Current through Register Vol. 49, No. 6, March 15, 2024
If the commission adopts this rule action, the department
intends to submit this rule amendment to the U.S. Environmental Protection
Agency to replace the current rule that is in the Missouri State Implementation
Plan. The evidence supporting the need for this proposed rulemaking is avail-
able for viewing at the Missouri Department of Natural Resources' Air Pollution
Control Program at the address listed in the Notice of Public Hearing at the
end of this rule. More information concerning this rulemaking can be found at
the Missouri Department of Natural Resources' Proposed Rules website
www.dnr.mo.gov/proposed-rules.
PURPOSE: This rule reduces emissions of oxides of
nitrogen (NOx) to ensure compliance with the federal
NOx control plan to reduce the transport of air
pollutants. The purpose of this rulemaking is to comply with Executive Order
17-03 criteria and will remove the unnecessary use of restrictive words. This
rulemaking will also remove obsolete dates and add definitions specific to this
rule. The evidence supporting the need for this proposed rulemaking, per
536.016, RSMo, is Executive Order 17-03.
(1) Applicability. This rule applies to any
cement kiln located in the counties of Bollinger, Butler, Cape Girardeau,
Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson,
Lewis, Lincoln, Madison, Marion, Mississippi, Montgomery, New Madrid, Oregon,
Pemiscot, Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, St. Francois, St.
Louis, Ste. Genevieve, Scott, Shannon, Stoddard, Warren, Washington and Wayne
counties and the City of St. Louis that-
(A)
Is a long dry kiln with an actual process rate of at least twelve tons of
clinker produced per hour (12 TPH);
(B) Is a long wet kiln with an actual process
rate of at least ten (10) TPH;
(C)
Is a preheater kiln with an actual process rate of at least sixteen (16) TPH;
or
(D) Is a precalciner or
preheater/precalcin-er kiln with an actual process rate of at least twenty-two
(22) TPH.
(2)
Definitions.
(A) Clinker The product of a
Portland cement kiln from which finished cement is manufactured by milling and
grinding.
(B) Director-Director of
the Missouri Department of Natural Resources, or a representative designated to
carry out duties as described in 643.060, RSMo.
(C) Long-dry kiln A kiln fourteen feet (14') or larger
in diameter, four hundred feet (400') or greater in length, which employs no
preheating of the feed and the inlet feed to the kiln is dry.
(D) Long-wet kiln A kiln fourteen feet (14')
or larger in diameter, four hundred feet (400') or greater in length, which
employs no preheating of the feed and the inlet feed to the kiln is a
slurry.
(E)
Low-NOx burners A type of cement kiln burner (a device
that functions as an injector of fuel and combustion air into kiln to produce a
flame that burns as close as possible to the center line of the kiln) that has
a series of channels or orifices that 1) allow for the adjustment of the
volume, velocity, pressure, and/or direction of the air carrying the fuel,
known as primary air, into the kiln, and 2) impart high momentum and turbulence
to the fuel stream to facilitate mixing of the fuel and secondary
air.
(F) Mid-kiln firing Secondary
firing in kiln systems by injecting fuel at an intermediate point in the kiln
system using a specially designed fuel injection mechanism for the purpose of
decreasing NOx emissions through
1. The burning of part of the fuel at a lower
temperature; and
2. The creation of
reducing conditions at the point of initial combustion.
(G) Portland cement A hydraulic cement
produced by pulverizing clinker consisting essentially of hydraulic calcium
silicates, usually containing one (1) or more of the forms of calcium sulfate
as an interground addition.
(H)
Portland cement kiln A system, including any solid, gaseous, or liquid fuel
combustion equipment, used to calcine and fuse raw materials, including
limestone and clay, to produce Portland cement clinker.
(I) Preheater/precalciner kiln A kiln where the feed
to the kiln system is preheated in cyclone chambers and that utilizes a second
burner to provide heat for calcination of material prior to the material
entering the rotary kiln which forms clinker.
(J) Preheater kiln A kiln where the feed to the kiln
system is preheated in cyclone chambers prior to the final fusion, which forms
clinker.
(K) Recoverable fuel
Fuels that have been permitted for use for energy recovery under
10 CSR
10-6.065.
(L) Renewable fuel Renewable energy resources that
include, but are not limited to, solar (photovoltaic), wind, and biomass.
Biomass includes, but is not limited to: agricultural crops and crop waste,
untreated wood and wood wastes, livestock waste, wastepaper, and organic
municipal solid waste.
(3) General Provisions.
(A) An owner or operator of any Portland
cement kiln subject to this rule shall not operate the kiln during the period
starting May 1 and ending September 30 of each year, unless the kiln is
equipped and operates with one (1) of the following:
1. Low-NOx
burners;
2. Mid-kiln
firing;
3. An alternative control
technology that is approved by the director, and incorporated in the federally
approved SIP, and is proven to achieve emission reductions of thirty percent
(30%) or greater;
4. An emission
rate of-
A. For long-wet kilns-6.8 pounds of
NOx per ton of clinker produced, averaged over the
period from May 1 through September 30 of each year;
B. For long-dry kilns-6.0 pounds of
NOx per ton of clinker produced, averaged over the
period from May 1 through September 30 of each year;
C. For preheater kilns-4.1 pounds of
NOx per ton of clinker produced, averaged over the
period from May 1 through September 30 of each year; or
D. For preheater/precalciner kilns-2.7 pounds
of NOx per ton of clinker produced, averaged over the
period from May 1 through September 30 of each year; or
5. The findings of a case-by-case study
committed to and conducted by the owner or operator and approved by the
director, and incorporated into the federally approved SIP, taking into account
energy, environmental, and economic impacts and other costs to determine an
emission limitation that is achievable for the installation through application
of production processes or available methods, systems and techniques, including
fuel cleaning or treatment or innovative fuel combustion techniques for control
of NOx.
(B) To meet the requirements of paragraph
(3)(A)3. or (3)(A)5. of this rule, the owner or operator may take into account
as a portion of the NOx reductions, physical and
quantifiable measures to increase energy efficiency, reduce energy demand, or
increase use of renewable or recoverable fuels.
(C) Excess Emissions During Start-Up,
Shutdown, or Malfunction. If the owner or operator provides notice of excess
emissions pursuant to state rule
10 CSR
10-6.050(3)(B), the director will
determine whether the excess emissions are attributable to start-up, shutdown
or malfunction conditions, pursuant to rule
10 CSR
10-6.050(3)(C). If the director
determines that the excess emissions are attributable to such conditions, and
if such excess emissions cause a kiln to exceed the applicable emission limits
in this rule, the director will determine whether enforcement action is
warranted, as provided in rule
10 CSR
10-6.050(3)(C). If the director
determines that the excess emissions are attributable to a start-up, shutdown,
or malfunction condition and does not warrant enforcement action, those
emissions would not be included in the calculation of ozone season
NOx emissions.
(4) Reporting and Record Keeping.
(A) Reporting Requirements. The owner or
operator of a kiln subject to this rule shall comply with the following
requirements:
1. Owners or operators shall
submit to the director the identification number and type of each unit subject
to this rule, the name and address of the plant where the unit is located, and
the name and telephone number of the person responsible for demonstrating
compliance with this rule by May 1 of the same year as the first compliance
period;
2. The owner or operator
shall submit to the director by October 31 of each year an annual report
documenting for that unit-
A. The emissions,
in pounds of NOx per ton of clinker produced from each
affected Portland cement kiln during the period from May 1 through September
30;
B. The results of any
performance testing; and
C. Cement
kiln clinker production, in tons, from May 1 through September 30;
and
3. If the owner or
operator elects to comply with paragraph (3)(A)3. or (3)(A)5. of this rule, the
owner or operator will supply the director with a report as specified in the
compliance plan by April of the same year as the first compliance
period.
(B) Record
Keeping Requirements.
1. Any owner or
operator of a unit subject to this rule shall produce and maintain records,
which shall include, but are not limited to, the results of any initial
performance test, the results of any subsequent performance tests, the date,
time, and duration of any startup, shutdown, or malfunction in the operation of
any of the cement kilns, or the emissions monitoring equipment, as
applicable.
2. If an owner or
operator elects to use subsection (3)(B) of this rule as part of the compliance
plan, the owner or operator must retain records as agreed to in the approved
compliance plan.
3. Daily cement
kiln clinker production in tons per day.
4. Any applicable monitoring data.
5. All records shall be retained on-site for
a minimum of five (5) years and made available upon
request.
(C) Monitoring
Requirements.
1. An owner or operator
complying with paragraph (3)(A)1. or (3)(A)2. of this rule shall maintain and
operate the device according to the manufacturer's specifications as approved
by the permitting agency. The monitoring shall-
A. Include parameters indicated in the
manufacturer's specifications and recommendations for the
low-NOx burner or mid-kiln firing system as approved by
the permitting agency; and
B.
Identify the specific operation conditions to be monitored and correlation
between the operating conditions and NOx emission
rate.
2. An owner or
operator complying with paragraph (3)(A)3., (3)(A)4., or (3)(A)5. of this rule
shall complete an initial performance test by May 1 of the same year as the
first compliance period and subsequent performance tests, on an annual basis,
consistent with the requirements of section (5) of this rule.
3. An owner or operator may comply with the
requirements in paragraph (4)(C)1. through the use of an alternative compliance
method approved by the director and incorporated in the federally approved
SIP.
4. Any deviation from the
operating conditions or specifications, which result in an increase in
NOx emissions, established in this paragraph constitute
a violation of this rule, unless the owner or operator demonstrates to the
satisfaction of the director that the deviation did not result in an increase
in NOx emissions.
(5) Test Methods. NOx
emission level testing shall use one (1) of the following methods in 40 CFR 60,
Appendix A-4, as specified in
10 CSR
10-6.030(22):
(A) Method 7-Determination of Nitrogen Oxide
Emissions from Stationary Sources;
(B) Method 7A-Determination of Nitrogen Oxide
Emissions from Stationary Sources-Ion Chromatographic Method;
(C) Method 7C-Determination of Nitrogen Oxide
Emissions from Stationary Sources-Alkaline-Permanganate/Colorimetric
Method;
(D) Method 7D-Determination
of Nitrogen Oxide Emissions from Stationary Sources-Alkaline-Permanganate/Ion
Chromatographic Method; or
(E)
Method 7E-Determination of Nitrogen Oxide Emissions from Stationary Sources
(Instrumental Analyzer Procedure).
*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995.