§ 145.143. Standard requirements.
(a) By October 31, 2005, and each year thereafter, the owner or operator of a Portland cement kiln shall calculate the difference between the actual emissions from the unit during the period from May 1 through September 30 and the allowable emissions for that period.
(b) 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 its allowable emissions, except as otherwise specified in this section.
(1) Beginning May 1 through September 30, 2005, and each year thereafter, the owner or operator shall determine allowable emissions by multiplying the tons of clinker produced by the Portland cement kiln for the period by 6 pounds per ton of clinker produced.
(2) Beginning May 1 through September 30, 2011, and each year thereafter, 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 by:
(i) 3.88 pounds of NOx per ton of clinker produced for long wet-process cement kilns.
(ii) 3.44 pounds of NOx per ton of clinker produced for long dry-process cement kilns.
(iii) 2.36 pounds of NOx per ton of clinker produced for:
(A) Preheater cement kilns.
(B) Precalciner cement kilns.
(c) The owner or operator of a Portland cement kiln subject to subsection (b)(1) shall install and operate a CEMS, and shall report CEMS emissions data, in accordance with the CEMS requirements of either Chapter 139 or 145 (relating to sampling and testing; and interstate pollution transport reduction) and calculate actual emissions using the CEMS data reported to the Department. Any data invalidated under Chapter 139 shall be substituted with data calculated using the potential emission rate for the unit or, if approved by the Department in writing, an alternative amount of emissions that is more representative of actual emissions that occurred during the period of invalid data.
(d) The owner or operator of a Portland cement kiln subject to this section shall surrender to the Department one CAIR NOx allowance and one CAIR NOx Ozone Season allowance, as defined in 40 CFR 96.102 and 96.302 (relating to definitions), for each ton of NOx by which the combined actual emissions exceed the allowable emissions of the Portland cement kilns subject to this section at a facility from May 1 through September 30. The surrendered allowances shall be of current year vintage. For the 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.
(e) 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 subject to this section at the facility during the same period, the owner or operator may deduct the difference or any portion of the difference from the amount of actual emissions from Portland cement kilns at the owner or operator’s other facilities located in this Commonwealth for that period.
(f) By November 1, 2005, and each year thereafter, an owner or operator subject to this subchapter shall surrender the required NOx allowances to the Department’s designated NOx allowance tracking system account, as defined in § 121.1 (relating to definitions), and shall provide in writing to the Department, the following:
(1) The serial number of each NOx allowance surrendered.
(2) The calculations used to determine the quantity of NOx allowances required to be surrendered.
(g) If an owner or operator fails to comply with subsection (f), the owner or operator shall by December 31 surrender three NOx allowances of the current or later year vintage for each NOx allowance that was required to be surrendered by November 1.
(h) The surrender of NOx allowances under subsection (g) 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.
Authority The provisions of this § 145.143 amended under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).
Source The provisions of this § 145.143 amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705; amended June 18, 2010, effective June 19, 2010, 40 Pa.B. 3346. Immediately preceding text appears at serial pages (333589) to (333590).
Cross References This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 145.144 (relating to compliance determination); and 25 Pa. Code § 145.145 (relating to compliance demonstration and reporting requirements).
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