Essroc

Italcementi Group

Essroc Cement Corp. Tel 610-837-6725

3251 Bath Pike Fax 610-837-2564

Nazareth, PA 18064

November 4,2010

Mr. Keith Barnett

U.S. EPA

109 T.W. Alexander Drive

Mail Code: D243-02

Research Triangle Park, NC 27709

Re: Regulation of Clinker Piles Under 40 CFR 63, Subpart LLL

(Portland Cement MACT)

Dear Mr. Barnett:

I am writing to request that EPA clarify the Subpart LLL NESHAP modifications promulgated on

September 9, 2010 pertaining to the clinker pile requirements in 40 CFR SS 63.1343(c) and (d)

as required by 40 CFR 63.6(c). I understand that EPA is attempting to address this

interpretative issue prior to November 8, 2010, however if this is not possible, Essroc is

requesting an extension for three years. This three year compliance extension is consistent with

the requirements deadlines in the balance of the modifications.

Request for Establishment of a Reasonable Clinker Pile Requirement Compliance Date

EPA's Part 63 general provisions clearly place the burden on the agency to establish the

compliance date for each standard. 40 CFR S 63.6(c) unequivocally states that the compliance

date for existing sources is the date "established by the Administrator in the applicable

subpart(s) of this part." The plain language of S 63.1351 is that affected sources must have

either complied with the pre-existing standards in 2002 or, for the new PM, mercury, THC, and

HCI emissions limits in $ 63.1343(b), affected sources must comply in 2013. No compliance

date is provided for those affected sources that must undertake the significant capital projects

required for compliance with SS 63.1343(c) and (d). Where EPA has failed to state a compliance

data, an affected source has no authority to add a compliance date. Absent the Administrator

having identified a compliance date, there is no compliance date. Therefore, it is critical that

EPA issue a rule correction if it wants to establish a compliance date for the new PM

requirements applicable to clinker piles.

EPA must allow existing affected sources a reasonable amount of time to comply with the new

PM requirements applicable to clinker piles. The clinker pile PM requirements are a new

element of the 2010 rule revisions that could not have been anticipated prior to issuance of the

final rule. Compliance will require significant capital projects that cannot be undertaken until

local permitting requirements are complied with. Designing, permitting and constructing

structures that are compliant with the regulatory requirements is expected to take approximately

2 to 3 years. Part of this time is needed for design, but there will also be the need to obtain

minor new source review permits from the local air permitting authority as most State

lmplementation Plans require minor new source review prior to installing any control tech¡ology.

As the clinker pile PM regulations clearly require control of clinker pile emissions, we anticipate

that this local permitting process will apply. ln addition, facilities will need to obtain

structural/building permits given the scale of the facilities required. ln light of the fact that these
enclosure requirements are new as a result of the 2010 rulemaking and that they wíll take time

to install, EPA should extend the 2013 compliance date to the new PM requírements applicable

to clinker piles.

Request for a Compliance Extension

ln the event that EPA is not able to issue a direct final rule prior to November B, 2OiO, Essroc

requests that EPA grant the facilities identified below until 2013 to come into compliance with

the clinker pile requirements.

Martinsburg Plant

Martinsburg, West Virginia

Speed Plant

Speed, lndiana

Nazareth Plant

Nazareth, Pennsylvania

Logansport Plant

Logansport, lndiana

Dorado Plant

San Juan, Puerto Rico

Essroc believes that ín the absence of a compliance date, there is no deadline for implementing

the clinker pile requirements. However, the earliest compliance date that could be establisheã

would be November 8, 2010. Therefore, as a precautionary measure, Essroc is requesting a 3

year compliance extension for the clinker pile requirements commencing from the eadiest date

that the requirements could ultimately be deemed to apply, i.e., until November 8,2013.

A three year extension is appropriate under the circumstances. Clean Air Act Section

112(|X3XB) provides an extension of 1 year across all industries if controls must be installed and

an additional 3 years for the mining industry "if the 4-year compliance time is insufficient to dry

qnd cover mining waste." This statutory provision is implemented in EPA's regulations at 4Ó

CFR S 63.6(iX4Xi). Essroc is clearly engaged in the mining of limestone and other materials and

the outdoor clinker storage piles are clearly within the scope of mining wastes that need to be

dried and covered. Given that the clinker pile requirements were not known until after capital

planning for 201'1 was largely completed, that permittíng is required prior to commencement of

work and that the structures themselves will require significant engineering, it is reasonable to

allow a minimum extension of three years from November 8, 2010, i.e., the earliest date that the

standards could comply.l As stated in 40 CFR S 63.6(iX4)(iXB), a request for an extension must

be submitted to the state where the facility is located where that state is the Part 70 permitting

authority with delegation for the NESHAP. However, where the standard has not yet takeñ

effect, the state cannot be assumed to hold the necessary authority to grant an extension. ln

order to grant an extension, specific information is being submitted consistent with the

requirements in 40 CFR S 63.6(iX6Xi). Essroc is currently working with its engineers and

vendors to establish designs and timetables for the equipment installation. This þrocess will

require considerable time, although we are too early in the process to generate a compliance

schedule with any specificity. However, consistent with the rule requirements, we present our

best answers to the required questions below. We currently believe that these answers are

equally applicable to each of our facilities:

(i)(6)(¡)(A) - A description of the controls to be instatled to compty with the standard;

Essroc believes that the specific controls that require installation for each facility are described

with reasonable specificity in S 63.1343(c) and (d) of the rule. Essroc is still evaluating which

facilities are subject to which provision of the rule as it may be possible at some plants tó move

clinker storage and handling facilities to more than 1,000 feet from the property line. Therefore,
until this engineering assessment is completed, it is impossible to identify the controls beyond

this reference to the NESHAP requirements.

(i)(6)(¡)(B) - A compliance schedule, including the date by which each step toward compliance

willbe reached;

Essroc has prepared the following conceptual schedule as required by EpA's regulations.

Activity Estimated Completion Date

Assessment of clinker storage relocation June 30, 2011

Design drawings prepared

Permitting (environmental,

structural, land use, etc.)

lnitiation of on-síte construction

Completion of on-site construction

Final compliance date

December 31,2011

July 1 ,2012

September 1,2012

June 1 ,2013

November 9,2013

Please keep in mind that this schedule does not include any unanticipated delays such as permitting delays, requests for public hearings, late deliveries of necessary equipment, vendor

or contractor problems or similar sources of delay. This table reflects our besi estimate at the

present time.

Thank you for your consideration of these requests.

Sincerely,

Essroc Cement Corp.

I -^- --l

flf'T/Wtü1,¿"-

Gérv A. Molchan

Vice President Environmental Affairs