PROPOSED RULEMAKING
[ 25 PA. CODE CHS. 121, 129 AND 145 ]
Control of NOx Emissions from Cement Kilns
[38 Pa.B. 1838]
[Saturday, April 19, 2008]The Environmental Quality Board (Board) proposes to amend Chapters 121, 129 and 145 (relating to definitions; standards for sources; and interstate pollution transport reduction) as set forth in Annex A.
This notice is given under Board order at its meeting of February 19, 2008.
A. Effective Date
This proposed rulemaking will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.
This proposed rulemaking will be submitted to the United States Environmental Protection Agency (EPA) as a revision to the Pennsylvania State Implementation Plan upon final-form rulemaking.
B. Contact Persons
For further information, contact Jane Mahinske, Air Quality Program Specialist, Division of Air Resource Management, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-9495 or Robert Reiley, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) web site (www.depweb.state.pa.us).
C. Statutory Authority
This action is being taken under the authority of section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background and Summary
When ground-level ozone is present in concentrations in excess of the Federal health-based standards, public health is adversely affected. The EPA has concluded that there is an association between ambient ozone concentrations and increased hospital admissions for respiratory ailments, such as asthma. Further, although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that involves physical exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. The implementation of additional measures to address ozone air quality nonattainment in this Commonwealth is necessary to protect the public health.
The purpose of this proposed rulemaking is to reduce emissions of nitrogen oxides (NOx) from cement kilns to reduce levels of ground-level ozone. Ground-level ozone is not directly emitted by pollution sources, but is created as a result of the chemical reaction of NOx and volatile organic compounds in the presence of light and heat. The reduction of NOx emissions will also help protect the public health from high levels of fine particulates, of which NOx is a precursor component. Fine particulates, as well as ozone, are health hazards. The reduction of NOx emissions also reduces visibility impairment and acid deposition. This proposed rulemaking is reasonably necessary to achieve and maintain the ozone and PM2.5 National Ambient Air Quality Standards.
The Commonwealth, along with the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Virginia, and the District of Colombia, are members of the Ozone Transport Commission (OTC), which was created under section 184 of the Federal Clean Air Act (42 U.S.C.A. § 7511c), to develop and implement regional solutions to the ground-level ozone problem in the Northeast and Mid-Atlantic regions. To date, states from the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozone precursor emissions, including programs related to portable fuel containers, architectural and industrial maintenance coatings and consumer products. Consistent with its strategy to achieve equitable ozone precursor emission reductions from all industrial sectors, the Commonwealth, along with other OTC states, has met with representatives of the cement industry to discuss reductions of NOx emissions from their kilns.
In the Commonwealth, there are 21 cement kilns, which in 2005 emitted 12,967 tons of NOx emissions in this Commonwealth. Of these 21 kilns in this Commonwealth, 14 of them are ''long'' kilns. These are older technology kilns and are less energy efficient than preheater kilns and the newest technology, precalciner kilns. The higher energy efficiency of the preheater and precalciner kilns results in inherently lower NOx emissions than those from long wet and dry kilns, per ton of product.
Control technologies are readily available to achieve NOx emission reductions of greater than 20% from cement kilns. These technologies include: conversion to indirect firing systems with low-NOx burners with approximately 20-30% reduction; mid-kiln firing of whole tires in long kilns with approximately 20-40% reduction; staged combustion in precalciner kilns with approximately 30-45% reduction; selective noncatalytic reduction (SNCR) in precalciner kilns with approximately 30-70% reduction; and selective catalytic reduction (SCR) with approximately 80-90% reduction. SNCR has been used on preheater kilns and has been proposed for long kiln applications. All of these technologies, except SCR, are demonstrated on kilns in the United States.
The proposed NOx emission limits should allow a number of this Commonwealth's cement manufacturers to develop and implement compliance strategies without the need for widespread installation of control equipment on long kilns which will likely be replaced with more energy efficient technologies over time. However, an additional compliance option includes allowing the purchase of Clean Air Interstate Rule (CAIR) NOx Ozone Season Allowances to account for emissions in excess of the proposed limits, as a near term compliance option.
The Department worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of these proposed regulations. At its July 26, 2007, meeting, the AQTAC concurred with the Department's recommendation that the Board consider the adoption of these proposed regulations. However, the AQTAC would like to receive comment on the ability of owners and operators to demonstrate compliance on an intercompany emissions averaging basis. For instance, under the proposal, the owner or operator of a Portland cement kiln or multiple Portland cement kilns shall demonstrate compliance with the emission requirements specified in § 129.402 (relating to emission requirements) on a kiln-by-kiln basis, a facility-wide emissions averaging basis or a system-wide averaging basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth. The AQTAC recommends that the Board seek comment on whether averaging should be expanded to cement kilns that are not under the common control of the same owner or operator.
The Department also conferred with the Citizens Advisory Council (CAC) concerning the proposed rulemaking on July 17, 2007. The CAC concurred with the Department's recommendation that the Board consider the adoption of these proposed regulations. The CAC, however, raised concerns over allowing system-wide averaging as a means of compliance demonstration and specifically seeks public comment on this issue.
E. Summary of Regulatory Revisions
The proposed amendments add the following new definitions and terms to § 121.1 (relating to definitions) used in the substantive provisions under §§ 129.401--129.405 (relating to emissions of NOx from cement manufacturing): ''calcine,'' ''clinker,'' ''long dry-process cement kiln,'' ''long wet-process cement kiln,'' ''Portland cement,'' ''Portland cement kiln,'' ''precalciner cement kiln'' and ''preheater cement kiln.'' In addition, the proposed amendments revise the following definition and term in § 121.1, ''CEMS-Continuous emissions monitoring system.''
Proposed § 129.401 (relating to applicability) provides that beginning May 1, 2009, an owner or operator of a Portland cement kiln shall comply with the requirements in this section and §§ 129.402--129.405.
Proposed § 129.402 (relating to emission requirements) requires that the owner or operator of a Portland cement kiln determine allowable emissions of NOx by multiplying the tons of clinker produced by the Portland cement kiln for the period from May 1 through September 30, 2009, and for each year thereafter by: 3.88 pounds of NOx per ton of clinker produced for long wet-process cement kilns; 3.44 pounds of NOx per ton of clinker produced for long dry-process cement kilns; and 2.36 pounds of NOx per ton of clinker produced for preheater cement kilns and for precalciner cement kilns.
Proposed § 129.403 (relating to compliance determination) requires, among other things, that not later than May 1, 2009, the owner or operator of a Portland cement kiln shall install, operate and maintain continuous emmissions montoring systems (CEMS) for NOx emissions, and report CEMS emissions data to the Department in accordance with the CEMS requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources).
Proposed § 129.404 (relating to compliance demonstration) provides, among other things, that by October 31, 2009, and of each year thereafter, the owner or operator of a Portland cement kiln shall report certain information to the Department, in a format reasonably prescribed by the Department. The owner or operator of a Portland cement kiln or multiple Portland cement kilns shall demonstrate compliance with the emission requirements specified in § 129.402 on a kiln-by-kiln basis, a facility-wide emissions averaging basis or a system-wide averaging basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth. Additionally, for the period from May 1 through September 30, 2009, and of each year thereafter, the owner or operator of a Portland cement kiln shall surrender to the Department one CAIR NOx Ozone Season allowance for each ton of NOx emissions by which the combined actual emissions exceed the allowable emissions of the Portland cement kiln subject to this section.
Proposed § 129.405 (relating to recordkeeping) provides that the owner or operator of a Portland cement kiln shall maintain an operating log for each Portland cement kiln that includes certain monthly information.
Under Chapter 145, Subchapter C (relating to emissions of NOx from cement manufacturing), it is proposed in § 145.141 (relating to applicability) that beginning May 1, 2009, an owner or operator of a Portland cement kiln would comply with §§ 129.401--129.405.
F. Benefits, Costs and Compliance
Benefits
Overall, the citizens of this Commonwealth will benefit from these proposed regulations because the regulations will result in improved air quality by reducing ozone precursor emissions and will encourage new technologies and practices, which will reduce emissions.
Compliance Costs
The proposed regulations will include emissions averaging and use of CAIR NOx Ozone Season allowances as near term compliance options. This will allow an owner or operator of an affected cement kiln to elect the least-cost compliance alternative, including emissions averaging or the use of CAIR NOx Ozone Season allowances to demonstrate compliance with the NOx emission limits. Based on 2005 ozone season emissions, implementation of the proposed rule is estimated to result in a reduction of 1,300 tons of NOx emissions. Based on a long-term average CAIR NOx Ozone Season allowance price of $1,000, the cost of 1,300 NOx allowances would be $1,300,000. The proposed rulemaking includes minor changes to existing administrative requirements. These changes are not expected to have a significant cost.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing Regional Compliance Assistance Program.
Paperwork Requirements
The proposed rulemaking will not significantly increase the paperwork that is already generated during the normal course of business operations.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials, and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking will provide the owners and operators of all cement kilns the opportunity to improve the energy efficiency at their operations, which will result in lower NOx emissions.
H. Sunset Review
This proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 7, 2008, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed amendments within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assembly and the Governor prior to final publication of the regulations.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed regulations to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by June 23, 2008. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by June 23, 2008. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by June 23, 2008. A subject heading of the proposal and a return name and address must be included in each transmission.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held as follows:
May 19, 2008
10 a.m.Department of Environmental Protection
Rachel Carson State Office Building
Room 105
400 Market Street
Harrisburg, PA 17105
May 21, 2008
10 a.m.Department of Environmental Protection
Northeast Regional Office
Susquehanna Room--A, Second Floor
2 Public Square
Wilkes-Barre, PA 18711-1790
May 23, 2008
10 a.m.Department of Environmental Protection
Southwest Regional Office
Waterfront A and B Conference Room
400 Waterfront Drive
Pittsburgh, PA 15222Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-419. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * CEMS--Continuous emissions monitoring system--[For purposes of Chapter 127, Subchapter E, all of the equipment that may be required to meet the data acquisition and availability requirements of Chapter 127, Subchapter E to sample, condition, analyze and provide a record of emissions on a continuous basis.] All of the equipment required to meet applicable data acquisition and availability requirements in this article (relating to Air Resources) to sample, condition (if applicable), analyze, measure and provide a permanent record of emissions of air contaminants to the outdoor atmosphere, in accordance with the standards set forth by the Department under Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources).
* * * * * Calcine--To heat a substance to a high temperature, but below its melting or fusing point, to bring about thermal decomposition or a phase transition in its physical or chemical constitution.
* * * * * Clinker--The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.
* * * * * Long dry-process cement kiln--A Portland cement kiln that employs no preheating of the feed. The inlet feed to the kiln is dry.
Long wet-process cement kiln--A Portland cement kiln that employs no preheating of the feed. The inlet feed to the kiln is a slurry.
* * * * * Portland cement--A hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition.
Portland cement kiln--A system, including solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.
* * * * * Precalciner cement kiln--A Portland cement kiln where the feed to the kiln system is preheated in cyclone chambers and a second burner is used to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln that forms clinker.
Preheater cement kiln--A Portland cement kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln that forms clinker.
* * * * * (Editor's Note: Sections 129.401--129.405 are new and are printed in regular type to enhance readability.)
CHAPTER 129. STANDARDS FOR SOURCES
EMISSIONS OF NOx FROM CEMENT MANUFACTURING § 129.401. Applicability.
Beginning May 1, 2009, an owner or operator of a Portland cement kiln shall comply with the requirements in this section and §§ 129.402--129.405.
§ 129.402. Emission requirements.
(a) During the period from May 1 through September 30, 2009, and for each year thereafter, the owner or operator of a Portland cement kiln may not operate a Portland cement kiln in a manner that results in NOx emissions in excess of the allowable limits established under subsection (b).
(b) The owner or operator of a Portland cement kiln shall determine allowable emissions of NOx by multiplying the tons of clinker produced by the Portland cement kiln for the period from May 1 through September 30, 2009, and for each year thereafter by:
(1) 3.88 pounds of NOx per ton of clinker produced for long wet-process cement kilns.
(2) 3.44 pounds of NOx per ton of clinker produced for long dry-process cement kilns.
(3) 2.36 pounds of NOx per ton of clinker produced for:
(i) Preheater cement kilns.
(ii) Precalciner cement kilns.
§ 129.403. Compliance determination.
(a) By May 1, 2009, the owner or operator of a Portland cement kiln shall:
(1) Install, operate and maintain CEMS for NOx emissions.
(2) Report CEMS emissions data, in accordance with the CEMS requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sourcesing for stationary sources), to the Department.
(3) Calculate actual emissions using the CEMS data reported to the Department.
(b) Data invalidated under Chapter 139, Subchapter C, shall be substituted with either of the following:
(1) Data calculated using the potential emission rate for the kiln.
(2) If approved by the Department, in writing, the highest valid 1-hour emission value that occurred during the reporting quarter for an invalid data period during that quarter. If no valid data were collected during the reporting quarter, one of the following shall be reported to the Department:
(i) The highest valid 1-hour emission value that occurred during the most recent quarter for which valid data were collected.
(ii) If approved by the Department, in writing, the highest valid 1-hour emission value that occurred during an alternative reporting period.
(c) The owner or operator of a Portland cement kiln subject to this section shall submit to the Department quarterly reports of CEMS monitoring data in pounds of NOx emitted per hour, in a format approved by the Department, in writing, and in compliance with Chapter 139, Subchapter C.
(d) The CEMS for NOx installed under the requirements of this section must meet the minimum data availability requirements in Chapter 139, Subchapter C.
§ 129.404. Compliance demonstration.
(a) By October 31, 2009, and each year thereafter, the owner or operator of a Portland cement kiln shall report to the Department, in a format approved, in writing, by the Department:
(1) The difference between the actual NOx emissions from the kiln during the interval from May 1 through September 30 and the allowable emissions for that period.
(2) The calculations used to determine the difference in emissions, including the CEMS data and clinker production data used to show compliance with the allowable emission limits in § 129.402 (relating to emission requirements). The clinker production data must consist of the quantity of clinker, in tons, produced per day for each kiln.
(b) The owner or operator of a Portland cement kiln or multiple Portland cement kilns shall demonstrate compliance with the emission requirements in § 129.402 on either:
(1) A kiln-by-kiln basis.
(2) A facility-wide emissions averaging basis.
(3) A system-wide averaging basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth.
(c) The owner or operator of a Portland cement kiln may demonstrate compliance with the emission requirements of § 129.402 in accordance with the following:
(1) For the period from May 1 through September 30, 2009, and each year thereafter, the owner or operator of a Portland cement kiln shall surrender to the Department one CAIR NOx Ozone Season allowance, as defined in § 145.202 (relating to definitions), for each ton of NOx by which the combined actual emissions exceed the allowable emissions of the Portland cement kilns at a facility subject to this section.
(2) The surrendered CAIR NOx Ozone Season allowances shall be of current year vintage.
(3) For purposes of determining the amount of allowances to surrender, any remaining fraction of a ton equal to or greater than 0.50 ton is deemed to equal 1 ton and any fraction of a ton less than 0.50 ton is deemed to equal zero tons.
(d) If the combined allowable emissions from Portland cement kilns at a facility from May 1 through September 30 exceed the combined actual emissions from Portland cement kilns at the facility subject to this section and §§ 129.401--129.403 and 129.405 (relating to applicability; emission requirements; and compliance determination; and recordkeeping) during the same period, the owner or operator may deduct the difference or a portion of the difference from the amount of actual emissions from Portland cement kilns for that period at the owner or operator's other facilities located in this Commonwealth. The owner or operator of a kiln that commences operation after ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) may average only those emissions that are below the permitted NOx limit for the kiln or below 1.52 pounds of NOx per ton of clinker, whichever is lower.
(e) By November 1, 2009, and each year thereafter, an owner or operator of a Portland cement kiln subject to this section and §§ 129.401--129.403 and 129.405 shall surrender the required CAIR NOx Ozone Season allowances to the Department's designated NATS-NOx allowance tracking system account as defined in § 121.1 (relating to definitions) and shall provide to the Department, in writing, the following:
(1) The serial number of each CAIR NOx Ozone Season allowance surrendered.
(2) The calculations used to determine the quantity of CAIR NOx Ozone Season allowances required to be surrendered.
(f) If an owner or operator of a Portland cement kiln fails to comply with subsection (e), the owner or operator shall by December 31 surrender three CAIR NOx Ozone Season allowances of the current or later year vintage for each CAIR NOx Ozone Season allowance that was required to be surrendered by November 1 of that year.
(g) The surrender of CAIR NOx Ozone Season allowances under subsection (f) does not affect the liability of the owner or operator of the Portland cement kiln for any fine, penalty or assessment, or an obligation to comply with any other remedy for the same violation, under the CAA, or the act.
(1) For purposes of determining the number of days of violation, if a facility has excess emissions for the period May 1 through September 30, each day in that period (153 days) constitutes a day in violation unless the owner or operator of the Portland cement kiln demonstrates that a lesser number of days should be considered.
(2) Each ton of excess emissions is a separate violation.
§ 129.405. Recordkeeping.
(a) The owner or operator of a Portland cement kiln shall maintain an operating log for each Portland cement kiln. The operating log must include the following on a monthly basis:
(1) The total hours of operation.
(2) The type and quantity of fuel used.
(3) The quantity of clinker produced.
(b) The records maintained by the owner or operator of a Portland cement kiln must include the following:
(1) Source tests and operating parameters established during the initial source test and subsequent testing
(2) The date, time and duration of any start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.
(3) The date and type of maintenance, repairs or replacements performed on the kilns, control devices and emission monitoring systems.
(c) The owner or operator of a Portland cement kiln shall maintain the records required under this section onsite for 5 years. The records shall be made available to the Department upon request.
CHAPTER 145. INTERSTATE POLLUTION TRANSPORT REDUCTION
Subchapter C. EMISSIONS OF NOx FROM CEMENT MANUFACTURING § 145.141. Applicability.
Beginning May 1, 2005, until April 30, 2009, an owner or operator of a Portland cement kiln shall comply with this subchapter. Beginning May 1, 2009, an owner or operator of a Portland cement kiln shall comply with §§ 129.401--129.405 (relating to emissions of NOx from cement manufacturing).
[Pa.B. Doc. No. 08-730. Filed for public inspection April 18, 2008, 9:00 a.m.]
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