ 0.2................... ng/dscm................... 7
Mercury 21.................... lb/MM tons clinker........ NA
THC \3\ \4\ 24................ ppmvd..................... 7
6. New kiln....................... Normal operation..... Major source........ HCl 3......................... ppmvd..................... 7
7. New kiln....................... Startup and shutdown. Major or area source PM 0.0008..................... gr/dscf................... NA
D/F 0.2....................... ng/dscm (TEQ)............. NA
Mercury 4..................... ug/dscm................... NA
THC 24........................ ppmvd..................... NA
8. New kiln....................... Startup and shutdown. Major source........ HCl 3......................... ppmvd..................... NA
9. Existing clinker cooler........ Normal operation..... Major or area source PM 0.07....................... lb/ton clinker............ NA
10. Existing clinker cooler....... Startup and shutdown. Major or area source PM 0.004...................... gr/dscf................... NA
11. New clinker cooler............ Normal operation..... Major or area source PM 0.02....................... lb/ton clinker............ NA
12. New clinker cooler............ Startup and shutdown. Major or area source PM 0.0008..................... gr/dscf................... NA
13. Existing or new raw material Normal operation..... Major or area source THC \3\ \4\ 24................ ppmvd..................... NA
dryer.
14. Existing or new raw material Startup and shutdown. Major or area source THC 24........................ ppmvd..................... NA
dryer.
15. Existing or new raw or finish All operating modes.. Major source........ Opacity 10.................... percent................... NA
mill.
16. Open clinker storage piles.... All operating modes.. Major or area source Work practices (63.1343(c))... NA........................ NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial and subsequent PM performance tests are performed using Method 5 and consists of three 1-hr tests.
\2\ If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test
is 400 [deg]F or less this limit is changed to 0.040 ng/dscm.
\3\ Measured as propane.
\4\ Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.

(2) When there is an alkali bypass associated with a kiln, the
combined PM emissions from the kiln and the alkali bypass stack are
subject to the PM emissions limit. Existing kilns that combine the
clinker cooler exhaust and/or coal mill with the kiln exhaust for
energy efficiency purposes and send the combined exhaust to the PM
control device as a single stream may meet an alternative PM emissions
limit. This limit is calculated using equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP18JY12.005

Where:

PMalt = Alternative PM emission limit for commingled
sources.
0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070
lb per ton clinker where clinker cooler and kiln exhaust gas are not
combined.
1.65 = The conversion factor of lb feed per lb clinker.
Qk = The exhaust flow of the kiln (dscf/ton raw feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for grains (gr) per lb.
For new kilns that combine kiln exhaust and clinker cooler gas
the limit is calculated using the equation 2 of this section:

[[Page 42400]]

[GRAPHIC] [TIFF OMITTED] TP18JY12.006

Where:
PMalt = Alternative PM emission limit for commingled
sources.
0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020
lb per ton clinker where clinker cooler and kiln exhaust gas are not
combined.
1.65 = The conversion factor of lb feed per lb clinker.
Qk = The exhaust flow of the kiln (dscf/ton feed).
Qc = The exhaust flow of the clinker cooler (dscf/ton feed).
Qab = The exhaust flow of the alkali bypass (dscf/ton feed).
Qcm = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for gr per lb.

(c) Open Clinker Piles. The owner or operator of an open clinker
pile must prepare and operate in accordance with the fugitive dust
emissions control measures, described in their operation and
maintenance plan (see Sec. 63.1347 of this subpart), that is
appropriate for the site conditions as specified in paragraphs (c)(1)
and (2) of this paragraph.
(1) The operations and maintenance plan must identify and describe
the fugitive dust emissions control measures the owner or operator will
use to minimize fugitive dust emissions from each open clinker storage
pile.
(2) For open clinker storage piles, the operations and maintenance
plan must specify that one or more of the following control measures
will be used to minimize to the greatest extent practicable fugitive
dust from open clinker storage piles: Locating the source inside a
partial enclosure, installing and operating a water spray or fogging
system, applying appropriate chemical dust suppression agents on the
source, use of a wind barrier, compaction, or use of a vegetative
cover. The owner or operator must select, for inclusion in the
operations and maintenance plan, the fugitive dust control measure or
measures listed in this paragraph that are most appropriate for site
conditions. The plan must also explain how the measure or measures
selected are applicable and appropriate for site conditions. In
addition, the plan must be revised as needed to reflect any changing
conditions at the source.
(d) Emission limits in effect prior to September 9, 2010. Any
source defined as an existing source in Sec. 63.1351, and that was
subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to
September 9, 2010, must continue to meet the limits shown in Table 2 to
this section until September 9, 2015.
* * * * *
14. Section 63.1344 is amended by revising the section heading and
revising the section to read as follows:

Sec. 63.1344 Affirmative defense for violation of emissions limit
during malfunction.

In response to an action to enforce the standards set forth in
paragraph Sec. 63.1343(b) you may assert an affirmative defense to a
claim for civil penalties for violations of such standards that are
caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties
may be assessed, however, if the respondent fails to meet its burden of
proving all of the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
(a) To establish the affirmative defense in any action to enforce
such a standard, you must timely meet the notification requirements in
paragraph (b) of this section, and must prove by a preponderance of
evidence that:
(1) The violation:
(i) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner, and
(ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
(iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
(iv) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
(2) Repairs were made as expeditiously as possible when a violation
occurred. Off-shift and overtime labor were used, to the extent
practicable to make these repairs; and
(3) The frequency, amount and duration of the violation (including
any bypass) were minimized to the maximum extent practicable; and
(4) If the violation resulted from a bypass of control equipment or
a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and
(5) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment and human health; and
(6) All emissions monitoring and control systems were kept in
operation if at all possible consistent with safety and good air
pollution control practices; and
(7) Your actions in response to the violation were documented by
properly signed, contemporaneous operating logs; and
(8) At all times, the affected source was operated in a manner
consistent with good air pollution control practice for minimizing
emissions; and
(9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the violation resulting from the malfunction event at
issue. The analysis shall also specify, using best monitoring methods
and engineering judgment, the amount of any emissions that were the
result of the malfunction.
(b) Report. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator with all
necessary supporting documentation, that it has met the requirements
set forth in paragraph (a) of this section. This affirmative defense
report shall be included in the semiannual report required by section
63.1354(b)(9). The affirmative defense report shall be included in the
first semiannual, deviation report or excess emission report otherwise
required after the initial occurrence of the violation of the relevant
standard (which may be the end of any applicable averaging period). If
such compliance, deviation report or excess the semiannual report is
due less than 45 days after the initial occurrence of the violation,
the affirmative defense report may be included in the second semiannual
compliance, deviation report or excess emission report due after the
initial occurrence of the violation of the relevant standard.
15. Section 63.1345 is amended by revising the section heading and
revising the section to read as follows:

Sec. 63.1345 Emissions limits for affected sources other than kilns;
clinker coolers; new and reconstructed raw material dryers; and open
clinker piles.

The owner or operator of each new or existing raw material,
clinker, or finished product storage bin; conveying system transfer
point; bagging system; bulk loading or unloading system; raw and finish
mills; and each existing raw material dryer, at a facility which is a
major source subject to the provisions of this subpart must not cause
to be discharged any gases from these affected sources which exhibit
opacity in excess of 10 percent.
16. Section 63.1346 is amended by:

[[Page 42401]]

a. Revising paragraph (a) introductory text;
b. Revising paragraph (a)(1); and
c. Revising paragraphs (c) through (f).
The revisions read as follows:

Sec. 63.1346 Operating limits for kilns.

(a) The owner or operator of a kiln subject to a D/F emissions
limitation under Sec. 63.1343 must operate the kiln such that the
temperature of the gas at the inlet to the kiln PM control device
(PMCD) and alkali bypass PMCD, if applicable, does not exceed the
applicable temperature limit specified in paragraph (b) of this
section. The owner or operator of an in-line kiln/raw mill subject to a
D/F emissions limitation under Sec. 63.1343 must operate the in-line
kiln/raw mill, such that:
(1) When the raw mill of the in-line kiln/raw mill is operating,
the applicable temperature limit for the main in-line kiln/raw mill
exhaust, specified in paragraph (b) of this section and established
during the performance test when the raw mill was operating, is not
exceeded, except during periods of startup/shutdown when the
temperature limit may be exceeded by no more than 10 percent.
* * * * *
(c) For an affected source subject to a D/F emissions limitation
under Sec. 63.1343 that employs sorbent injection as an emission
control technique you must operate the sorbent injection system in
accordance with paragraphs (c)(1) and (c)(2) of this section.
(1) The rolling three-hour average activated sorbent injection rate
must be equal to or greater than the sorbent injection rate determined
in accordance with Sec. 63.1349(b)(3)(vi).
(2) You must either:
(i) Maintain the minimum activated carbon injection carrier gas
flow rate, as a rolling three-hour average, based on the manufacturer's
specifications. These specifications must be documented in the test
plan developed in accordance with Sec. 63.7(c), or
(ii) Maintain the minimum activated carbon injection carrier gas
pressure drop, as a rolling three-hour average, based on the
manufacturer's specifications. These specifications must be documented
in the test plan developed in accordance with Sec. 63.7(c).
(d) Except as provided in paragraph (e) of this section, for an
affected source subject to a D/F emissions limitation under Sec.
63.1343 that employs carbon injection as an emission control technique
you must specify and use the brand and type of sorbent used during the
performance test until a subsequent performance test is conducted,
unless the site-specific performance test plan contains documentation
of key parameters that affect adsorption and the owner or operator
establishes limits based on those parameters, and the limits on these
parameters are maintained.
(e) For an affected source subject to a D/F emissions limitation
under Sec. 63.1343 that employs carbon injection as an emission
control technique you may substitute, at any time, a different brand or
type of sorbent provided that the replacement has equivalent or
improved properties compared to the sorbent specified in the site-
specific performance test plan and used in the performance test. The
owner or operator must maintain documentation that the substitute
sorbent will provide the same or better level of control as the
original sorbent.
(f) No kiln may use as a raw material or fuel any fly ash where the
mercury content of the fly ash has been increased through the use of
activated carbon, or any other sorbent, unless the facility can
demonstrate that the use of that fly ash will not result in an increase
in mercury emissions over baseline emissions (i.e., emissions not using
the fly ash). The facility has the burden of proving there has been no
emissions increase over baseline. Once the kiln must comply with a
mercury emissions limit specified in Sec. 63.1343, this paragraph no
longer applies.
17. Section 63.1347 is amended by revising paragraph (a)(1) to read
as follows:

Sec. 63.1347 Operation and maintenance plan requirements.

(a) * * *
(1) Procedures for proper operation and maintenance of the affected
source and air pollution control devices in order to meet the emissions
limits and operating limits, including fugitive dust control measures
for open clinker piles, of Sec. Sec. 63.1343 through 63.1348. Your
operation and maintenance plan must address periods of startup and
shutdown;
* * * * *
18. Section 63.1348 is amended by:
a. Revising paragraph (a) introductory text;
b. Removing paragraphs (a)(1)(i) and (ii);
c. Revising paragraphs (a)(1) through (a)(6);
d. Revising paragraph (b); and
e. Revising paragraph (c)(2)(iv).
The revisions read as follows:

Sec. 63.1348 Compliance requirements.

(a) Initial Performance Test Requirements. For an affected source
subject to this subpart, you must demonstrate compliance with the
emissions standards and operating limits by using the test methods and
procedures in Sec. Sec. 63.1349 and 63.7.

Note: The first day of the 30 operating day performance test is
the first day following completion of the field testing and data
collection that demonstrates that the CPMS or CEMS has satisfied the
relevant CPMS performance evaluation or CEMS performance
specification (e.g., PS 2, 12A, or 12B) acceptance criteria. The
performance test period is complete at the end of the 30th
consecutive operating day. See Sec. 63.1341 for definition of
operating day and Sec. 63.1348(b)(1) for the CEMS operating
requirements.

(1) PM Compliance. If you are subject to limitations on PM
emissions under Sec. 63.1343(b), you must demonstrate compliance with
the PM emissions standards by using the test methods and procedures in
Sec. 63.1349(b)(1).
(2) Opacity Compliance. If you are subject to the limitations on
opacity under Sec. 63.1345, you must demonstrate compliance with the
opacity emissions standards by using the performance test methods and
procedures in Sec. 63.1349(b)(2). Use the maximum 6-minute average
opacity exhibited during the performance test period to determine
whether the affected source is in compliance with the standard.
(3) D/F Compliance.
(i) If you are subject to limitations on D/F emissions under Sec.
63.1343(b), you must demonstrate compliance with the D/F emissions
standards by using the performance test methods and procedures in Sec.
63.1349(b)(3). The owner or operator of a kiln with an in-line raw mill
must demonstrate compliance by conducting separate performance tests
while the raw mill is operating and while the raw mill is not
operating. Determine the D/F concentration for each run and calculate
the arithmetic average of the concentrations measured for the three
runs to determine continuous compliance.
(ii) If you are subject to a D/F emissions limitation under Sec.
63.1343(b), you must demonstrate compliance with the temperature
operating limits specified in Sec. 63.1346 by using the performance
test methods and procedures in Sec. 63.1349(b)(3)(ii) through
(b)(3)(iv). Use the arithmetic average of the temperatures measured
during the three runs to determine the applicable temperature limit.
(iii) If activated carbon injection is used and you are subject to
a D/F emissions limitation under Sec. 63.1343(b), you must demonstrate
compliance with the activated carbon injection rate operating limits
specified in Sec. 63.1346

[[Page 42402]]

by using the performance test methods and procedures in Sec.
63.1349(b)(3)(v). The average of the run injection rates will determine
the applicable injection rate limit.
(iv) If activated carbon injection is used, you must also develop a
carrier gas parameter (either the carrier gas flow rate or the carrier
gas pressure drop) during the initial and updated during any subsequent
performance test conducted under Sec. 63.1349(b)(3) that meets the
requirements of Sec. 63.1349(b)(3)(vi). Compliance is demonstrated if
the system is maintained within +/- 5 percent accuracy during the
performance test determined in accordance with the procedures and
criteria submitted for review in your monitoring plan required in
section 63.1350(p).
(4)(i) THC Compliance.
(A) If you are subject to limitations on THC emissions under Sec.
63.1343(b), you must demonstrate compliance with the THC emissions
standards by using the performance test methods and procedures in Sec.
63.1349(b)(4)(i). You must use the average THC concentration obtained
during the first 30 kiln operating days after the compliance date of
this rule to determine initial compliance.
(B) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit.
(ii) Total Organic HAP Emissions Tests. If you elect to demonstrate
compliance with the total organic HAP emissions limit under Sec.
63.1343(b) in lieu of the THC emissions limit, you must demonstrate
compliance with the total organic HAP emissions standards by using the
performance test methods and procedures in Sec. 63.1349(b)(4)(iii) and
(b)(4)(iv).
(iii) If you are demonstrating initial compliance, you must conduct
the separate performance tests as specified in Sec. 63.1349(b)(4)(iii)
while the raw mill kiln is operating and while the raw mill of the kiln
is not operating.
(iv) The average total organic HAP concentration measured during
the separate initial performance test specified by Sec.
63.1349(b)(4)(iii) must be used to determine initial compliance.
(v) The average THC concentration measured during the initial
performance test specified by Sec. 63.1349(b)(4)(iv) must be used to
determine the site-specific THC limit. Using the fraction of time the
raw mill is on and the fraction of time that the raw mill is off,
calculate this limit as a weighted average of the THC levels measured
during raw mill on and raw mill off testing.
(5) Mercury Compliance. If you are subject to limitations on
mercury emissions in Sec. 63.1343(b), you must demonstrate compliance
with the mercury standards by using the performance test methods and
procedures in Sec. 63.1349(b)(5). You must demonstrate compliance by
operating a mercury CEMS or a sorbent trap based CEMS. Compliance with
the mercury emissions standard must be determined based on the first 30
operating days you operate a mercury CEMS after the compliance date of
this rule.
In calculating a 30 operating day emissions value using an
integrating sorbent trap CEMS, assign the average Hg emissions
concentration determined for an integrating period (e.g., 7 day sorbent
trap sample) to each relevant hour of the kiln operating days spanned
by each integrated sample. Calculate the 30 kiln operating day
emissions rate value using the assigned hourly Hg emissions
concentrations and the respective flow and production rate values
collected during the 30 kiln operating day performance test period.
Depending on the duration of each integrated sampling period, you may
not be able to calculate the 30 kiln operating day emissions value
until several days after the end of the 30 kiln operating day
performance test period.
For example, a sorbent trap CEMS producing an integrated 7-day
sample will provide Hg concentration data for each hour of the first 28
kiln operating days (i.e., four values spanning 7 days each) of a 30
operating day period. The Hg concentration values for the hours of the
last 2 days of the 30 operating day period will not be available for
calculating the emissions for the performance test period until at
least five days after the end of the subject period.
(6) HCl Compliance. If you are subject to limitations on HCl
emissions under Sec. 63.1343(b), you must demonstrate initial
compliance with the HCl standards by using the performance test methods
and procedures in Sec. 63.1349(b)(6).
(i) For an affected source that is equipped with a wet scrubber,
tray tower or dry scrubber, you must demonstrate initial compliance by
conducting a performance test as specified in Sec. 63.1349(b)(6)(i).
You must determine the HCl concentration for each run and calculate the
arithmetic average of the concentrations measured for the three runs to
determine compliance. You must also have established appropriate site-
specific operational parameter limits.
(ii) For an affected source that is not equipped with a wet
scrubber, tray tower or dry scrubber, you must demonstrate initial
compliance by operating a CEMS as specified in Sec. 63.1349(b)(6)(ii).
You must use the average of the hourly HCl concentration obtained
during the first 30 kiln operating days that occur after the compliance
date of this rule to determine initial compliance.
(iii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the HCl emissions limit.
(iv) As an alternative to paragraph (i), you may use an
SO2 CEMS to establish an SO2 operating level
during your initial and repeat HCl performance tests as specified in
Sec. 63.1349(b)(6)(iii).
(b) Continuous Monitoring Requirements. You must demonstrate
compliance with the emissions standards and operating limits by using
the performance test methods and procedures in Sec. Sec. 63.1350 and
63.8 for each affected source.
(1) General Requirements.
(i) You must monitor and collect data according to Sec. 63.1350
and the site-specific monitoring plan required by Sec. 63.1350(p).
(ii) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating.
(iii) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or control activities
in calculations used to report emissions or operating levels. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. You must use all the data
collected during all other periods in assessing the operation of the
control device and associated control system.

[[Page 42403]]

(iv) Clinker Production. If you are subject to limitations on PM
emissions (lb/ton of clinker) or mercury (lb/MM tons of clinker) under
Sec. 63.1343(b), you must determine the hourly production rate of
clinker according to the requirements of Sec. 63.1350(d).
(2) PM Compliance. If you are subject to limitations on PM
emissions under Sec. 63.1343(b), you must use the monitoring methods
and procedures in Sec. 63.1350(b) and (d).
(3) Opacity Compliance. If you are subject to the limitations on
opacity under Sec. 63.1345, you must demonstrate compliance using the
monitoring methods and procedures in Sec. 63.1350(f) based on the
maximum 6-minute average opacity exhibited during the performance test
period. You must initiate corrective actions within one hour of
detecting visible emissions above the applicable limit.
(i) COMS. If you install a COMS in lieu of conducting the daily
visible emissions testing, you must demonstrate compliance using a COMS
such that it is installed, operated, and maintained in accordance with
the requirements of Sec. 63.1350(f)(4)(i).
(ii) Bag leak determination system (BLDS). If you install a BLDS on
a raw mill or finish mill in lieu of conducting the daily visible
emissions testing, you must demonstrate compliance using a BLDS that is
installed, operated, and maintained in accordance with the requirements
of Sec. 63.1350(f)(4)(ii).
(4) D/F Compliance. If you are subject to a D/F emissions
limitation under Sec. 63.1343(b), you must demonstrate compliance
using a CMS that is installed, operated and maintained to record the
temperature of specified gas streams in accordance with the
requirements of Sec. 63.1350(g).
(5)(i) Activated Carbon Injection Compliance. If you use activated
carbon injection to comply with the D/F emissions limitation under
Sec. 63.1343(b), you must demonstrate compliance using a CMS that is
installed, operated, and maintained to record the rate of activated
carbon injection in accordance with the requirements Sec.
63.1350(h)(1).
(ii) If you use activated carbon injection to comply with the D/F
emissions limitation under Sec. 63.1343(b), you must demonstrate
compliance using a CMS that is installed, operated and maintained to
record the activated carbon injection system gas parameter in
accordance with the requirements Sec. 63.1350(h)(2).
(6) THC Compliance. (i) If you are subject to limitations on THC
emissions under Sec. 63.1343(b), you must demonstrate compliance using
the monitoring methods and procedures in Sec. 63.1350(i) and (j).
(ii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit. THC must be measured upstream of the coal
mill.
(7) Mercury Compliance. If you are subject to limitations on
mercury emissions in Sec. 63.1343(b), you must demonstrate compliance
using the monitoring methods and procedures in Sec. 63.1350(k).
If you use an integrated sorbent trap Hg CEMS to determine ongoing
compliance, use the procedures described in Sec. 63.1348(a)(5) to
assign hourly mercury concentration values and to calculate rolling 30
operating data emissions rates. Since you assign the mercury
concentration measured with the sorbent trap to each relevant hour
respectively for each operating day of the integrated period, you may
schedule the sorbent change periods to any time of the day (i.e., the
sorbent trap replacement need not be scheduled at 12:00 midnight nor
must the sorbent trap replacements occur only at integral 24-hour
intervals).
(8) HCl Compliance. If you are subject to limitations on HCl
emissions under Sec. 63.1343(b), you must demonstrate compliance using
the performance test methods and procedures in Sec. 63.1349(b)(6).
(i) For an affected source that is not equipped with a wet
scrubber, tray tower or a dry sorbent injection system, you must
demonstrate compliance using the monitoring methods and procedures in
Sec. 63.1350(l)(1).
(ii) For an affected source that is equipped with a wet scrubber,
tray tower or a dry sorbent injection system, you must demonstrate
compliance using the monitoring methods and procedures in Sec.
63.1350(l)(2).
(iii) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the HCl emissions limit.
(iv) As an alternative to paragraph (ii), you may use an
SO2 CEMS to establish an SO2 operating level
during your initial and repeat HCl performance tests and monitor the
SO2 level using the procedures in Sec. 63.1350(l)(3).
(c) * * *
(2) * * *
(iv) The performance test must be completed within 360 hours after
the planned operational change period begins.
* * * * *
19. Section 63.1349 is amended by:
a. Revising paragraph (a) introductory text;
b. Revising paragraph (b)(1);
c. Revising paragraph (b)(3) introductory text;
d. Revising paragraphs (b)(3)(v) and (b)(3)(vi);
e. Revising paragraphs (b)(4), (b)(5), and (b)(6); and
f. Revising paragraphs (c), (d) and (e).
The revisions read as follows:

Sec. 63.1349 Performance testing requirements.

(a) You must document performance test results in complete test
reports that contain the information required by paragraphs (a)(1)
through (a)(10) of this section, as well as all other relevant
information. As described in Sec. 63.7(c)(2)(i), you must make
available to the Administrator prior to testing, if requested, the
site-specific test plan to be followed during performance testing.
* * * * *
(b)(1) PM Emissions Tests.
(i) The owner or operator of a kiln subject to limitations on PM
emissions shall demonstrate initial compliance by conducting a
performance test as specified in paragraphs (b)(1)(ii) of this section.
(A) In using a PM CPMS to demonstrate compliance, you must
establish your PM CPMS operating limit and determine compliance with it
according to paragraphs (b)(1)(i)(B) through (D) and (b)(1)(ii) and
(iii) of this section.
(B) During the initial performance test or any such subsequent
performance test that demonstrates compliance with the PM limit, record
all hourly average output values (e.g., milliamps, stack concentration,
or other raw data signal) from the PM CPMS for the periods
corresponding to the test runs (e.g., three 1-hour average PM OK CPMS
output values for three 1-hour test runs).
(C) Determine your operating limit as the highest 1-hour average PM
CPMS output value recorded during the performance test. You must verify
an existing or establish a new operating limit after each repeated
performance test. You must repeat the performance test annually and
reassess and adjust the site-specific operating limit in accordance
with the results of the performance test.
(D) To determine continuous compliance, you must record the PM

[[Page 42404]]

CPMS output data for all periods when the process is operating and the
PM CPMS is not out-of-control. You must demonstrate continuous
compliance by using all quality-assured hourly average data collected
by the PM CPMS for all operating hours to calculate the arithmetic
average operating parameter in units of the operating limit (e.g.,
milliamps, PM concentration, raw data signal) on a 30 operating day
rolling average basis, updated at the end of each new kiln operating
day. Use Equation 3 to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TP18JY12.007

Where:

Hpvi = The hourly parameter value for hour i and n is the number of
valid hourly parameter values collected over 30 kiln operating days.

(ii) Use EPA Method 5 of appendix A to part 60 of this chapter to
determine PM emissions. For each performance test, conduct three
separate runs under the conditions that exist when the affected source
is operating at the highest load or capacity level reasonably expected
to occur. Conduct each test run to collect a minimum sample volume of 2
dscm for determining compliance with a new source limit and 1 dscm for
determining compliance with a existing source limit. Calculate the
average of the results from three runs to determine compliance. You
need not determine the PM collected in the impingers (``back half'') of
the Method 5 particulate sampling train to demonstrate compliance with
the PM standards of this subpart. This shall not preclude the
permitting authority from requiring a determination of the ``back
half'' for other purposes.
(iii) When there is an alkali bypass associated with a kiln, the
main exhaust and alkali bypass of the kiln must be tested
simultaneously and the combined emission rate of PM from the kiln and
alkali bypass must be computed for each run using equation 4 of this
section. For purposes of calculating the combined kiln and alkali
bypass emissions, you may use the results of the initial and subsequent
Method 5 performance test for the alkali bypass, instead of installing
a CEMS, to demonstrate compliance with the PM emissions limit.
[GRAPHIC] [TIFF OMITTED] TP18JY12.008

Where:

EC = Combined hourly emission rate of PM from the kiln
and bypass stack, lb/ton of kiln clinker production;
EK = Hourly emissions of PM emissions from the kiln, lb;
EB = Hourly PM emissions from the alkali bypass stack,
lb;
P = Hourly clinker production, tons.

(iv) The owner or operator of a kiln with an in-line raw mill and
subject to limitations on PM emissions shall demonstrate initial
compliance by conducting separate performance tests while the raw mill
is under normal operating conditions and while the raw mill is not
operating.
* * * * *
(3) D/F Emissions Tests. If you are subject to limitations on D/F
emissions under this subpart, you must conduct a performance test using
Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or
in-line kiln/raw mill is equipped with an alkali bypass, you must
conduct simultaneous performance tests of the kiln or in-line kiln/raw
mill exhaust and the alkali bypass. You may conduct a performance test
of the alkali bypass exhaust when the raw mill of the in-line kiln/raw
mill is operating or not operating.
* * * * *
(v)(A) If sorbent injection is used for D/F control, you must
record the rate of sorbent injection to the kiln exhaust, and where
applicable, the rate of sorbent injection to the alkali bypass exhaust,
continuously during the period of the Method 23 test in accordance with
the conditions in Sec. 63.1350(m)(9), and include the continuous
injection rate record(s) in the performance test report. Determine the
sorbent injection rate parameters in accordance with paragraphs
(b)(3)(vi) of this section.
(B) Include the brand and type of sorbent used during the
performance test in the performance test report.
(C) Maintain a continuous record of either the carrier gas flow
rate or the carrier gas pressure drop for the duration of the
performance test. If the carrier gas flow rate is used, determine,
record, and maintain a record of the accuracy of the carrier gas flow
rate monitoring system according to the procedures in appendix A to
part 75 of this chapter. If the carrier gas pressure drop is used,
determine, record, and maintain a record of the accuracy of the carrier
gas pressure drop monitoring system according to the procedures in
Sec. 63.1350(m)(6).
(vi) Calculate the run average sorbent injection rate for each run
and determine and include the average of the run average injection
rates in the performance test report and determine the applicable
injection rate limit in accordance with Sec. 63.1346(c)(1).
(4)(i) THC Emissions Test.
(A) If you are subject to limitations on THC emissions, you must
operate a continuous emissions monitoring system (CEMS) in accordance
with the requirements in Sec. 63.1350(i). For the purposes of
conducting the accuracy and quality assurance evaluations for CEMS, the
THC span value (as propane) is 50 ppmvd and the reference method (RM)
is Method 25A of appendix A to part 60 of this chapter.
(B) Use the THC CEMS to conduct the initial compliance test for the
first 30 kiln operating days of kiln operation after the compliance
date of the rule. See 63.1348(a).
(C) If kiln gases are diverted through an alkali bypass or to a
coal mill and exhausted through a separate stack, you must calculate a
kiln-specific THC limit using equation 5:

[[Page 42405]]

[GRAPHIC] [TIFF OMITTED] TP18JY12.009

Where:

Cks = Kiln stack concentration (ppmvd)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd)
Qcm = Coal mill flow rate (volume/hr)
Ccm = Coal mill concentration (ppmvd)
Qks = Kiln stack flow rate (volume/hr)

(D) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit. THC must be measured upstream of the coal
mill.
(ii) Total Organic HAP Emissions Tests. Instead of conducting the
performance test specified in paragraph (b)(4)(i) of this section, you
may conduct a performance test to determine emissions of total organic
HAP by following the procedures in paragraphs (b)(4)(iii) through
(b)(4)(iv) of this section.
(iii) Use Method 320 of appendix A to this part, Method 18 of
Appendix A of part 60, ASTM D6348-03 or a combination to determine
emissions of total organic HAP. Each performance test must consist of
three separate runs under the conditions that exist when the affected
source is operating at the representative performance conditions in
accordance with Sec. 63.7(e). Each run must be conducted for at least
1 hour. You must conduct the performance test while the raw mill of the
kiln is operating and while the raw mill of the kiln is not operating.
(iv) At the same time that you are conducting the performance test
for total organic HAP, you must also determine a site-specific THC
emissions limit by operating a CEMS in accordance with the requirements
of Sec. 63.1350(j). The duration of the performance test must be 3
hours and the highest 1-hour average THC concentration (as calculated
from the 1-minute averages) during the 3-hour test must be calculated.
Using the fraction of time the raw mill is on and the fraction of time
that the raw mill is off, calculate this limit as a weighted average of
the THC levels measured during raw mill on and raw mill off testing.
(v) You must repeat the performance test for organic HAP according
to paragraph (b)(4)(iii) and (iv) of this section no later than 12
months after your last test to confirm compliance with the organic HAP
emissions limit and to re-establish your site-specific THC emissions
limit.
(vi) If the THC level exceeds by 10 percent or more your site-
specific THC emissions limit, you must
(A) As soon as possible but no later than 30 days after the
exceedance, conduct an inspection and take corrective action to return
the THC CEMS measurements to within the established value; and
(B) Within 90 days of the exceedance or at the time of the annual
compliance test, whichever comes first, conduct another performance
test to determine compliance with the organic HAP limit and to verify
or re-establish your site-specific THC emissions limit.
(5) Mercury Emissions Tests. If you are subject to limitations on
mercury emissions, you must operate a mercury CEMS in accordance with
the requirements of Sec. 63.1350(k). The initial compliance test must
be based on the first 30 kiln operating days in which the affected
source operates using a mercury CEMS after the compliance date of the
rule. See Sec. 63.1348(a).
(i) If you are using a mercury CEMS or a sorbent trap monitoring
system, you must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in Sec.
63.1350(k)(5).
(ii) Calculate the emission rate using the equations 6 of this
section:
[GRAPHIC] [TIFF OMITTED] TP18JY12.010

Where:

E30D = 30-day rolling emission rate of mercury, lb/MM
tons clinker;
Ci = Concentration of mercury for operating hour i,
[mu]g/scm;
Qi = Volumetric flow rate of effluent gas for operating
hour i, where Cs and Qs are on the same basis
(either wet or dry), scm/hr;
K = Conversion factor, 1 lb/454,000,000 [mu]g;
n = Number of kiln operating hours in a 30 kiln operating day
period, n = 1 to 720.

(6) HCl Emissions Tests. For a source subject to limitations on HCl
emissions you must conduct performance testing by one of the following
methods:
(i)(A) If the source is equipped with a wet scrubber, tray tower or
dry scrubber, you must conduct performance testing using Method 321 of
appendix A to this part unless you have installed a CEMS that meets the
requirements Sec. 63.1350(l)(1).
(B) You must establish site specific parameter limits by using the
CPMS required in Sec. 63.1350(l)(1). For a wet scrubber or tray tower,
measure and record the pressure drop across the scrubber and/or liquid
flow rate and pH in intervals of no more than 15 minutes during the HCl
test. Compute and record the 24-hour average pressure drop, pH, and
average scrubber water flow rate for each sampling run in which the
applicable emissions limit is met. For a dry scrubber, measure and
record the sorbent injection rate in intervals of no more than 15
minutes during the HCl test. Compute and record the 24-hour average
sorbent injection rate and average sorbent injection rate for each
sampling run in which the applicable emissions limit is met.
(ii)(A) If the source is not controlled by a wet scrubber, tray
tower or dry sorbent injection system, you must operate a CEMS in
accordance with the requirements of Sec. 63.1350(l)(1). See Sec.
63.1348(a).
(B) The initial compliance test must be based on the 30 kiln
operating days that occur after the compliance date of this rule in
which the affected source operates using a HCl CEMS. Hourly HCl
concentration data must be obtained according to Sec. 63.1350(l).
(iii) As an alternative to paragraph (i), you may choose to monitor
SO2 emissions using a CEMS in accordance with the
requirements of Sec. 63.1350(l)(3). You must establish an
SO2 operating limit equal to the highest 1 hour average
recorded during the HCl stack test. This operating limit will apply
only for demonstrating HCl compliance.
(iv) If kiln gases are diverted through an alkali bypass or to a
coal mill and

[[Page 42406]]

exhausted through a separate stack, you must calculate a kiln-specific
HCl limit using equation 7:
[GRAPHIC] [TIFF OMITTED] TP18JY12.011

Where:

(c) Performance Test Frequency. Except as provided in Sec.
63.1348(b), performance tests are required at regular intervals for
affected sources that are subject to a dioxin or HCl emissions limit
and must be repeated every 30 months except for pollutants where that
specific pollutant is monitored using CEMS. Tests for PM and total
organic HAP are repeated every 12 months.
(d) Performance Test Reporting Requirements.
(1) You must submit the information specified in paragraphs (d)(1)
and (d)(2) of this section no later than 60 days following the initial
performance test. All reports must be signed by a responsible official.
(i) The initial performance test data as recorded under paragraph
(b) of this section.
(ii) The values for the site-specific operating limits or
parameters established pursuant to paragraphs (b)(3), (b)(4)(iii),
(b)(5)(ii), and (b)(6)(i) of this section, as applicable, and a
description, including sample calculations, of how the operating
parameters were established during the initial performance test.
(2) As of December 31, 2011 and within 60 days after the date of
completing each performance evaluation or test, as defined in Sec.
63.2, conducted to demonstrate compliance with any standard covered by
this subpart, you must submit the relative accuracy test audit data and
performance test data, except opacity data, to the EPA by successfully
submitting the data electronically to the EPA's Central Data Exchange
(CDX) by using the Electronic Reporting Tool(ERT) (see https://www.epa.gov/ttn/chief/ert/ert_tool.html/).
(e) Conditions of performance tests. Conduct performance tests
under such conditions as the Administrator specifies to the owner or
operator based on representative performance of the affected source for
the period being tested. Upon request, you must make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
20. Section 63.1350 is amended by:
a. Revising paragraphs (a) through (d);
b. Revising paragraph (f) introductory text;
c. Revising paragraphs (f)(1)(iv) through (f)(1)(vi);
d. Revising paragraphs (f)(2)(i) and (f)(2)(iii);
e. Revising paragraphs (f)(3) and (f)(4);
f. Revising paragraph (g)(1) introductory text;
g. Revising paragraphs (g)(2) and (g)(4);
h. Revising paragraph (h)(1)(ii);
i. Revising paragraphs (i)(1) and (i)(2);
j. Adding paragraph (i)(3);
k. Revising paragraph (k);
l. Revising paragraph (l);
m. Revising paragraph (m) introductory text;
n. Revising paragraph (m)(7)(i);
o. Revising introductory text for paragraphs (m)(9);
p. Revising paragraph (m)(10), and paragraph (m)(11)(v);
q. Revising introductory text for paragraphs (n), (o), and (p);
r. Removing and reserving paragraph (n)(3); and
s. Revising introductory text for paragraphs (p)(1), (p)(2), and
(p)(5).
The revisions read as follows:

Sec. 63.1350 Monitoring requirements.

(a)(1) Following the compliance date, the owner or operator must
demonstrate compliance with this subpart on a continuous basis by
meeting the requirements of this section.
(2) All continuous monitoring data for periods of startup and
shutdown must be compiled and averaged separately from data gathered
during other operating periods.
(3) For each existing unit that is equipped with a CMS, maintain
the average emissions or the operating parameter values within the
operating parameter limits established through performance tests.
(4) Any instance where the owner or operator fails to comply with
the continuous monitoring requirements of this section is a deviation.
(b) PM Monitoring Requirements.
(1)(i) PM CPMS. You will use a PM CPMS to establish a site-specific
operating limit corresponding to the results of the performance test
demonstrating compliance with the PM limit. You will conduct your
performance test using Method 5 at appendix A-3 to part 60 of this
chapter. You will use the PM CPMS to demonstrate continuous compliance
with this operating limit. You must repeat the performance test
annually and reassess and adjust the site-specific operating limit in
accordance with the results of the performance test.
(ii) To determine continuous compliance, you must record the PM
CPMS output data for all periods when the process is operating and the
PM CPMS is not out-of-control. You must demonstrate continuous
compliance by using all quality-assured hourly average data collected
by the PM CPMS for all operating hours to calculate the arithmetic
average operating parameter in units of the operating limit (e.g.,
milliamps, PM concentration, raw data signal) on a 30 operating day
rolling average basis, updated at the end of each new kiln operating
day.
(iii) For any deviation of the 30 process operating day PM CPMS
average value from the established operating parameter limit, you must
(A) Within 48 hours of the deviation, visually inspect the APCD;
(B) If inspection of the APCD identifies the cause of the
deviation, take corrective action as soon as possible, and return the
PM CPMS measurement to within the established value; and
(C) Within 45 days of the deviation or at the time of the annual
compliance test, whichever comes first, conduct a PM emissions
compliance test to determine compliance with the PM emissions limit and
to verify or re-establish the CPMS operating limit. You are not
required to conduct additional testing for any deviations that occur
between the time of the original deviation and the PM emissions
compliance test required under this paragraph.
(iv) PM CPMS deviations from the operating limit leading to more
than four required performance tests in a 12-month process operating
period (rolling monthly) constitute a separate violation of this
subpart.

[[Page 42407]]

(2) Kilns equipped with an alkali bypass. If kiln gases are
diverted through an alkali bypass, you must account for the PM emitted
from the alkali bypass stack by following the procedures in (b)(2)(i)
through (v) of this section:
(i) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere from the alkali bypass stack according to
the requirements in paragraphs (n)(1) through (n)(10) of this section.
(ii) Develop a PM emissions factor by conducting annual performance
tests using Method 5 to measure the concentration of PM in the gases
exhausted from the alkali bypass stack.
(iii) On a continuous basis, determine the mass emissions of PM in
pounds per hour from the alkali bypass exhaust by using the PM
emissions factor and the continuously measured exhaust gas flow rates.
(iv) Sum the hourly PM emissions from the kiln and alkali bypass to
determine total hourly PM emissions. Using hourly clinker production,
calculate the hourly emissions rate in pounds per ton of clinker to
determine your 30 day rolling average.
(v) If you monitor compliance using a PM CPMS, you must determine
compliance according to paragraphs (b)(3)(v)(A) through (C) of this
section:
(A) Conduct an annual performance test using Method 5 to determine
total PM emissions from the alkali bypass and kiln.
(B) To determine continuous compliance, you must establish your PM
CPMS operating limit according to paragraph (b)(1) of this section.
(C) You must establish the maximum exhaust gas flow rate for the
alkali bypass during your annual performance test. You must
continuously monitor the flow rate until the next performance test. If
there is a deviation of the monitored flow rate from the maximum
established during your last performance test by more than 10 percent,
you must retest the kiln and alkali bypass to determine compliance.
(c) [Reserved]
(d) Clinker Production Monitoring Requirements. If you are subject
to an emissions limitation on PM or mercury emissions (lb/ton of
clinker), you must:
(1) Determine hourly clinker production by one of two methods:
(i) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of clinker produced. The system of measuring hourly
clinker production must be maintained within 5 percent
accuracy, or
(ii) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates in tons-mass per hour
of the amount of feed to the kiln. The system of measuring feed must be
maintained within 5 percent accuracy. Calculate your hourly
clinker production rate using a kiln specific feed to clinker ratio
based on reconciled clinker production determined for accounting
purposes and recorded feed rates. Update this ratio monthly. Note that
if this ratio changes at clinker reconciliation, you must use the new
ratio going forward, but you do not have to retroactively change
clinker production rates previously estimated.
(iii) [Reserved]
(2) Determine, record, and maintain a record of the accuracy of the
system of measuring hourly clinker production (or feed mass flow if
applicable) before initial use (for new sources) or by the effective
compliance date of this rule (for existing sources). During each
quarter of source operation, you must determine, record, and maintain a
record of the ongoing accuracy of the system of measuring hourly
clinker production (or feed mass flow).
(3) If you measure clinker production directly, record the daily
clinker production rates; if you measure the kiln feed rates and
calculate clinker production, record the daily kiln feed and clinker
production rates.
(4) Develop an emissions monitoring plan in accordance with
paragraphs (p)(1) through (p)(4) of this section.
(e) [Reserved]
(f) Opacity Monitoring Requirements. If you are subject to a
limitation on opacity under Sec. 63.1345, you must conduct required
opacity monitoring in accordance with the provisions of paragraphs
(f)(1)(i) through (f)(1)(vii) of this section and in accordance with
your monitoring plan developed under Sec. 63.1350(p). You must also
develop an opacity monitoring plan in accordance with paragraphs (p)(1)
through (p)(4) and paragraph (o)(5), if applicable, of this section.
(1) * * *
(iv) If visible emissions are observed during any Method 22
performance test, of appendix A-7 to part 60 of this chapter, you must
conduct 30 opacity observations in accordance with Method 9 of appendix
A-4 to part 60 of this chapter. The Method 9 performance test, of
appendix A-4 to part 60 of this chapter, must begin within 1 hour of
any observation of visible emissions.
(v) The requirement to conduct Method 22 visible emissions
monitoring under this paragraph do not apply to any totally enclosed
conveying system transfer point, regardless of the location of the
transfer point. The enclosures for these transfer points must be
operated and maintained as total enclosures on a continuing basis in
accordance with the facility operations and maintenance plan.
(vi) If any partially enclosed or unenclosed conveying system
transfer point is located in a building, you must conduct a Method 22
performance test, of appendix A-7 to part 60 of this chapter, according
to the requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this
section for each such conveying system transfer point located within
the building, or for the building itself, according to paragraph
(f)(1)(vii) of this section.
* * * * *
(2)(i) For a raw mill or finish mill, you must monitor opacity by
conducting daily visible emissions observations of the mill sweep and
air separator PM control devices (PMCD) of these affected sources in
accordance with the procedures of Method 22 of appendix A-7 to part 60
of this chapter. The duration of the Method 22 performance test must be
6 minutes.
* * * * *
(iii) If visible emissions are observed during the follow-up Method
22 performance test required by paragraph (f)(2)(ii) of this section
from any stack from which visible emissions were observed during the
previous Method 22 performance test required by paragraph (f)(2)(i) of
the section, you must then conduct an opacity test of each stack from
which emissions were observed during the follow up Method 22
performance test in accordance with Method 9 of appendix A-4 to part 60
of this chapter. The duration of the Method 9 test must be 30 minutes.
(3) If visible emissions are observed during any Method 22 visible
emissions test conducted under paragraphs (f)(1) or (f)(2) of this
section, you must initiate, within one hour, the corrective actions
specified in your operation and maintenance plan as required in Sec.
63.1347.
(4) The requirements under paragraph (f)(2) of this section to
conduct daily Method 22 testing do not apply to any specific raw mill
or finish mill equipped with a COMS or BLDS.
(i) If the owner or operator chooses to install a COMS in lieu of
conducting the daily visible emissions testing required under paragraph
(f)(2) of this section, then the COMS must be installed at the outlet
of the PM control device of the raw mill or finish mill and the COMS
must be installed, maintained,

[[Page 42408]]

calibrated, and operated as required by the general provisions in
subpart A of this part and according to PS-1 of appendix B to part 60
of this chapter.
(ii) If you choose to install a BLDS in lieu of conducting the
daily visible emissions testing required under paragraph (f)(2) of this
section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10)
and (m)(11) of this section apply.
(g) * * *
(1) You must install, calibrate, maintain, and continuously operate
a CMS to record the temperature of the exhaust gases from the kiln and
alkali bypass, if applicable, at the inlet to, or upstream of, the kiln
and/or alkali bypass PMCDs.
* * * * *
(2) You must monitor and continuously record the temperature of the
exhaust gases from the kiln and alkali bypass, if applicable, at the
inlet to the kiln and/or alkali bypass PMCD.
* * * * *
(4) Calculate the rolling three-hour average temperature using the
average of 180 successive one-minute average temperatures. See Sec.
63.1349(b)(3).
* * * * *
(h) * * *
(1) * * *
(ii) Each hour, calculate the three-hour rolling average activated
carbon injection rate for the previous 3 hours of process operation.
See Sec. 63.1349(b)(3).
* * * * *
(i) * * *
(1) You must install, operate, and maintain a THC continuous
emission monitoring system in accordance with Performance Specification
8A of appendix B to part 60 of this chapter and comply with all of the
requirements for continuous monitoring systems found in the general
provisions, subpart A of this part. The owner or operator must operate
and maintain each CEMS according to the quality assurance requirements
in Procedure 1 of appendix F in part 60 of this chapter.
(2) For sources equipped with an alkali bypass stack or that
exhaust kiln gases to a coal mill that exhausts through a separate
stack, instead of installing a CEMS, you may use the results of the
initial and subsequent performance test to demonstrate compliance with
the THC emissions limit.
(3) Performance tests on alkali bypass and coal mill stacks must be
conducted using Method 25A in appendix A to 40 CFR part 60 and repeated
annually.
* * * * *
(k) Mercury Monitoring Requirements. If you have a kiln subject to
an emissions limitation on mercury emissions, you must install and
operate a mercury continuous emissions monitoring system (Hg CEMS) in
accordance with Performance Specification 12A (PS 12A) of appendix B to
part 60 of this chapter or a sorbent trap-based integrated monitoring
system in accordance with Performance Specification 12B (PS 12B) of
appendix B to part 60 of this chapter. You must monitor mercury
continuously according to paragraphs (k)(1) through (k)(5) of this
section. You must also develop an emissions monitoring plan in
accordance with paragraphs (p)(1) through (p)(4) of this section.
(1) You must use a span value for any Hg CEMS that represents the
mercury concentration corresponding to approximately two times the
emissions standard rounded up to the nearest multiple of 5 [micro]g/
m\3\ of total mercury. As specified in PS 12A, Section 6.1.1, the data
recorder output range must include the full range of expected Hg
concentration values which would include those expected during ``mill
off'' conditions.
(2) In order to quality assure data measured above the span value,
you must use one of the options in paragraphs (k)(2)(i) through
(k)(2)(iii) below.
(i) Include a second span that encompasses the Hg emission
concentrations expected to be encountered during ``mill off''
conditions. This second span may be rounded to a multiple of 5
[micro]g/m\3\ of total mercury. The requirements of PS-12A, shall be
followed for this second span with the exception that a RATA with the
mill off is not required.
(ii) Conduct an additional `above span' daily calibration using a
Hg reference gas standard at a concentration level between 50 and 85
percent of the highest hourly Hg concentration expected during ``mill
off'' conditions. The `above span' reference gas must meet the
requirements of PS 12A, Section 7.1 and be introduced at the probe. The
`above span' calibration is successful if the value measured by the Hg
CEMS is within 20 percent of the certified value of the reference gas.
Record and report the results of this procedure as you would for a
daily calibration.
(iii) If you choose not to conduct an additional daily calibration,
then quality assure any data above the span value established in
paragraph (k)(1) of this section using the following procedure. Any
time the one hour average measured concentration of Hg exceeds the span
value you must, within 24 hours, introduce a higher, `above span' Hg
reference gas standard to the Hg CEMS. The `above span' reference gas
must meet the requirements of PS 12A, Section 7.1, must be of a
concentration level greater than 80 percent of the highest hourly
concentration measured during the period of measurements above span,
and must be introduced at the probe. Record and report the results of
this procedure as you would for a daily calibration. The `above span'
calibration is successful if the value measured by the Hg CEMS is
within 20 percent of the certified value of the reference gas. If the
value measured by the Hg CEMS exceeds 20 percent of the certified value
of the reference gas, then you must normalize the one-hour average
stack gas values measured above the span during the 24-hour period
preceding the `above span' calibration for reporting based on the Hg
CEMS response to the reference gas as follows:
[GRAPHIC] [TIFF OMITTED] TP18JY12.012

(3) You must operate and maintain each Hg CEMS or sorbent trap-
based integrated monitoring system according to the quality assurance
requirements in Procedure 5 of appendix F to part 60 of this chapter.
(4) Relative accuracy testing of mercury monitoring systems under
PS 12A, PS 12B, or Procedure 5 must be conducted at normal operating
conditions with the raw mill on.
(5) If you use a Hg CEMS or a sorbent trap-based integrated
monitoring system, you must install, operate, calibrate, and maintain
an instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in paragraphs
(n)(1) through (n)(10) of this section. If kiln gases are diverted
through an alkali bypass or to a coal mill and exhausted through
separate stacks, you must account for the mercury emitted from

[[Page 42409]]

those stacks by following the procedures in (k)(5)(i) through (v) of
this section:
(i) You must install, operate, calibrate, and maintain an
instrument for continuously measuring and recording the exhaust gas
flow rate to the atmosphere according to the requirements in paragraphs
(n)(1) through (n)(10) of this section.
(ii) Develop a mercury hourly mass emissions rate by conducting
annual performance tests using Method 29 to measure the concentration
of mercury in the gases exhausted from the alkali bypass and coal mill.
(iii) On a continuous basis, determine the mass emissions of
mercury in pounds per hour from the alkali bypass and coal mill
exhausts by using the mercury hourly emissions rate and the
continuously measured exhaust gas flow rates.
(iv) Sum the hourly mercury emissions from the kiln, alkali bypass
and coal mill to determine total mercury emissions. Using hourly
clinker production, calculate the hourly emissions rate in pounds per
ton of clinker to determine your 30 day rolling average.
(v) If mercury emissions from the coal mill are below the method
detection limit for two consecutive annual performance tests, you may
reduce the frequency of the performance tests of coal mills to once
every 30 months. If the measured mercury concentration exceeds the
method detection limit, you must revert to testing annually until two
consecutive annual tests are below the method detection limit.
(6) If you operate an integrated sampling Hg CEMS conforming to PS
12B, you may use a monitoring period from 24 hours to 168 hours in
length. You should use a monitoring period that is a multiple of 24
hours (except during relative accuracy testing as allowed in PS 12B).
(l) HCl Monitoring Requirements. If you are subject to an emissions
limitation on HCl emissions in Sec. 63.1343, you must monitor HCl
emissions continuously according to paragraph (l)(1) or (2) and
paragraphs (m)(1) through (m)(4) of this section or, if your kiln is
controlled using a wet or dry scrubber or tray tower, you alternatively
may monitor SO2 emissions continuously according to
paragraph (l)(3) of this section. You must also develop an emissions
monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of
this section.
(1) If you monitor compliance with the HCl emissions limit by
operating an HCl CEMS, you must do so in accordance with Performance
Specification 15 (PS 15) of appendix B to part 60 of this chapter, or,
upon promulgation, in accordance with any other performance
specification for HCl CEMS in appendix B to part 60 of this chapter.
You must operate, maintain, and quality assure an HCl CEMS installed
and certified under PS 15 according to the quality assurance
requirements in Procedure 1 of appendix F to part 60 of this chapter
except that the Relative Accuracy Test Audit requirements of Procedure
1 must be replaced with the validation requirements and criteria of
sections 11.1.1 and 12.0 of PS 15. If you install and operate an HCl
CEMS in accordance with any other performance specification for HCl
CEMS in appendix B to part 60 of this chapter, you must operate,
maintain and quality assure the HCl CEMS using the procedure of
appendix F to part 60 of this chapter applicable to the performance
specification. You must use Method 321 of appendix A to part 63 of this
chapter as the reference test method for conducting relative accuracy
testing. The span value and calibration requirements in paragraphs
(l)(1)(i) and (l)(1)(ii) below apply to HCl CEMS other than those
installed and certified under PS 15.
(i) You must use a span value for any HCl CEMS that represents the
intended upper limit of the HCl concentration measurement range during
normal ``mill on'' operation. The span value should be equivalent to
approximately two times the emissions standard and it may be rounded to
the nearest multiple of 5 ppm of HCl. The HCl CEMS data recorder output
range must include the full range of expected HCl concentration values
which would include those expected during ``mill off'' conditions.
(ii) In order to quality assure data measured above the span value,
you must use one of the two options in paragraphs (l)(1)(ii)(A) and
(l)(1)(ii)(B) below.
(A) Conduct an additional `above span' daily calibration using a
HCl reference gas standard at a concentration level between 50 and 85
percent of the highest hourly HCl concentration expected during ``mill
off'' conditions. The `above span' reference gas must meet the
requirements of the applicable performance specification and be
introduced at the probe. The `above span' calibration is successful if
the value measured by the HCl CEMS is within 20 percent of the
certified value of the reference gas. If the value measured by the HCl
CEMS is not within 20 percent of the certified value of the reference
gas, then you must normalize the stack gas values measured above span
as described in paragraph (l)(1)(ii)(C) below. Record and report the
results of this procedure as you would for a daily calibration.
(B) If you choose not to conduct an additional calibration on a
daily basis, then quality assure any data above the span value
established in paragraph (l)(1)(i) of this section using the following
procedure. Any time the average measured concentration of HCl exceeds
or is expected to exceed the span value for greater than two hours you
must, within a period 24 hours before or after the `above span' period,
introduce a higher, `above span' HCl reference gas standard to the HCl
CEMS. The `above span' reference gas must meet the requirements of the
applicable performance specification and be of a concentration level
greater than or equal to 80 percent of the highest hourly concentration
measured during the period of measurements above span, and must be
introduced at the probe. Record and report the results of this
procedure as you would for a daily calibration. The `above span'
calibration is successful if the value measured by the HCl CEMS is
within 20 percent of the certified value of the reference gas. If the
value measured by the HCl CEMS is not within 20 percent of the
certified value of the reference gas, then you must normalize the stack
gas values measured above span as described in paragraph (l)(1)(ii)(C)
below. If the `above span' calibration is conducted during the period
when measured emissions are above span and there is a failure to
collect the required minimum number of data points in an hour due to
the calibration duration, then you must determine the emissions average
for that missed hour as the average of hourly averages for the hour
preceding the missed hour and the hour following the missed hour.
(C) In the event that the `above span' calibration is not
successful (i.e., the HCl CEMS measured value is not within 20 percent
of the certified value of the reference gas), then you must normalize
the one-hour average stack gas values measured above the span during
the 24-hour period preceding or following the `above span' calibration
for reporting based on the HCl CEMS response to the reference gas as
follows:

[[Page 42410]]

[GRAPHIC] [TIFF OMITTED] TP18JY12.013

(2) Install, operate, and maintain a CMS to monitor wet scrubber or
tray tower parameters, as specified in paragraphs (m)(5) and (m)(7) of
this section, and dry scrubber, as specified in paragraph (m)(8) of
this section.
(3) If the source is equipped with a wet or dry scrubber or tray
tower, and you choose to monitor SO2 emissions, monitor
SO2 emissions continuously according to the requirements of
Sec. 60.63(e) through (f) of part 60 subpart F of this chapter. If
SO2 levels increase above the 1 hour average SO2
operating limit established during your performance test, you must
(i) As soon as possible but no later than 48 hours after you
deviate from the established SO2 value conduct an inspection
and take corrective action to return the SO2 emissions to
within the operating limit; and
(ii) Within 60 days of the deviation or at the time of the next
compliance test, whichever comes first, conduct an HCl emissions
compliance test to determine compliance with the HCl emissions limit
and to verify or re-establish the SO2 CEMS operating limit.
(m) Parameter Monitoring Requirements. If you have an operating
limit that requires the use of a CMS, you must install, operate, and
maintain each continuous parameter monitoring system (CMS) according to
the procedures in paragraphs (m)(1) through (4) of this section by the
compliance date specified in Sec. 63.1351. You must also meet the
applicable specific parameter monitoring requirements in paragraphs
(m)(5) through (m)(11) that are applicable to you.
* * * * *
(7) * * *
(i) Locate the pH sensor in a position that provides a
representative measurement of wet scrubber or tray tower effluent pH.
* * * * *
(9) Mass Flow Rate (for Sorbent Injection) Monitoring Requirements.
If you have an operating limit that requires the use of equipment to
monitor sorbent injection rate (e.g., weigh belt, weigh hopper, or
hopper flow measurement device), you must meet the requirements in
paragraphs (m)(9)(i) through (iii) of this section. These requirements
also apply to the sorbent injection equipment of a dry scrubber.
* * * * *
(10) Bag leak detection monitoring requirements. If you elect to
use a fabric filter bag leak detection system to comply with the
requirements of this subpart, you must install, calibrate, maintain,
and continuously operate a BLDS as specified in paragraphs (m)(10)(i)
through (viii) of this section.
(i) You must install and operate a BLDS for each exhaust stack of
the fabric filter.
(ii) Each BLDS must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations and in accordance with the guidance
provided in EPA-454/R-98-015, September 1997.
(iii) The BLDS must be certified by the manufacturer to be capable
of detecting PM emissions at concentrations of 10 or fewer milligrams
per actual cubic meter.
(iv) The BLDS sensor must provide output of relative or absolute PM
loadings.
(v) The BLDS must be equipped with a device to continuously record
the output signal from the sensor.
(vi) The BLDS must be equipped with an alarm system that will alert
an operator automatically when an increase in relative PM emissions
over a preset level is detected. The alarm must be located such that
the alert is detected and recognized easily by an operator.
(vii) For positive pressure fabric filter systems that do not duct
all compartments of cells to a common stack, a BLDS must be installed
in each baghouse compartment or cell.
* * * * *
(11) * * *
(v) Cleaning the BLDS probe or otherwise repairing the BLDS; or
* * * * *
(n) Continuous Flow Rate Monitoring System. You must install,
operate, calibrate, and maintain instruments, according to the
requirements in paragraphs (n)(1) through (10) of this section, for
continuously measuring and recording the stack gas flow rate to allow
determination of the pollutant mass emissions rate to the atmosphere
from sources subject to an emissions limitation that has a pounds per
ton of clinker unit.
* * * * *
(3) [Reserved]
* * * * *
(o) Alternate Monitoring Requirements Approval. You may submit an
application to the Administrator for approval of alternate monitoring
requirements to demonstrate compliance with the emission standards of
this subpart, except for emission standards for THC, subject to the
provisions of paragraphs (o)(1) through (o)(6) of this section.
* * * * *
(p) Development and Submittal (Upon Request) of Monitoring Plans.
If you demonstrate compliance with any applicable emissions limit
through performance stack testing or other emissions monitoring, you
must develop a site-specific monitoring plan according to the
requirements in paragraphs (p)(1) through (4) of this section. This
requirement also applies to you if you petition the EPA Administrator
for alternative monitoring parameters under paragraph (o) of this
section and Sec. 63.8(f). If you use a BLDS, you must also meet the
requirements specified in paragraph (p)(5) of this section.
(1) For each CMS required in this section, you must develop, and
submit to the permitting authority for approval upon request, a site-
specific monitoring plan that addresses paragraphs (p)(1)(i) through
(iii) of this section. You must submit this site-specific monitoring
plan, if requested, at least 30 days before your initial performance
evaluation of your CMS.
* * * * *
(2) In your site-specific monitoring plan, you must also address
paragraphs (p)(2)(i) through (iii) of this section.
* * * * *
(5) BLDS Monitoring Plan. Each monitoring plan must describe the
items in paragraphs (p)(5)(i) through (v) of this section. At a
minimum, you must retain records related to the site-specific
monitoring plan and information discussed in paragraphs (m)(1) through
(4), (m)(10) and (m)(11) of this section for a period of 5 years, with
at least the first 2 years on-site;
* * * * *
21. Section 63.1351 is amended by:
a. Revising paragraphs (c) and (d); and
b. Adding paragraph (e).
The revisions and addition read as follows:

Sec. 63.1351 Compliance dates.

* * * * *
(c) The compliance date for existing sources for all the
requirements that become effective on [DATE 60 DAYS AFTER PUBLICATION
OF THE FINAL RULE IN THE Federal Register] will be September 9, 2015.].

[[Page 42411]]

(d) The compliance date for new sources is May 6, 2009 or startup,
whichever is later.
(e) The compliance date for existing and new sources with the
requirements for open clinker storage piles in Sec. 63.1343(c) is
[DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal
Register] or startup, whichever is later.
22. Section 63.1352 is amended by revising paragraph (b) to read as
follows:

Sec. 63.1352 Additional test methods.

* * * * *
(b) Owners or operators conducting tests to determine the rates of
emission of specific organic HAP from raw material dryers, and kilns at
Portland cement manufacturing facilities, solely for use in
applicability determinations under Sec. 63.1340 of this subpart are
permitted to use Method 320 of appendix A to this part, or Method 18 of
appendix A to part 60 of this chapter.
23. Section 63.1353 is amended by adding paragraph (b)(6) to read
as follows:

Sec. 63.1353 Notification Requirements.

* * * * *
(b) * * *
(6) Within 48 hours of a deviation that triggers retesting to
establish compliance and new operating limits, notify the appropriate
permitting agency of the planned performance tests. The notification
requirements of Sec. 63.7(e) and 63.9(e) do not apply to retesting
required for deviations under this subpart.
* * * * *
24. Section 63.1354 is amended by:
a. Removing and reserving paragraphs (b)(4) and (5);
b. Revising paragraph (b)(9)(vi);
c. Adding paragraph (b)(9)(vii); and
d. Revising paragraph (c).
The revisions, addition, and deletion read as follows:

Sec. 63.1354 Reporting requirements.

* * * * *
(b) * * *
(9) * * *
(vi) For each PM, HCl, Hg, and THC CEMS or Hg sorbent trap
monitoring system, within 60 days after the reporting periods, you must
submit reports to EPA's WebFIRE database by using the Compliance and
Emissions Data Reporting Interface (CEDRI) that is accessed through
EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). You must use the
appropriate electronic reporting form in CEDRI or provide an alternate
electronic file consistent with EPA's reporting form output format. For
each reporting period, the reports must include all of the calculated
30-operating day rolling average values derived from the CEMS or Hg
sorbent trap monitoring systems.
(vii) In response to each deviation from an emissions standard or
established operating parameter limit, the date, duration and
description of each deviation and the specific actions taken for each
deviation including inspections, corrective actions and repeat
performance tests and the results of those actions.
* * * * *
(c) Reporting deviations due to startup, shutdown or malfunctions.
For each deviation from a standard or emission limit caused by a
startup, shutdown, or malfunction at an affected source, you must
report the deviation in the semi-annual compliance report required by
63.1354(b)(9). The report must contain the date, time and duration, and
the cause of each event (including unknown cause, if applicable), and a
sum of the number of events in the reporting period. The report must
list for each event the affected source or equipment, an estimate of
the volume of each regulated pollutant emitted over the emission limit
for which the source failed to meet a standard, and a description of
the method used to estimate the emissions. The report must also include
a description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 63.1348(d), including actions taken to correct a
malfunction.
* * * * *
25. Section 63.1355 is amended by:
a. Revising paragraphs (f) and (g)(1); and
b. Adding paragraph (h).

The revisions read as follows:

Sec. 63.1355 Recordkeeping requirements.

* * * * *
(f) The date, time and duration of each startup or shutdown which
causes the source to exceed any applicable emission limitation, and
(f)(i) through (iii) of this section;
(i) The date, time, and duration of each startup or shutdown
period, for any affected source that is subject to an emission standard
during startup or shutdown that differs from the emission standard
applicable at other times.
(ii) The quantity and type of raw feed and fuel used during the
startup or shutdown period.
(iii) An estimate of the volume of each regulated pollutant emitted
over the emission limit during startup or shutdown, with a description
of the method used to estimate emissions.
(g)(1) The date, time and duration of each malfunction that causes
an affected source to fail to meet an applicable standard; if there was
also a monitoring malfunction, the date, time and duration of the
monitoring malfunction; the record must list the affected source or
equipment, an estimate of the volume of each regulated pollutant
emitted over the standard for which the source failed to meet a
standard, and a description of the method used to estimate the
emissions.
* * * * *
(h) For each deviation from an emissions standard or established
operating parameter limit, you must keep records of the date, duration
and description of each deviation and the specific actions taken for
each deviation including inspections, corrective actions and repeat
performance tests and the results of those actions.
* * * * *
26. Section 63.1356 is amended by revising the section heading and
the section text to read as follows:

Sec. 63.1356 Sources with multiple emissions limit or monitoring
requirements.

If an affected facility subject to this subpart has a different
emissions limit or requirement for the same pollutant under another
regulation in title 40 of this chapter, the owner or operator of the
affected facility must comply with the most stringent emissions limit
or requirement and is exempt from the less stringent requirement.
27. Section 63.1357 is amended by:
a. Revising paragraph (a)(1); and
b. Revising paragraph (a)(2).
The revisions read as follows:

Sec. 63.1357 Temporary, conditioned exemption from particulate matter
and opacity standards.

(a) * * *
(1) Any PM and opacity standards of part 60 or part 63 of this
chapter that are applicable to cement kilns and clinker coolers.
(2) Any permit or other emissions or operating parameter or other
limitation on workplace practices that are applicable to cement kilns
and clinker coolers to ensure compliance with any PM and opacity
standards of this part or part 60 of this chapter.
* * * * *
28. Table 1 to Subpart LLL of Part 63 is revised by revising the
entries for 63.6(e)(3), 63.7(b), and 63.9(e) to read as follows:

[[Page 42412]]

Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to Subpart LLL Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
63.6(e)(3)......................... Startup, Shutdown No......................... Startup and shutdown
Malfunction Plan. plans addressed in
Sec. 63.1347.

* * * * * * *
63.7(b)............................ Notification period... Yes........................ Except for repeat
performance test
caused by a
deviation. See Sec.
63.1353(b)(6).

* * * * * * *
63.9(e)............................ Notification of Yes........................ Except for repeat
performance test. performance test
caused by a
deviation. See Sec.
63.1353(b)(6).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-16166 Filed 7-17-12; 8:45 am]
BILLING CODE 6560-50-P

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