1 Technical Support Document

New Mexico Administrative Code (NMAC) , Title 20 Environmental Protection, Chapter 2 Air Quality (Statewide), Part 12 Cement Kilns (NMAC 20.2.12 – Cement Kilns )

EPA-R06-OAR-2014-0821

November 20142 The purpose of this Technical Support Document (TSD) is to evaluate the New Mexico State Implementation Plan (SIP) revision repeali ng New Mexico Administrative Code (NMAC) 20.2.12 – Cement Kilns . The revision was approved by the New Mexico Environmental Improvement Board (the Board) on July 11, 2014. The revision was submitted to EPA with a letter dated July 31 from the New Mexico E nvironment Department (NMED) Secretary Ryan Flynn. This revision was receiv ed by EPA on August 27, 2014.
The New Mexico Administrative Code, Title 20 Environmental Protection, Chapter 2 Air Quality (Statewide), Part 12 Cement Kilns (NMAC 20.2.12 – Cement Kilns ) was last approved into the New Mexico SIP on 09/26/97 (62 FR 50518) , and codified at 52.1620(c)(66). The rule became federally effective on 11/25/97. See table below.
EPA-approved NMAC 20.2.12 - Cement K ilns Rule (09/26/97, 62 FR 50518)

100. ISSUING AGENCY: Environmental Improvement Board. [11-30-95] 101. SCOPE: All geographic areas within the jurisd iction of the Environmental Improvement Board. [11-30-95] 102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1- 8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-5(A), (B) and (C). [11-30-95] 103. DURATION: Permanent. [11-30-95] 104. EFFECTIVE DATE: November 30, 1995. [11-30-95] 105. OBJECTIVE: The objective of this Part is to establish particulate matter emission standards for cement kilns. [11-30-95] 106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 502 - Cement Kilns last filed January 27, 1970. [11-30-95] A. All references to AQCR 502 in any other ru le shall be construed as a reference to this Part. [11-30-95] B. The amendment and supersession of AQCR 502 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 502. [11-30-95] 107. DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part: [11- 30-95]3 EPA-approved NMAC 20.2.12 - Cement K ilns Rule (09/26/97, 62 FR 50518)

A. "Part" means an air quality control re gulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95] 108. EMISSION LIMITATIONS: The owner or operator of a cement kiln shall not permit, cause, suffer or allow particulate matter emissions in ex cess of the 230 mg/m3 of e xhaust gas. [11-30-95]

There are no cement kilns in NMED’s jurisdic tional area. There is a cement plant in New Mexico, but that plant is located in Bernalillo County, New Mexico which is not within NMED’s area of jurisdiction. The curre nt EPA-approved NMAC 20.2.12 - Cement Kilns only regulates PM emissions limitations from a kiln measured in terms of mass per volume of exhaust gas (230 mg/m3). See section 108 of the rule, above. De monstrating compliance with this emission limitation requirement is less practical than de monstrating compliance with the comparable NSPS because it is not clinker-produ ction based, and furthermore this standard is obsolete, as no such source exists in NMED’s area of jurisdic tion. In other words, the current EPA-approved NMAC 20.2.12 - Cement Kilns is outdated in format a nd considered superfluous. As a part of NMED’s initiative to enhance a nd steam line its permitting process a State report entitled “Improving Environmental Permitting” recommended repeal of NMAC 20.2.12 - Cement Kilns

. Should an affected source, according to pre-repeal NMAC 20.2.12 - Cement Kilns , locate within NMED’s jurisdiction in the future, that sour ce will be subject to federal New Source Performance Standard (NSPS) requirements. S ee 40 CFR 60, Subpart F. In addition, hazardous air pollutants from such a plant would be subjec t to federal requirements of Emission Standards for Hazardous Air Pollutants (NESHAP), contai ned in 40 CFR 61; and Maximum Achievable Control Technology (MACT) standards contained in 40 CFR 63. See appendix A of this TSD. These standards are more current, practical, and stringent than th e existing NMAC 20.2.12 - Cement Kilns emission limitation.

The NMED periodically incorporat es these technology-based standard s by reference into its SIP. The Board adopted these standards by reference in November 2013.4 Section 110(l) analysis:
Clean Air Act Section 110(l) re quires that a SIP revision submitted to EPA be adopted after reasonable notice and public hear ing. Section 110(l) also require s that we not approve a SIP revision if the revision would interfere with a ny applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. Records contained in the submitted SIP demonstrate that the State has complied with public hearing and reasonable notice requirements. See Exhibit 9 of the submittal. Furthermor e; in support of its submittal to repeal NMAC 20.2.12 - Cement Kilns State provides the following information:

 The emission limits in Part 12 are based on ma ss of particulate matter in the volume of stack gas, whereas the NSPS emission limits ar e based on mass of PM per ton of clinker produced.

 In addition to limiting emissions from the cement kiln, the NSPS limits emissions from the grinding, cooling and materials handli ng operations in the cement manufacturing
process.

 Currently, there are no cement manufacturing facilities unde r the jurisdiction of the NMED, and they do not anticipat e any new kilns to be built in the near future. In the unlikely event of a new cement plant locating in the area, then that source will be subject to the more stringent and updated federal requirement under National Emission Standards for Hazardous Air Pollutants for the Por tland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants. See February 12, 2013 (78 FR 10006).

 In consultation with the Air Quality Bureau 's permitting staff and after searching its database of facilities, NMED found that no cement kilns exis t in New Mexico outside of Bernalillo County or on Tribal Lands. Further, external sources of information from the United States Geological Survey and trade pub lications support this determination. See Exhibit 8 of the submittal.5  Repeal of Part 12 will benefit the State by removing potential confusion and ambiguity in the permitting process by means of providing greater regulatory certainty to manufacturing plants while re taining the public health protections afforded under the NSPS program, should a cement kiln be constructed in New Mexico.

We have reviewed the above factors, and agree with the State’s determ ination. The repeal of entire NMAC 20.2.12 - Cement Kilns does not result in an increas e in the amount and number sources of PM emissions. The SIP supports a find ing that Section 110(l) has been complied with, and there will be no SIP relaxation. Therefore, we recommend to approve repeal of entire NMAC 20.2.12 - Cement Kilns into the New Mexico SIP.

Conclusion : We recommend approving the repeal of NMAC 20.2.12 - Cement Kilns from the federally-approved New Mexico SIP.6 

### Appendix A- Repeal of NM AC 20.2.12 - Cement Kilns