Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency Review. Subject to Further Policy Review. **6560 -**  **50 -**  **P ENVIRONMENTAL PROTECTION AGENCY**  **40 CFR Parts 60 and 63 [EPA** **- HQ** **- OAR** **- 2011**  **- 0817**  **; FRL -** **XXXX -** **X]**

**RIN 2060 -** **AQ93 National Emission Standards for Hazardous Air Pollutants**  **For the**  **Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants**  **AGENCY:** Environmental Protection Agency (EPA). **ACTION:** Proposed Rules on Reconsideration. **SUMMARY:** The EPA is proposing amendments to the National Emission S tandards for Hazardous Air Pollutants for the Portland cement industry for Portland cement plants issued under sections 112 (d) of the Clean Air Act. These amendments would address the remand of these standards by the D.C. Circuit in Portland Cement Ass’n v. EPA , 665 F. 3d 177 (D.C. Cir. 2011) . In addition, EPA is proposing a conforming amendment to the new source performance standards issued under section 111 (b) of the Clean Air Act. EPA is also proposing amendments with respect to issues on which it granted reconsideration on May 17, 2011. See 76 FR 28318. Because the proposed amendments to the standards for particulate matter could result in significant changes in some sources’ compliance strategies for all the regulated pollutants , the EPA is propos ing toInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 2 of 247 extend the date for compliance with the existing source national emission standards for hazardous air pollutants to September 9, 2015. The EPA is further proposing that the compliance date for clinker piles at existing sources be 6 months from the date of publication of the final rule. **DATES:** Comments must be received on or before **[INSERT DATE 30 DAYS FROM**  **PUBLICATION IN THE FEDERAL REGISTER]** . Any requests for a public hearing must be received by **[INSERT DATE**  **10 DAYS FROM PUBLICATION IN THE FEDERAL REGISTER]**  **.** Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget receives a copy of your comments on or before **[IN SERT DATE**  **30 DAYS FROM PUBLICATION IN THE FEDERAL REGISTER]** .

**ADDRESSES:** Submit your comments, identified by Docket ID Number EPA
- HQ - OAR- 2011
- 0817 , by one of the following methods:

 Federal Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 3 of 247

 Agency Website: http://www.epa.gov/oar/docket.html. Follow the instructions for submitting comments on the EPA Air and Radiation Docket website.

 Email: a
- and
- r - docket@epa.gov. Include EPA
- HQ - OAR2011
- 0817 in the subjec t line of the message.

 Fax: Fax your comments to: (202) 566
- 9744, Attention Docket ID Number EPA
- HQ - OAR- 2011
- 0817 .
 Mail: Send your comments to: The EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW, Wa shington, DC 20460, Attention: Docket ID Number EPA
- HQ - OAR- 2011
- 0817 . Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Offic e of Management and Budget (OMB), Attn: Desk Officer for the EPA, 725 17th Street, NW, Washington, DC 20503.

 Hand Delivery or Courier: In person or by courier, deliver comments to the EPA Docket Center, EPA West (Air Docket), Room 3334, 1301 Constitution Ave., NW, Washington, DC 20460, Attention Docket ID Number EPA
HQ - OAR- 2011
- 0817 . Such deliveries are only acceptedInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 4 of 247 during the Docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays), and special arrangements should be made for deliveries of boxed information. Please include two copies. Instructions : Direct your comments to Docket ID Number EPA
HQ - OAR- 2011
- 0817. The EPA policy is that all comments received will be included in the public docket without chan ge and may be made available online at http://www.regulations.gov , including any personal information provided unless the comment includes information claimed to be confidential business information or other informa tion whose disclosure is restricted by statute. Do not submit information that you consider to be confidential business information or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov website is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and includedInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 5 of 247 as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. For additional information about the EPA public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket . The EPA has established a docket for this rulemaking under Docket ID Number EPA
- HQ - OAR- 2011
- 0817. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available (e.g., confidential business information or other information whose disclosure is restricted by statute). Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docketInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 6 of 24 7 materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566
- 1744, and the telephone number for the EPA Docket Center is (202) 566
- 1742. Note that information pertinent to the previous Portland cement rulemakings discussed in this document is contained in dockets EPA
- HQ OAR- 2002
- 0051 and EPA
- HQ - OAR- 2007
- 0877. Public Hearing . If a public hearing is held, it will begin at 10:00 a.m. on **[INSERT DATE 1 5**  **DAYS FROM DATE OF PUBLICATION OF THE FEDERAL REGISTER]**  and will be held at the EPA campus in Research Triangle Park, North Carolina, or at an alternate facility nearby. Persons interested in presenting oral testimony or inquiring as to whether a public hearing is to be held should contact Ms. Pamela Garrett, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Metals and Minerals Group (D243
- 01), U.S. Environmental Protection Agency,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 7 of 247 Research Triangle Park, North Carolina 27711; email: garrett.pamela@epa.gov ; telephone number: (919)541

– 7966. **FOR FURTHER INFORMATION CONTACT:** Ms. Sharon Nizich, Office of Air Quality Planning and Standards; Sector Policies and Programs Division, Minerals and Manufacturing Group (D243
- 04); Environmental Pr otection Agency; Research Triangle Park, NC 27111; telephone number: (919)541
- 2825; fax number: (919)541
- 5450; email address: nizich.sharon@epa.gov . **SUPPLEMENTARY INFORMATION:** The information presented in this p reamble is organized as follows: I. General Information A. Executive Summary B. Does this action apply to me? C. What should I consider as I prepare my comments to EPA? D. Where can I get a copy of this document? E. When would a public hearing occur? II. Background Information A. What is the statutory authority for these proposed amendments? B. What actions preceded th is proposed rule ? III. Description of Proposed Amendments to Subpart LLL and Subpart F A. Reconsideration of Standards B. Mercury S tandard C. THC Standard D. Proposed Amendments to PM Existing and New Source NESHAP and NSPS E . Summary of P roposed Standards Resulting from ReconsiderationInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 8 of 247 F . Standards for Fugitive Emissions from C linker S torage P iles G . Affirmative Defense to C ivil P enalties for E xceedances O ccurring During Malfunctions H . Continuously Monitored P arameters for Alternative O rganic HAP S tandard ( With THC Monitoring P arameter) I . Allowing S ources With D ry C austic S crubbers to C omply With HCl S tandard U sing P erformance T ests J . Alternative PM L imit K . Standards During S tartup and S hutdown L . Coal Mills (NESHAP and NSPS) M . PM S tandard for Modified S ources Under the NSPS N . Proposed NESHAP Compliance Date Extension for Existing Sources O . Eligibility to be a New Source IV. Other Proposed Testing and Monitoring Revisions V. Other Changes and Areas Where We Are Requesting Comment VI. Summary of Cost, Environmental, Energy, and Economic Impacts of Proposed Amendments A. What are the affected sources? B. How are the impacts for this proposal evaluated? C. What are the air quality impacts? D. What are the water quality impacts? E. What are the solid waste impacts? F. What are the secondary impacts? G. What are the energy impacts? H. What are the cost impacts? VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045 : Protection of Children from Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement ActInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 9 of 247 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low
Income Populations **I. General Information**  A. Executive Summary 1) Purpose of the Regulatory Action

a. Need for the Regulatory Action. The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Portland cement source category and to the New Source Performance Standards (NSPS) for Portland cement plants issued under sections 112 (d) and 111 (b) of the Clean Air Act (CAA). This proposal addresses the remand by the Circuit Court of Appeals for the District of Columbia Circuit in Portland Cement Ass’n v. EPA, 665 F. 3d 177 (D.C. Cir. 2011). In that case, the court upheld all of the EPA’s methodology for establishing the portland cement NESHAP, denied all petitions for review challenging the NSPS, but further held that EPA had arbitrarily denied reconsideration of the NESHAP to take into account the effect of EPA’s Nonhazardous Secondary Ma terials (NHSM) rule on the standards. The NHSM rule, issued after theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 10 of 247 NESHAP was promulgated, had the effect of reclassifying some cement kilns as commercial and industrial solid waste incinerators (CISWI) and thus could have an effect on the standards.

The proposal also addresses technical issues with respect to the standard for particulate matter in both the NESHAP and the NSPS which have emerged since these rules’ promulgation. In addition, the proposal addresses the issues on which EPA already granted reconsideration. b. Legal Authority for the Regulatory Action. These proposed amendments implement sections 112 (d) and 111 (b) of the Clean Air Act. 2) Summary of Major Proposed Provisions a. Particulate matter (PM) Emission Standards. The EPA is propos ing changes to the emission standards for PM . The promulgated rule requires compliance to be demonstrated using a Continuous Emission Monitoring System (CEMS) (see section 63.1348 (75 FR at 55056) .) The EPA now provisionally believes that it may be problematic for a particulate matter continuous emissions monitoring system (PM CEMS ) to meet the mandated Performance SpecificationInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 11 of 247 11 (PS 11) correlation requirements complying with the promulgated PM standards. (See Section III.D.) As a consequence, the EPA is proposing to amend the existing and new source PM standards in the NESHAP to require manual stack testing in lieu of PM CEMS for compliance determinations. An additional consequence of this proposed change of compliance measurement methods is that the EPA is proposing to change the averaging time and numeric emissions value of those standards . The EPA is proposing amended PM standards under both the NESHAP and NSPS for existing sources of 0.07 pounds per ton (lb /ton) clinker based on manual stack testing, (from 0.04 lb/ton in the 2010 rule, 30
- day average with a PM CEMS) and 0.02 lb/ton clinker for new sources based on stack testing(from 0.01 lb/ton in the 2010 rule, 30

- day average with a PM CEMS). The EPA is fur ther proposing that a site
- specific parametric operating limit be established during the performance test , that there be continuous monitoring of that parametric limit using a particulate matter continuous parametric monitoring system (PM CPMS) , that an ex ceedance of that site
- specific operating limit be reported as a deviation and trigger immediate corrective action and aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 12 of 247 Method 5 performance test within 30 days . Further, multiple deviations from the parametric limit can constitute a violation of the emiss ion s standard. ( a b. Response to Remand. Consistent with the court’s remand , the EPA has removed all the CISWI kilns from the database used to set the 2010 existing source standards for PM, mercury, hydrochloric acid, and total hydrocarbons. The EPA then recalculated existing source floors for each of these pollutants, and determined what standards to propose in light of that analysis. This analysis informed the level of the proposed standards for PM just discussed. The remaining standards are dis cussed immediately below.
c . Other Emissions Standards .. The EPA provisionally believe s that the existing source standards for mercury, THC, or HCl should not be changed as a result of the analysis just described. The reasons are set out in sections III. A, B and C below . With respect to new source standards, **u**nder section 112 (d) (3) of the Act, new source floors can be based on the performance of the “best controlled similar source”. A CISWI cement kiln is a similar source for purposes of this provision. The EPA therefore is not proposing to amend anyInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 13 of 247 of the new source floors or standards for mercury, THC, or HCl where the best performing source in the database used to set the standards was a CISWI cement kiln.
The EPA is also proposing to amend the alternative standard for organic HAP, whereby organic HAP are measured directly. To avoid a situation where the alternative organic standard level is lower than the practical quantitation limit of the relevant anal ytic methods, the EPA is proposing to increase the alternative organic HAP standard from 9 ppm to 12 ppm. See additional discussion in section III.H below. d . Standards during Startup and Shutdown. In the final 2010 NESHAP, the EPA established specific numerical standards for startup and shutdown for each pollutant to be measured using a CEMS over an accumulative 7
- day rolling average. Because raw materials (the source of most cement kiln air emissions) are not in troduced into cement kilns during startup and shutdown, cement kilns’ emissions during these periods should be **appreciably** lower than the level of the standards. The EPA is therefore proposing that sources monitor compliance with these standards via recordkeeping.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 14 of 247
e . Proposed Compliance Dates. The EPA is proposing that the compliance date for the PM, mercury, HCl, and THC existing source standards be extended to September 9, 2015. The EPA provisionally believes that the proposed change to the PM standard makes pos sible compliance alternatives unavailable under the promulgated existing source standards ) and that an extension until September 9, 2015 is the period in which these new compliance strategies can be implemented most expeditiously . The EPA is further proposing that the compliance date for the work practice standards for clinker piles and the standards for startup and shutdown be six months from publication of final rules. f . EPA is also taking action on the remaining issues
**on** which it granted reconsideration on May 17, 2011 . 3) Costs and Benefits The following t able summarizes the costs and emissions reductions of this **proposed** action.

Costs and emissions reductions of proposed amendments relative to the 2010 rule 1Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 15 of 247 **Proposed Amendment**  **Capital Cost Annualized**  **Cost Emissions** 

**Reduction** Coal mill testing and monitoring Mercury THC HCl Flow meter Total $4,794,520 $4,794,520 $3,055,200

$1,072,000 $2,680,000 $1,510,850 $8,318,050 0 Mercury beyond the floor 0 0 0 Revised PM standard $18,640,106 (savings) $4,200,000

(savings) 135 tons

(emissions increase) Replace PM CEMS with PM CPMS 0 $7,980,000 (savings) 0 Delayed compliance 2 , 3 Mercury THC HCl PM __ __

- 16 tons

- 20,500 tons

- 9,400 tons

- 18,7 00 tons Total $13,845,586 (savings) $3,503,000
1 See section III below for further discussion of impacts of the proposed amendments. 2 Emissions reductions are the total over the 2
- year extension of the compliance period. 3 Compliance cost are deferred during the 2
- year extension of the compliance period.
4. Summary of Proposed StandardsInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 16 of 247 The following Table shows the proposed standards . Proposed Existing and New Source Standards. Pollutant Existing source standard New source standard Mercury 55 lb/MM tons clinker 21 lb/MM tons clinker Total Hydrocarbons 24 ppmvd 24 ppmvd PM 0.07 lb/ton clinker (3
- run test average) 0.02 lb/ton clinker (3
- run test average) HCl 3 ppmvd 3 ppmvd Organic HAP ( **alternative to Total Hydrocarbon)**  12 ppmvd 12 ppmvd

B. Does this action apply to me ? Categories and entities potentially regulated by this final rule include:

Category NAICS code 1 Examples of regulated entities Industry.... 327310 Portland cement manufacturing plants. Federal government... Not affected. State/local/tribal government... Portland cement manufacturing plants. 1 North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility will be regulated by this action, you shouldInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 17 of 247 examine the applicability criteria in 40 CFR 60.60 (subpart F) or in 40 CFR 63.1340 (subpart LLL). If you have any questions regarding the applicability of this final action to a particular entity, contact the person listed in the preceding **FOR FURTHER INFORMATION CONTACT** section. C. What should I consider as I prepare my comments to EPA ? Submitting confidential business information ( CBI ) . Do not submit information containing CBI to the EPA through http:// www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. If you submit a CD ROM or disk that does not contain CBI, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA’s electronic public docketInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 18 of 247 without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Off icer (C404
- 02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID Number EPA
- HQ - OAR- 2011
- 0817. D. Where can I get a copy of this document ? In addition to be ing available in the docket, an electronic copy of this proposal will also be available on the World Wide Web (WWW) through the EPA’s Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of this proposed action will be po sted on the TTN’s policy and guidance page for newly proposed or promulgated rules at the following address: http://www.epa.gov/ttn/oarpg . The TTN provides information and technology exchange in various areas of a ir pollution control. E. When would a public hearing occur ? If a public hearing is held, it will begin at 10:00
a.m. on **[ INSERT THE DATE 1**  **5 DAYS AFTER THE DATE OF** Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 19 of 247 **PUBLICATION IN THE FEDERAL REGISTER ]**  and will be held at the EPA’s campus in Research Triangl e Park, North Carolina, or at an alternate facility nearby. Persons interested in presenting oral testimony or inquiring as to whether a public hearing is to be held should contact Ms. Pamela Garrett, Office of Air Quality Planning and Standards, Sector Po licies and Programs Division, (D243
- 01), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; email: garrett.pamela@epa.gov; telephone number: (919)541

– 7966. **II. Background Information** A. What is the statutory authority for these proposed amendments ? Section 112 of the CAA establishes a regulatory process to address emissions of HAP from stationary sources. After the EPA has identified categories of sources emitting one or more of the HAP listed in section 112(b) of the CAA, section 112(d) requires us to promulgate NESHAP for those sources. For “major sources” that emit or have the potential to emit 10 tpy or more of a single HAP or 25 tpy or more of a combination of HAP, these technology
-based standards must reflect the maximum reductions of HAPInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 20 of 247 achievable (after considering cost, energy requirements, and non
- air quality health and environmental impacts) and
are common ly referred to as MACT standards. The statute specifies certain minimum stringency requirements for MACT standards, which are referred to as “floor” requirements . See CAA section 112(d)(3). Specifically, for new sources, the MACT floor cannot be less strin gent than the emission control that is achieved in practice by the best controlled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the best
-performing 12 percent of existing sources (for which the Administrator has emissions information) in the category or subcategory (or the best
-performing five sources for categories or subcategories with fewer than 30
sources. In developing MACT, we must also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any non
- air quality hea lth and environmentalInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 21 of 247 impacts, and energy requirements. See CAA section 112(d)(2). Under NSPS, the EPA is required to set standards for emissions that “reflect the degree of emission limitation achievable through the application of the best system of emiss ion reduction.” See CAA section 111 (a)(1). In contrast to the NESHAP process, NSPS requires the EPA to take into account the “cost of achieving” emissions reductions, as well as health, environmental, and energy considerations. Id. B. What actions precede d this proposed rule ? The history of this proposed rule, commencing with the 1999 standards and proceeding through the amendments issued in September 2009, is set out in detail in 75 FR 54970 (Sept 9, 2010). Various parties filed petitions for reconsiderat ion of aspects of those amendments. On May 17, 2011, the EPA granted reconsideration of various issues, and denied the petitions to reconsider as to the remaining issues. See 76 FR 28318 (May 17, 2011). On December 9, 2011, the Court of Appeals for the Dis trict of Columbia Circuit issued an opinion upholding the NESHAP itself (as well as the section 111 NSPS), but found that the EPA hadInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 22 of 247 arbitrarily failed to grant reconsideration to consider the effect of the EPA’s Nonhazardous Secondary materials (NHSM) rule on the standards (76 FR at 15456 (March 21, 2011) **)** , which rule had the effect of reclassifying some cement kilns as commercial and solid waste incinerators. See Portland Cement Ass’n v. EPA, 665 F. 3d 177, 186
- 189 (D.C. Cir. 2011). That court did not stay the standards for PM, mercury, HCl, or total hydrocarbons, but did stay the standard for clinker piles pending the conclusion of the reconsideration process. See 665 F. 3d at 194. In this action , the EPA is responding to the court’s remand. For existing sources, the EPA is doing so by removing all kilns classified as commercial incinerators from the data used to establish the 2010 NESHAP standards. The EPA is then recalculating each of the floors based on this revised dataset and making beyond
- the
- floor determinations based on the recalculated floors. The EPA believes that this approach is fully responsive to the court’s remand. See 665 F. 3d at 188 where the court referred favorably to this type of rec alculation. For new sources, the EPA is basing floors on the performance of the best performing similar source.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 23 of 247 **III. Description of Proposed Amendments to Subpart LLL and Subpart F**  A. Reconsideration of S tandards As just noted, in Portland Cement Association v. EPA , the Circuit Court of Appeals for the District of Columbia Circuit upheld all of the EPA’s methodology for establishing the Portland cement NESHAP, but remanded the standards so that the EPA could account for the effects of EPA’s NHSM ru le. This rule, adopted after promulgation of the Portland cement NESHAP, had the effect of reclassifying certain cement kilns as commercial incinerators because they combust “solid waste” as defined by that rule. See 665 F. 3d at 185
- 189. Applying that definition, the EPA has determined that there are 24 cement kilns which combust solid waste. See 76 FR at 28322 and Memorandum “Combustion in a Cement Kiln and Cement Kilns’ Use of Tires as Fuel” (April 25, 2011) (“April 25 memorandum”); see also 76 FR at 8 0452 (Dec. 23, 2011) where the EPA identified 23 of the 24 kilns as commercial incinerators as were identified in the April 25 memorandum. The 24 th kiln was identified as a CISWI kiln after development of the April 25, 2011 memorandum, but theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 24 of 247 addition of this kiln did not af fect the calculations contained in the May 17, 2011 notice ( CISWI Data Revisions since Reconsideration Proposal, docket EPA- HQ - OAR- 2003
- 0119 ) . The EPA also believes that this count remains unchanged by any of the issues being considered in the reconsideration of the NHSM rule either because the types of secondary materials being addressed in that reconsideration are not combusted by cement kilns or that the EPA has already accounted for those materials in its April 25 memorandum analysis. See 76 FR at 28319 ( May 17, 2011 ) . The E PA expects the reconsideration of the NHSM rule to be completed before taking final action on this proposed rule and will account for any changes in the NHSM rule when it takes final action here . 1

1 EPA has also conducted a bounding analysis of potential floors by removing from the data base all cement kilns that burn any type of secondary material for energy recovery (so that there is no possibility that any CISWI kiln is in the bounding analysis dat abase). Under this analysis , the existing source floor for HCl was unchanged, the existing source floor for PM was essentially unchanged, the existing source floor for THC becomes more stringent (as in the April 25, 2011 analysis), and the existing source mercury floor increases from 54 lb/MM ton clinker to 66 lb/MM ton clinker. EPA would propose the same standards as under today’s proposal if this bounding analysis were used in place of the analysis described in the text. EPA thusInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 25 of 247 1. Existing Source Floors . We removed the 24 CISWI kil ns from the database used to establish existing source standards and recalculated floors for existing sources . Under this analysis, the existing source floor for mercury increased from 55 lb/MM ton clinker to 58 lb/MM tons clinker, the existing source floor for PM increased from .04 lb/ton clinker to .05 lb/ton clinker, the existing source floor for THC decreased to 15 ppmv , and the existing source floor fo r HCl stayed the same at 3 ppmv . As explained in section B below, the EPA is proposing to establish a beyond the floor standard for mercury of 55 pounds per million metric ( lb/MM ) tons clinker. Moreover, for reasons independent of this analysis, the EPA is proposing to amend the existing and new source NESHAP for PM. See section D below. The EPA is not proposing to amend the HCl standard or the THC standard . 2 . New Source Standards. With respect to new source standards, the EPA does not believe that any reclassification and reanalysis is necessary under the
does not believe that the precise count of CISWI kilns will affect the outcome of this rulemaking. See Bounding Analysis for Portland Cement MACT Floors, May 14, 2012.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 26 of 247 court’s opinion . New source floors can be based on the performance of “the best controlled similar source”, as opposed to existing source floors which must reflect performance of sources “in the category or subcategory” . See CAA section 112 (d)(3) and (d)(3)(A). A CISWI cement kiln is similar to a non
- CISWI cement kiln since the device is a cement kiln . Equally important, burning secondary materials for energy recovery does not significantly alter a cement kiln’s HAP emission profile . See 76 FR at 28320 (documenting both the basis for this conclusion and the cement industry’s agreement with it) . 2 , 3

B . Mercury Standard

2 The EPA is thus not reopening the new source standards (with the exception of the PM standard, which E PA is proposing to amend). We will take comment on whether CISWI cement kilns can be considered a “similar source” under section 112 (d)(3) and whether retention of the 2010 new source standards on this basis is consistent with the D.C. Circuit’s opinion. EPA will not consider comments challenging the data and methodology for the new source standards since these are unchanged from the 2010 rule and EPA is not reexamining any of these issues. 3 If the EPA were to reconsider the new source standards by removing the 24 CISWI kilns from the database , then the mercury new source floor increased from 21 to 24 lb/MM tons clinker, the THC new source floor decreased from 24 to 11 ppmvd, and the PM and HCl new source floor stayed the same at 0.01 lb/ton clinker and 3 ppmvd, respectively (see Memorandum, Revised Portland Cement NESHAP with CISWI kilns removed, March 21, 2011. However, as explained in the text, because CISWI cement kilns are similar sources to non
- CISWI sources for purposes of establishing NESHAP new source standards, EPA is not relying on this analysis here.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 27 of 247 1 . New Source Standard . As explained above, the new
source standard is based on the performance of the best performing similar source, and we are not reopening it. . 2 . Existing Source Standard . As noted above, the recalculated existing source floor is 58 lb/MM tons clinker produced . The EPA is proposing a beyond
- the
- floor standard of 55 lb/MM ton clinker produced, the level of the 2010 final standard . As described below, the only difference in cost between the two levels is the incremental cost of removing slightly more mercury , which is estimated at $2,000/lb of mercury removed. This is because the control equipment needed for mercury would not alter, would not need to be sized differently, and woul d need to perform on average , nearly identically at either a 55 lb/MM tons clinker or 58 lb/MM tons clinker level . That is, in planning compliance, kilns would calibrate to achieve an average performance of 34.1 lb/MM tons clinker for a standard of 58 lb/MM tons clinker , and 31.7 for a standard of 55 lb/MM tons clinker, which translates to an additional reduction of 2.4 lb/MM tons of clinker per year. This equates to an estimated 180 pounds of nationwide mercury emissions per year , incremental to the recalculated floor .Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 28 of 247 To achieve this additional reduction, we estimated an additional cost of approximately $35 5 ,000 for the industry, to purchase additional carbon injection materials. This equates to a cost - effectiveness of $ 2 ,000/lb of mercury reduction per year. See section 8.2, Portland Cement Reconsideration Technical Support Document . This is considerably less than values the EPA has found to be cost effective for removal of mercury in other air toxics rules. (See Clean Air Marke ts Rule RIA, Table 7
- 8 on page 7
- 7, in docket.) EPA also does not see any adverse energy or non
air quality health or environmental consequences of a 55 ppm beyond
- the
- floor standard . We are not proposing a beyond the floor level below 55 lb /MM tons clinker for the same reasons given in the 2010 final rule

– in particular the possibility that a lower standard could force some kilns to find alternative sources of limestone, at enormous cost and disruption. See 75 FR at 54980. C. THC Standard The THC data for the 2010 standard consist of CEMS data for 15 kilns. After removing the four CISWI kilns, nine kilns remain. Thus, the MACT floor kilns consisted ofInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 29 of 247 12 percent of these nine kilns, or two kilns. The top two kilns were Suwannee and Holcim . As explained above , when CISWI sources are removed from the database for the 2010 standards, the existing source floor for THC becomes more stringent from 24 parts per million by volume ( ppmv ) to 15 ppmv, and the new source standard would drop from 24 ppmv to 11 ppmv . This change results from removing from the database a CISWI cement kiln (the Lehigh Union Bridge kiln) with the lowest daily average performance but with more associated variability than the other kilns with the next highest daily average p erformance . See also 76 FR at 28322 n. 11 and 665 F. 3d at 188. However, notwithstanding this calculation, the EPA is not proposing to reduce the level of either the new source or the existing source THC standard. 1. New Source Standard . As just explained, the new source standard can be based on performance of a “best controlled similar source”, so there is no reason under the statute or the court’s remand to amend the new source THC standard . The standard is also technically appropriate. See 75 FR at 54981/1 (explaining basis for the THC new source standard, which discussion is summarized below forInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 30 of 247 the readers’ convenience). Removing the CISWI Union Bridge kiln as the best performing new source would leave the Suwannee kiln as the lowest emitter based on its daily average THC emissions . See Portland Cement Reconsideration Technical Support Document (TSD) , Section 8 .4, which is available in this rulemaking docket . This kiln has higher average emissions than the Union Bridge kiln (that is, its dail y average emissions are higher than the Union Bridge kiln) . This kiln thus emits more THC than the Union Bridge kiln, so EPA identified the kiln emitting less THC on average – the Union Bridge kiln
- to be the best performer. The Suwannee kiln has less mea sured variability than the Union B ridge kiln, but also has hundreds of fewer observations . For this reason, the EPA considered the Union Bridge kiln to be more representative of variability , and used its 99 th percentile performance as the measure of performance of the best performing similar source in establishing the new source standard. See 75 FR at 54981/1. 4

4 For purposes of comparing the relative variability of the THC CEMS data for each of the kiln s in our THC data set, we used the ratio of the 99 th percentile for each kiln divided by its daily average. A ratio of 1.0 indicates no variability. As the ratio increases, variability increases.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 31 of 247 2. Existing Source Standard . Under the calculation described above, the existing source floor would be reduced from 24 ppmv to 15 ppmv . The EPA provisionally believe s that such a floor level would not be technically appropriate. It omits the variability of the similar source with the best average performance for THC (the Union Bridge kiln), and so may not be fully representative of variability of best performing sources. As noted above, cement kiln HAP emissions are not appreciably affected by burning secondary materials for energy recovery so the Union Bridge’s variability is representative of cement kiln variability. In addition, as noted above, the number of daily observations for the Union Bridge kiln is among the most robust in the database, containing over 3 times the number of observations as the next best performing cement kiln. Thus, the EPA **initially** believes it is technically justified to consider the Union Bridge kiln's variability in estimating the variability of the best performing cement kilns for THC emissions. The EPA’s technical concern, were

See Portland Cement Reconsideration Technical Support Document, section 8.4 , which is available in this rulemaking docket .Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 32 of 247 it to base variability estimates exclusively on the data from the non
- CISWI cement kilns, is heightened because there are only two kilns as best performers for THC, a result dictated by literal statutory language. See 74 FR at 21150
- 51 (May 6, 2009). If the variability of the Union Bridge kiln is include d along with the variability of the two best performing cement kilns, and applied to the two best performing cement kilns’ performance, the floor would be 24 ppm, which EPA is proposing as a floor . See Portland Cement Reconsideration Technical Support Document, Section 8 .4. This is the level of the 2010 standard. 3 . Beyond the floor standards . The EPA is not proposing a beyond the floor THC standard for existing cement kiln sources . The reasons given in the rulemaking remain valid . See 75 FR at 54983; 74 FR at 21153 . We especially note that a more aggressive standard for THC would force the increased use of energy
- intense control technologies like Regenerative Thermal Oxidizers which have negative environmental implications, notably increased emission of c arbon dioxide ( CO 2 ) and other greenhouse gases, as well as increased emissions of nitrogen oxide ( NOx ) , CO,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 33 of 247 SO 2 and PM10 . See 74 FR at 21153. 5 These devices are also extremely costly and not cost
- effective. See 74 FR at 21153. For a description of the cos ts, energy requirements, and environmental impacts of RTO, see Summary of Environmental and Cost Impacts for Final Portland Cement NESHAP and NSPS, August 6, 2010, docket no. EPA
- HQ - OAR2002
- 0051
- 3438. For all these reasons, the EPA does not consider a beyond
- the
- floor standard for THC to be justified under section 112(d)(2). Consequently, EPA is not proposing a beyond
- the
- floor standard for THC for existing
sources. 6 D. Proposed Amendments to PM Existing and New Source NESHAP and NSPS Based largely on developments which have occurred after the EPA granted reconsideration on certain aspects of

5EPA estimates that each thermal oxi dizer emits an added increment of 0.0 2 tons of CO2 for each ton of clinker produced. A typical kiln producing 1.2 million tons of clinker per year and controlled by an RTO would emit an additional 24 ,000 tons of CO2 per year. See RTO Secondary Impacts, May 16, 2012, in this rulemaking docket . 6 EPA is also proposing to amend the alternative standard for organic HAP under which organic HAP is measured directly. See section I below.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 34 of 247 the NESHAP 7 , the EPA is proposing revisions to the testing and monitoring methods used to demonstrate continuous compliance with the existing and new source PM emi ssions standards and , **as a consequence, is proposing changes to the**  averaging time, level, and compliance demonstration for those standards . The EPA has also removed all CISWI kilns from the data base used to establish the standards for PM and used this revised data base in determining the level of the standard, consistent with the court’s remand. We explain these proposed changes below.

7 On November 15, 2011, Holcim (US) Inc., a domestic cement company, submitted a petition for reconsideration to the EPA requesting that the EPA reconsider and stay the NESHAP PM standard. The basis for the petition was CEMS data for PM from four of Holcim’s kilns **(some of which are e** **ither waste -** **burning or hazardous waste burning)** . Petition pp. 5
- 6. This information was collected commencing in January 2011. Since the information in the petition was gathered outside the time period mandated by section 307 (d)(7)(B) of the Act

– even assuming it was impractical to raise the objection during the public comment period, the grounds arose outside the time period for judicial review which ended in November 2010. Thus, the EPA **provisionally believes that it**  is not compelled to grant this pe tition. Moreover, as discussed in the text above, because the EPA is proposing to no longer use a CEMS -based regime for the PM standard, the Holcim information is no longer of direct relevance in setting the level of the PM standard. **A further issue with the data is that they were not obtained using CEMS**  **calibrated according to PS -**  **11, the protocol specified in the rule. Accordingly, EPA is not basing its proposal of a revised PM standard on**  **these data.** On January 17 2012, LaFarge Cement submitted a petit ion for reconsideration containing no new data or information but arguing that the Holcim petition justified reconsideration of the standards. The EPA believes that this petition is subsumed by the Holcim petition.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 35 of 247 In comments to the 2009 proposal, industry commenters maintained that there were several problems with implementing the monitoring requirements to demonstrate compliance using a PM CEMS and with the requirements to conduct a periodic audit of the PM CEMS in accordance with performance specification ( PS ) 11 of appendix B and Procedure 2 of appendix F to part 60. These comment ers claimed that the problems were insurmountable Although the EPA responded to these comments, see 75 FR at 55007
- 55008 (September 9, 2010); NESHAP Response to Comment Document pp. 163
- 166, both the industry and the EPA have continued to investigate these issues after promulgation of the standards. In particular, the Portland cement industry has noted further technical issues associated with the current PM CEMS technology that have emerged as the industry has attempted to develop a CEMS
-based compliance st rategy for PM. For example, the industry argued that the variable raw feed material and additives used in cement production will lead to changes in particle size, refractive index, particle density, and other physical characteristics. This is important, according to the comments, becauseInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 36 of 247 correlations developed for the commonly used PM CEMS technology (e.g., light scatter and scintillation) may be adversely affect ed by these physical changes in part icles irrespective of changes in mass emissions rates or concentrations. Other specific objections voiced by these commenters included: 1) Performance Specification 11 (PS 11) allowable measurement error ( ± 25 percent) may result in PM CEMS measurements indicating noncompliance even though emissions measured with Method 5 tests would be less than the level of the standard; 2) Calibration curve development requires a source owner to change the operation of control devices to produce the range of emissio ns concentrations required by PS 11 for the correlation testing. This type of control device perturbation is not practicable for fabric filters; 3) Under typical industrial operating conditions, the industry claimed that even small control device adjustments could result in the source operat ing above the numerical emissions limit for some of the test runs, potentiallyInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 37 of 247 raising the 30
- day rolling average for PM above the level of the standard; and 4) Method 5 testing is required for PM CEMS calibration, but Method 5 may not be sensitive enough to measure at the PM standard levels with sufficient precision without longer run sampling times, thereby sign ificantly extending the time necessary to conduct the 15 or more runs required by PS 11 as a prerequisite to calibration of the PM CEMS. The EPA believes that some of these objections have merit and is proposing to change the compliance basis for the PM st andard as a result. Performance Specification 11 In response to industry concerns, the EPA reviewed the procedures and acceptance criteria of Performance Specification 11 (PS 11) , the protocol mandated by the promulgated rule . See s ection 63.1350 (b)(1 **).** PS 11 is structured differently than other performance specifications that apply to validating the performance of gaseous pollutant CEMS. This is primarily because the pollutant, particulate matter, is defined entirely by the test method specified by regul ation to measure it. As theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 38 of 247 industry commenters note, there are no independent standard reference materials for particulate matter concentrations as there are for gaseous pollutants (e.g., NIST traceable compressed gases for validating SO 2 or NO x instrumen tal measurements). The only reference standard for determining the PM concentration in an air or stack gas sample is the reference test method. In the case of the Portland cement NESHAP (and NSPS), the rule specifies EPA Method 5 for measuring filterable p articulate matter concentration or mass rate (e.g., in mg/dscm or lb/hr). PS 11 provides procedures and acceptance criteria for validating the performance of several types of PM CEMS technologies. Although there are multiple instrument and data reporting operational performance checks in PS 11 that are similar in concept to those for gaseous pollutant CEMS, there is a principal PM CEMS performance requirement that is distinctly different. That difference is the development of a site
- specific PM CEMS correla tion or mathematical response curve. There are two key procedural elements to developing that correlation. First, PS 11 requires that the source conduct stack test runs using an EPA PM test method (e.g., Method 5) and simultaneously collect correspondingInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 39 of 247 PM CEMS output data. Second, the source must vary the operation of the control device manually in order to produce a range of PM concentrations. PS 11, section 8.6, requires at least five test runs at each of three different operating (i.e., low, mid, and h igh PM concentration) conditions for a total of 15 or more test runs that range from 25 to 100 percent of allowable emissions. Then the source must use the test method data and the corresponding PM CEMS output data to develop an equation (i.e., a calculate d linear or nonlinear curve) that will be used to define the relationship between the PM CEMS output and the test method measured PM concentrations. Each site
- specific correlation must meet several PS 11 acceptance criteria including limits on confidence i nterval and tolerance interval equating to ±25 percent of the applicable emissions limit. Industry issues relative to PS 11 One issue the commenters raised about conducting the testing to meet the PS 11 correlation development requirement is the impracticality of varying the emissions from a fabric filter control device. Most of the PortlandInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 40 of 247 cement plants subject to the NESHAP use fabric filter control devices. We agree with commenters that there are typically few, if any, physical adjustments one can apply to a fabric filter or to the kiln process to change the outlet PM concentration significantly. A fabric filter produces
es sentially a constant outlet concentration even with changes to the inlet loading or flow ( http://www.epa.gov/ttnchie1/mkb/documents/ff

-pulse.pdf ). Although PS 11 allows some flexibility when control device perturbations are not possible, the resulting correlation would apply for only the narrow range of concentrations measured during the testing. The result would be that the PM CEMS would be correlated only for a relatively small range of conditions below the applicable compliance limit. This range would not necessarily include situations where the standard might be exceeded. Without the ability to calculate emissions should the fabric filter performance change from initial test conditions (e.g., bag leaks begin to develop), such a limited correlation range would render the PM CEMS less reliable for calculating long term average concentrations or emissions rates and for verifyingInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 41 of 247 compliance. Additionally, i t is difficult and resource intens ive to modify baghouse control efficiency in a way that is representative of normal operations at a cement kiln . Commenters also cited problems in developing correlations in stack gases with variable PM constituents and physical characteristics when using light scatter or scintillation detection PM CEMS devices. The information commenters provided with regard to the variability in raw feed materials and the continuous adjustments to additives used in making Portland cement has improved our unders tanding the variations in the physical characteristics of the particles in the emissions from cement kilns. As noted above and in the EPA’s technology background documents (e.g., http://www.epa.gov/ttn/emc/cem/pmcemsknowfinalrep.pdf and http://www.epa.gov/ttn/emc/cem/r4703

- 02
- 07.pdf ), the correlations developed for these types of instruments are inherently dependent on the particl e structure, size, and other physical characteristics as well as PM mass in the exhaust gases for each site. This is an issue of special import for cement kilns where limestone composition isInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 42 of 247 variable and kilns also use alternative feedstocks and additives to impart particular product characteristics. These variations in composition together create considerable additional variability in cement kiln stack emissions particle size, color, and other relevant physical characteristics. Put another way, these light
-based PM CEMS produce a signal that can vary when different fuels or raw materials are introduced to the kilns even when the fabric filter outlet mass concentration remains unchanged. To the extent that physical characteristics of the PM in the stack r emain stable, correlations for light
-based PM CEMS meeting PS 11 performance criteria can represent mass rates to the degree of accuracy required by PS 11. For example , there are various design structures used in some light based PM CEMS devices that can mitigate the effects of changes in the physical aspects of particles on measurement uncertainty. In addition to the type of light effect measured (e.g., Rayleigh or Mie scattering or light scintillation), the detector wavelength and the frequency are design factors that will affect how the PM CEMS responds to small changes in the physical appearance of the PM.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 43 of 247 On this point, we note that if a source owner were concerned about the ability of a light
-based PM CEMS to meet the requirements of PS 11 because of variable physical characteristics of particles in the stack, there is at least one other PM CEMS technology based more directly on mass measurement rather than on light scatter or light scintillation characteristics. The currently available Beta gauge technology does not suffer from this particular technical problem. The Beta attenuation PM CEMS, also called Beta gauge, extracts a sample for the stack gas and collects the PM on a filter tape. The device periodically advances the tape from the sampling mode to an area where the sample is exposed to Beta radiation. The detector measures the amount of Beta emitted by the sample and that amount can be directly related to the mass of PM on the filter. The Beta gauge sensitivity or detection limit can be enhanced (i.e., lowered) with greater sample volumes produced from sampling intervals up to an hour or longer. Another PM mass detector projected for greater use as PM CEMS is the tapered element oscillating microbalance (TEOM). Often used in measuring ambient levels of PM, the TEOM operates on a basic principle that can be madeInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 44 of 247 traceable to NIST laboratory standards. The TEOM can provide a continuous measure of PM mass in a sample extracted from the stack and routed to the detector. TEOM based PM CEMS are not yet commercially available. Commenters identified another factor contributing to the difficulty of meeting PS 11 correlation requirements for low PM concentrations corresponding to a low applicable emissions limit , as with the promulgated PM standards here . We have recently reevaluated the capabilities of the EPA Method 5 for measuring low concentrations of PM 8 and have determined a Method 5 method detection limit of approximately 2 mg/dscm for a 1

- hour test run. The uncertainty of a measurement with Metho d 5 at this PM concentration would be from 50 to 100 percent (i.e., ±1 to 2 mg/dscm). We can determine a practical quantitation limit (PQL) using ~3 x method detection limit to reduce that Method 5 measurement uncertainty to ±10 to 20 percent (see also sec tion III.H. below ). That means that the PQL for a 1 hour test run with Method 5 would be approximately 6 mg/dscm ±0.6 to 1.2 mg/dscm.

8 See EPA Note from Raymond Merrill, OAQ PS, to Bob Schell, OAQPS, Subject: Revision of Estimated Method 5 Detection Limit, May 23, 2012Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 45 of 247 The Portland cement NESHAP PM emissions limit for existing sources of 0.040 lb/ton of clinker equates to 5 to 8 mg/dscm, depending on production rate (assuming a typical total gas flow rate per clinker production rate). As noted above, PS 11 specifies acceptable criteria for a correlation directly related to the applicable emissions limit. For a PM CEMS set up to measure compliance with a 5 to 8 mg/dscm equivalent limit, the inherent uncertainty associated with a 1 hour Method 5 measurement (±0.6 to 1.2 mg/dscm) would constitute more than half of the ±25 percent of the applicable PS 11 acceptance threshold (i.e., ±1.2 to 2.0 mg/dscm) of the mid

- level PS 11 correlation test (i.e. the correlation for the middle of the three PS 11 correlation points). Factoring in the inherent PM CEMS response variability and the uncertainty associated with the representative sampling (e.g., PM and flow stratification), we agree with commenters that trying to satisfy PS 11 at such low concentrations using 1 hour Method 5 test runs would be problematic. The same issue arises for the new source standard as well, which would be even more problematic given the lower numerical limit ofInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 46 of 247 the new source standard . This drawback applies regardless of the type of PM CEMS technology used. As commenters noted, one can improve the method detection capabilities of the Method 5 or other filterable PM test method by increasing sampling volume and run time. For example, a test run time of about 2 hours will improve the Method 5 PQL to about 3 mg/dscm. The measurement uncertainty associated with a 2 hour test run at 3 mg/dscm would be about ±0.3 to 0.6 mg/dscm. At th is level, the uncertainty associated with the PM test method measurements alone would be about half of the correlation limit allowed in PS 11. To achieve a PQL of 1 mg/dscm and a measurement uncertainty of about ±0.01 to 0.2 mg/dscm , one would need to conduct a test run of 6 hours or longer. As noted above,the PS 11 correlation calculations would also have to account for any PM CEMS analytical and measurement variability. Using data from longer Method 5 test runs will improve the probability of a PM CEMS me eting PS 11 correlation requirements but, as commenters note, will also raise practicality concerns without completely resolving the issue. For example, the time to complete 15 1
- hour testInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 47 of 247 runs under three different emissions conditions may be three to six days of field work, while the time to complete 15 6
- hour test runs under three different emissions conditions will require at least two weeks of field work in order to produce and maintain the operating conditions associated with three different emissions rates. Longer test runs lower the variability of Method 5 PM measurements at near detection limit levels from ± 50 percent to below ± 25 percent; however, the variability of Method 5 results at these low levels represents a significantly larger portion of the ± 25 percent correlation requirement of PS 11 than would Method 5 data collected at higher PM concentrations. Method 5 measurement uncertainty becomes increasingly greater with lowering PM concentration and thus reference measurement variability hinde rs the PS 11 correlation process the most for the best performing sources. Thus, the ultimate result might still lack certainty, and would also pose the most difficulty and uncertainty to those cement kiln sources with lower PM concentrations (potentially disadvantaging more efficient operators). Although longer Method 5 test runs and longer beta gauge sampling times reduce difficulties with PS 11Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 48 of 247 correlation for a PM CEMS, the EPA believes that this correlation will not be technically achievable for a significant number of cement kiln sources, a result in part due to the Method 5 PM emissions measurement variability at the low concentrations necessary to maintain compliance with the standard. The PM CEMS response values become approximations more qualitative than quantitative with high levels of uncertainty at low con centrations (i.e., the correlations do not meet PS 11 requirements). This characteristic exists regardless of the type of PM CEMS technology used **by the cement kiln (since it involves variability not only of the PM CEMS but also the Method 5**  **test data, var iability of raw material and additive feeds**  **to the kiln, and the changing particle sizes, shapes, and density with process operations (e.g., mill on versus mill**  **off)** . Making PM CEMS work at low concentrations (< 10 mg/ ds cm) **at cement kiln sources** is not impossible; although, to expect that correlations would be achievable at all low emissions **cement kiln** sources would be unrealistic. Additionally, the technical limitations do not mean that PM CEMS cannot be used to monitor for compliance.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 49 of 247 A PM CEMS that doe s not meet the EPA correlation requirements can still produce data indicative of trends and changes in emissions control. PM CEMS technology can be effective in monitoring control device performance ( see, e.g., 77 FR 9371 ( February 16, 2012 ) where EPA established PM CPMS parametric operating limits for electricity generating units ). A monitoring approach alternative to PM CEMS and PS 11 To address technical issues associated with PM CEMS meeting PS 11 correlation requirements at low PM emissions concentrations **from cement kilns** , the impracticability in perturbing fabric filter emission rates to establish PS
- 11 correlation curves, the potentially variable PM emissions characteristics expected from Portland cement kilns, the EPA is proposing to chan ge the compliance basis for the PM emissions limit from PM CEMS. For monitoring continuous compliance, the rule would require PM CEMS equipment but, as explained below, that equipment would be used for continuous parametric monitoring rather than for direc t measure of compliance with the numerical PM emissions limit.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 50 of 247 The EPA is proposing to change the means of demonstrating compliance from PM CEMS to Method 5 stack testing. In applying Method 5, particulate matter is withdrawn isokinetically from the source and collected on a glass fiber filter maintained at a temperature of 120 ± 14 o C (248 ± 25 o F). The PM mass, which includes any material that condenses at or above the filtration temperature, is determined gravimetrically after the removal o f uncombined water. Compliance with the numerical emissions limit is then based on an average of three 2
- hour test run s rather than a 30
- day average determined from PM CEMS data. The numerical level of the standard would change to reflect the different averaging period. See 75 FR at 54988 (explaining that more measurements of a properly designed and operated control device decreases measured variability since there are likely to be more measurements at the mean of performance); see also 75 FR at 54975
- 76 ( explaining how this phenomenon is reflected in the Upper Prediction Limit equation used to project variability, since the m term (i.e., the number of measurements) in the equation becomes larger with more observations resulting in a larger denominator and hence lower ultimate level). By changingInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 51 of 247 from a 30
- day average with potentially 720 hourly values to a three
- run test average producing three test run values, we were compelled to review and revise the calculation of the PM emissions floor and standard, an d consistent with the court’s remand, removed all CISWI kilns from the database in doing so. In calculating the PM MACT floor, the best performing kilns used in the analysis changed as a result of removing the kilns identified as CISWI kilns. In addition, we realized that PM emissions data for a single kiln were inadvertently treated as test results for three different kilns in the original analysis. After making that correction and after eliminating kilns identified as CISWI, the number of kilns in the da ta set was reduced from 45 kilns to 28 kilns. Therefore, the best performing 12 percent was represented by four kilns. As a result of removing the CISWI kilns, two kilns which were not best performers in the 2010 dataset are now best performers. See TSD se ction 8.3 and Appendices E and F. As in the 2009 proposal, we used individual test run data from our best performing kilns and calculated the 99 th confidence UPL. Rather than using m = 30 in the equation as we did in the 2010 final rule where compliance was basedInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 52 of 247 on a 30 day rolling average , see 75 FR at 54988, we used m = 3 consistent with the proposed requirement to determine compliance using a three run Method 5 test. Under this analysis, we determined the revised proposed PM MACT floor to be 0.07 lb / ton clinker produced when based on the three run Method 5 test. Beyond
- the
- floor standards do not appear to be justified for the same reasons given in the 2010 final rule. See 75 FR at 54988. The proposal specifies this emissions limit for the kiln and clinker cooler and an initial and annual compliance test using Method 5 to demonstrate compliance. These issues affecting the existing source PM limit also apply to the new source PM limit. Based on this revised compliance regime, the new source floor wou ld change from 0.01 lb/ton clinker produced, to 0.02 lb/ton clinker produced, based on a three run average from a Method 5 stack test. See Portland Cement Reconsideration Technical Support Document, section 8 .3. The best performing kiln used to set the MAC T floor for new sources in the 2010 rule was a cement kiln, not a CISWI kiln, so the same kiln was used for this analysis. The difference is that because a 3
- run test would be used to determineInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 53 of 247 compliance rather than a 30
- day rolling average, the calculati on of the 99 th confidence UPL used m = 3 rather than 30, which results in a floor of 0.02 lb/ton clinker. EPA is not proposing a beyond
- the
- floor standard for the reasons given at 75 FR 54988. **As indicated above, t**he EPA is further proposing to use PM CEMS technology for continuous parametric monitoring of the proposed PM standards. The EPA has developed requirements for continuously monitoring operating parameters in instances where compliance is based on non
continuous measurements, as would now be the c ase for PM. This implements section 114(a)(3) of the Clean Air Act which requires major sources to use enhanced monitoring for compliance certifications. The EPA’s historic approach has been to require monitoring of a control device operating condition (e .g., electrical power, water flow rate, pH) the limit of which is based on a periodic compliance test with the compliance test method. The use of a continuous parametric monitoring system based on PM CEMS technology (PM CPMS) is a significant step closer t o direct measurement of emissions in units of the emissions limitInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 54 of 247 and an improvement over less direct monitoring of a process control device conditions. Specifically, this proposal recognizes the value of PM monitoring technology sensitive to changes in PM emissions concentrations and use of such a tool to assure continued good operation of PM control equipment. This approach avoids the PM CEMS calibration (i.e., PS 11 correlation) issues especially problematic at low concentrations **This is because**  here is no statistical correlation requirement for validating the PM CPMS output: as explained above, PS 11 requires a ±25 percent limit for confidence interval for the PM CPMS curve and that the curve be validated across a range of concentrations. We have discussed above how problematic this is at low PM concentrations with current technology and methods. As a result, the **propo** sed rule would require the installation and operation of a PM CPMS for parametric monitoring associated with the proposed PM stan dard. The source owner would not have to meet PS 11 requirements but would have to prepare and submit for approval, if requested by a permitting authority, a site
- specific monitoring planInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 55 of 247 to apply sound practices for installing, calibrating, and operating the PM CPMS. Current PM CPMS have an operating principle based on in
- stack or extractive light scatter, light scintillation,
or beta attenuation . The source owner or operator would need to examine the fuel and process conditions of his stack as well as the capabilities of these devices before selecting a particular CPMS technology . The reportable measurement output from the PM CPMS may be expressed as milliamps, stack concentration, or other raw data signal. For the purposes of this proposed rule, the sourc e owner would establish an operating limit based on the highest PM CPMS hourly value collected during the most recent PM compliance test (or other stack tests accepted as a legitimate basis for compliance, as explained below). The source would collect PM C PMS data continuously and calculate a 30 operating day rolling average PM CPMS output value from the hourly PM CPMS data collected during process operating hours and compare that average to the site specific operating limit. For these reasons (i.e., 30 day s to mitigate the effects of measurement and emissions variability and using the highest hourly average from theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 56 of 247 stack testing), the EPA believes that use of the PM CPMS for parametric monitoring should not pose the same technical issues as those underlyin g the proposed decision to base compliance on PM CEMS measurements. We are proposing a number of consequences if the kiln PM monitoring parameter is exceeded . First, the source owner will have 48 hours to conduct an inspection of the control device and **to** take action to restore the controls if necessary and 30 days to conduct a new PM Method 5 compliance test to verify ongoing compliance with the PM limit. Within sixty days the new test data will be used to verify or reestablish the PM CPMS operating limit and begin a new 30 day rolling average calculation. This approach parallels that which the EPA adopted National Emission Standards for Hazardous Air Pollutants From Coal
- and Oil
Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil
- Fuel
- Fired Electric Utility, Industrial
- Commercial
- Institutional, and Small Industrial
Commercial
- Institutional Steam Generating Units, 77 FR 9304,9384 (February 16, 2012)). Second, EPA is proposing that the rule limit the number of deviatio ns of the site
- specific CPMS limitInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 57 of 247 leading to follow up performance tests in any 12
-month process operating period and an excess of this number be considered to be a violation of the standard. This presumption could be rebutted by the source, but would require more than a Method 5 test to do so (since a Method 5 test could not be conducted contemporaneously with the discovery of deviations and would not necessarily represent conditions identical to those when the deviation occurred). The basis for this part of the proposal is that the site
specific CPMS limit could represent an emissions level higher than the proposed numerical emissions limit since the PM CPMS operating limit corresponds to the highest of the three runs collected during the Method 5 performance test. Second, the PM CPMS operating limit reflects a 30
- day average that should represent an actual emissions level lower than the three test run numerical emissions limit and since variability is smoothed out over time. See 75 FR at 54988; 54975
- 76. Consequently, we believe that there should be few if any deviations from the 30
- day parametric limit and there is a reasonable basis for presuming that deviations that lead to multiple performance tests to represent poor control device performance and to be aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 58 of 247 violation of the standard. Given the above facts, EPA is proposing that PM CPMS deviations leading to more than six required performance tests in a 12
-month process operating period to be presumed a violation of this standard, subject to the source’s ability to rebut that presumption with information about process and control device operations in addition to the performance test results. Finally, the EPA is proposing that the NSPS for PM established pursuant to section 111(a) also be revised so that these limits are no longer CEMS
-based and reflect the resulting different numerical values and averaging times. Although the NSPS for PM rests on a justification independent of the NESHAP PM standard, see PCA v. EPA , 665 F. 3d at 192
- 93, the technical issues associated with the use of PM CEMS, particularly at these lower emissions levels, are common to both standards and the proposed amendments therefore appear appropriate for the NSPS as well.

E . Summary of P roposed S tandards Resulting F rom Reconsideration . The EPA is proposing the following revised MACT standards:Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 59 of 247 Table 4

– Proposed Existing and New Source Floors and Standards. 1 Pollutant Existing source standard New source standard Mercury 55 lb/MM tons clinker 21 lb/MM tons clinker Total Hydrocarbons 24 ppmvd 24 ppmvd PM 0.07 lb/ton clinker (3
- run test average) 0.02 lb/ton clinker (3
- run test average) HCl 3 ppmvd 3 ppmvd Organic HAP 12 ppmvd 12 ppmvd 1 Standards for mercury and THC are based on a 30
- day rolling average. The standard for PM is based on a three run test. If using a CEMS to determine compliance with the HCl standard, the floor is also a 30
- day rolling average. Organic HAP standards are dis cussed in Section H below. F . Standards for Fugitive Emissions F rom C linker S torage P iles In the September 2010 rule, the a gency established work practice requirements to reduce fugitive emissions from outdoor clinker storage piles. The a gency had information that these storage piles emit HAP in the form of fugitive PM containing HAP metals, so that regulation of these sources was necessary. Because the emissions in question were fugitive dusts for which measurement was not feasible, the a gency adopted work practice s as the standard, specifically the work practice standards and opacity emissions limits contained in California’s SouthInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 60 of 247 Coast Air Quality Management District Rule 1156 as amended on March 6, 2009. Because there were only two plants which we could state definitively had open storage piles and both were complying with Rule 1156, we believed that the regulatory standards under Rule 1156 constituted the floor level of control. The current promulgated work practices consist of providi ng varying degrees of enclosures or barriers to prevent wind erosion of the storage piles. See generally 75 FR at 54989
- 90. In their reconsideration petition, the cement industry maintained that the EPA did not provide sufficient notice of the standards it might adopt for clinker storage piles. We agreed and granted reconsideration. See 76 FR at 28325. The D.C. Circuit stayed the standard pending the conclusion of the EPA’s reconsideration . See 665 F. 3d at 189 . Industry also noted, correctly, that more th an two plants are potentially affected by clinker pile standards, so that the California rule is not necessarily a floor level of control. To evaluate which work practices are currently used in the industry, we requested data from the industry on currently used work practices. We also undertook a review of state permits to determine the levelInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 61 of 247 of controls to which open clinker piles are currently subject. Based on this information, the EPA is proposing to amend the work practices for clinker storage piles. 1 . What is a clinker pile ? Clinker storage is necessary to allow near continuous kiln operation and intermittent grinding and processing of the clinker. Clinker storage is also necessary in the event of unplanned or planned kiln shutdowns. Cement plants use silos, domes or other enclosure for clinker storage. Additional clinker storage may also be necessary to accommodate extended shutdown periods for kiln maintenance and/or market conditions. When the conventional enclosed storage is not adequate, clinker may be stored in outdoor piles. Unlike automated systems for drawing down clinker from enclosed silos, these temporary outdoor storage piles are drawn down using equipment such as front end loaders or other reclaiming equipment. Outdoor clinker storage may be temporary, lasting a few days or weeks and up to several months. There are also open clinker piles that have been in existence for years and are essentially permanent. 2. What are the proposed standards ?Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 62 of 247 We are proposing amended standards that will control HAP metal emissions from open clinker piles. Because the emissions are fugitive, we are proposing work practices instead of an emissions limit since it is “not feasible to prescribe or enforce an emissio n standard” for these emissions because, as fugitive emissions, they are not “emitted through a conveyance designed and constructed to emit or capture such pollutant”. See CAA section 112 (h)(2)(A). The work practices would apply to any open clinker piles regardless of the quantity of clinker or the length of time that the clinker pile is in existence. According to industry stakeholders, virtually all Title V permits oblige cement plant operators to “minimize” fugitive emissions including those from open c linker piles. See Portland Cement Reconsideration Technical Support Document, section 2 , which is available in this rulemaking docket. Our examination of relevant permits indicates that some permits establish an opacity limit not to be exceeded in conjunct ion with materials management. Others contain a “no visible emissions” limitation at the fence line of the facility. Industry stakeholders state that to minimize fugitive emissions from open clinker piles, plants employ aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 63 of 247 number of practices, the most common being to use water sprays to form a concrete
- like crust on the exposed surface of the clinker pile. Clinker has cement like properties and when exposed to water will hydrate and harden. The crust formed by this practice is very effective at reducing fug itive emissions as long as the pile is not disturbed. Another common practice is to cover clinker piles with tarps, which may be held down with tires, which effectively minimizes fugitive emissions. Some plants also use foam sprays on the exposed surface o f the pile, forming a coating which drastically reduces or prevents fugitive emissions. Based on our review of 88 state Title V permits, all but one permit required one or a combination of the following control measures to reduce fugitive emissions general ly: work practices, opacity or visible emission limits, prohibitions against open clinker piles and some type of general duty requirements to minimize fugitive dust emissions. Eight of the permits contained requirements specific to open or outdoor clinker piles. Eighteen permits contained standards that restricted emissions more generally from outdoor storage piles including opacity andInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 64 of 247 visible emissions limits and general duty requirements to not produce PM or dust emissions at the property line. Seventy s even permits contained facility
-wide restrictions that applied to a variety of fugitive sources at the cement facilities ( e.g. roads, storage, raw material s ). In only one permit was it not clear that there were requirements to minimize fugitive dust emissi ons. With the exception of total enclosure of all open clinker piles, the EPA believes that the control measures in the permits are equally effective in reducing fugitive emissions. These measures are , therefore , consistent with section 112 (d) controls and reflect a level of performance analogous to a MACT floor. See CAA section 112(h)(1) (in promulgating work practices, the EPA is to adopt standards “which in the Administrator’s judgment [are] consistent with section (d) or (f) of this section.”) The option of full enclosures, somewhat analogous to a beyond
- the
- floor standard under section 112(d)(2), would be extremely costly with minimum associated emissions reductions incremental to the measures already undertaken (which already reduce most or all of the fugitive emissions from these piles) . The EPA , therefore , is not proposing to mandate such aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 65 of 247 practice. Industry cost estimates for a full enclosure with a capacity of 50,000 tons of clinker range from $10
- $25 million in capital cost and $400,000
- $500,000 annual operating cost (See Portland Cement Association, Clinker Piles, September 7, 2011, available in the rulemaking docket). We also are not proposing opacity or visible emission standards, for several reasons. If work practices are properly imp lemented, we believe fugitive emissions, including visible emissions, from clinker piles will be effectively controlled. Such emission limits would also be redundant with work practice requirements. Moreover, in many cases, the temporary, short
- term nature of clinker piles would make it impractical to implement an emissions monitoring program that would be more effective than the proposed work practices . We are proposing that one or more of the following control measures be used when adding clinker to a pil e, during on
- going clinker storage, and when reclaiming the clinker for processing, to minimize to the greatest extent practicable fugitive dust emissions from open clinker storage piles: locating the source inside a partial enclosure (such as a three side d structure with tarp),Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 66 of 247 installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the pile, use of a wind barrier, use of a tarp or use of a vegetative cover. The owner or operator must select, from the list provided, the control measure or combination of control measures that are most appropriate for the site conditions. We are allowing the owner or operator to select the most appropriate control measure or combination of measures for their situation . We are proposing that the owner or operator must include as part of their operations and maintenance plan (required in §63.1347) the fugitive dust control measures that they will implement to control fugitive dust emissions from open clinker piles. Thes e control measures would apply to the addition of clinker to the pile, on
- going clinker storage and reclaiming the clinker for processing. We are proposing the same standards for new sources as existing sources . In the case of a clinker storage pile, ther e is no essential difference between ‘new’ and ‘existing’ . These piles generally reflect temporary storage situations , and are not analogous to building a one
- time stationary structure where there are opportunities forInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 67 of 247 newly
- constructed entities that do no t exist for existing entities . The EPA consequently is proposing the same standards for both. G . Affirmative Defense to C ivil P enalties for E xceedances O ccurring During Malfunctions In response to comments urging that the EPA not apply the same standards to malfunctions as to normal operation, the EPA added to the September 9, 2010 , final rule an affirmative defense to civil penalties for exceedances of emissions limits that are caused by malfunctions. Various environmental advocacy groups, as well as the Portland Cement Association ( PCA ) , indicated that there had been insufficient notice of this provision. The EPA agreed and granted reconsideration. See 76 FR at 28325. We are proposing to retain the affirmative defense on
r econsideration. This provision seeks to balance a tension, inherent in many types of air regulation, to ensure adequate compliance while simultaneously recognizing that despite the most diligent of efforts, emission limits may be exceeded under circumstanc es beyond the control of the source. The EPA must establish emission standards that “limit the quantity, rate, or concentration of emissions ofInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 68 of 247 air pollutants on a continuous basis.” See 42 U.S.C. § 7602(k) (defining “emission limitation and emission standard”). See generally Sierra Club v. EPA , 551 F.3d 1019, 1021 (D.C. Cir. 2008) Thus, the EPA is required to ensure that section 112 emissions limitations are continuous. The affirmative defense for malfunctio n events meets this requirement by ensuring that even where there is a malfunction, the emission limitation is still enforceable through injunctive relief. Although “continuous” limitations, on the one hand, are required, there is also case law indicating that in many situations it is appropriate for the EPA to account for the practical realities of control technology. For example, in Essex Chemical v. Ruckelshaus , 486 F.2d 427, 433 (D.C. Cir. 1973), the D.C. Circuit acknowledged that in setting standards under CAA section 111 “variant provisions” such as provisions allowing for upsets during startup, shutdown and equipment malfunction “appear necessary to preserve the reasonableness of the standards as a whole and that the record does not support the ‘never to be exceeded’ standard currently in force.” See also, Portland Cement Association v. Ruckelshaus , 486 F.2d 375 (D.C. Cir. 1973). ThoughInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 69 of 247 intervening case law such as Sierra Club v. EPA and the CAA 1977 amendments undermine the relevance of these cases t oday, they support the EPA’s view that a system that incorporates some level of flexibility is reasonable. The affirmative defense simply provides for a defense to civil penalties for excess emissions that are proven to be beyond the control of the source. By incorporating an affirmative defense, the EPA has formalized its approach to upset events. In a Clean Water Act setting, the Ninth Circuit required this type of formalized approach when regulating “upsets beyond the control of the permit holder.” Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272
- 73 (9th Cir. 1977); see also, Mont. Sulphur & Chem. Co. v. United States EPA , 2012 U.S. App. LEXIS 1056 (Jan 19, 2012)(rejecting industry argument that reliance on the affirmative defense was not adequate). But see, Weyerhaeuser Co. v. Costle , 590 F.2d 1011, 1057
- 58 (D.C. Cir. 1978) (holding that an informal approach is adequate). The affirmative defense provisions give the EPA the flexibility to both ensure that its emission limitations are “continuous” as required b y 42 U.S.C. §7602(k), and account for unplanned upsets and thus support the reasonableness of the standard as a whole.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 70 of 247 Petitions filed by environmental advocacy groups question the EPA’s authority to promulgate the affirmative defense arguing, among other things, that the affirmative defense is inconsistent with the provisions of CAA sections 113(e) and 304(b) governing penalty assessment and citizen suits, respectively. The EPA’s vi ew is that the affirmative defense is not inconsistent with CAA section 113(e) or 304. Section 304 gives district courts’ jurisdiction “to apply appropriate civil penalties.” Section 113(e)(1) identifies the factors that the Administrator or a court shall take into consideration in determining the amount of a penalty to be assessed, once it has been determined that a penalty is appropriate. The affirmative defense regulatory provision is not relevant to the amount of any penalty to be assessed. If a court determines that the affirmative defense elements have been established, then a penalty is not appropriate and penalty assessment pursuant to the section 113(e)(1) factors does not occur . In exercising its authority under section 112 to establish emission standards (at a level that meets the stringency requirements of section 112), the EPA necessarily defines conduct that constitutes a violation.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 71 of 247 The EPA view is that the affirmative defense is part of the emission standard and defines two categories of vio lation. If there is a violation of the emission standard and the source demonstrates that all the elements of the affirmative defense are met, only injunctive relief is available. All other violations of the emission standard are subject to injunctive reli ef and penalties. A citizen suit claim under section 304 allows citizens to commence a civil action against any person alleged to be in violation of “an emission standard or limitation under this chapter.” The CAA, however, allows the EPA to establish such “enforceable emission limitations.” Thus, the citizen suit provision clearly contemplates enforcement of the standards that are defined by the EPA. As a result, where the EPA defines its emissions limitations and enforcement measures to allow a source the opportunity to prove its entitlement to a lesser degree of violation (not subject to penalties) in narrow, specified circumstances, as the EPA did here, penalties are not “appropriate” under section 304 . The EPA solicits comments on this fundamental issu e of the EPA’s authority to promulgate an affirmative defense. The EPA’s view is that an affirmative defense to civilInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 72 of 247 penalties for exceedances of applicable emission standards during periods of malfunction appropriately balances competing concerns. On the one hand, citizen enforcers are concerned about additional complications in their enforcement actions. On the other hand, industrial sources
a re concerned about being penalized for violations caused by malfunctions that they could not have prevented and were otherwise appropriately handled (as reflected in the affirmative defense criteria). The EPA has used its Section 301(a)(1) authority to iss ue regulations necessary to carry out the Act in a manner that appropriately balances these competing concerns. However, the EPA also solicits comment on alternatives to or variations on to the affirmative defense provisions promulgated in the final rule . In its petition for reconsideration, the PCA expressed support for the affirmative defense, but maintains that “the affirmative defense process that EPA codified in the final rules is cumbersome and will be exceedingly difficult for facilities to employ.” The EPA is soliciting comment on the terms and condition of the affirmative defense. In recent rules promulgated under section 112 and 129, the EPA has revised certain terms and conditions of the affirmativeInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 73 of 247 defense in response to concerns raised by various commenters. The EPA is proposing to adopt those same revisions in this rule. The EPA is proposing to revise the affirmative defense language to delete “short” from section 63.1344(a)(1)(i), because other criteria in the affirmative defense require that the source assure that the duration of the excess emissions “were minimized to the maximum extent practicable.” The EPA is also proposing to delete the term “severe” in the phrase “severe personal injury” in 63.1344(a)(4) because we do not think it is appr opriate to make the affirmative defense available only when bypass was unavoidable to prevent severe personal injury. In addition, the EPA is proposing to revise section 63.1344(a)(8) to add “consistent with good air pollution control practice for minimizi ng emissions.” The EPA is also proposing to revise the language of 63.1344(a)(9) to clarify that the purpose of the root cause analysis is to determine, correct and eliminate the primary cause of the malfunction. The root cause analysis itself does not nec essarily require that the cause be determined, corrected or eliminated. However, in most cases, the EPA believes that a properly conducted root cause analysis will have such results. In addition, the EPAInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 74 of 247 is proposing to revise 63.1344(b) to state that “[t] he owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator in a semiannual report with all necessary supporting documentation, that it has met the requirements set forth in section 63.1354(c) of this subpart.” See proposed regulatory text for other proposed minor wording changes to improve clarity. Also note that we have added an affirmative defense provision to many other 112 rules since it was first promulgated in the 2010 cement rule. H . Continuously Monitored P arameters for Alternative O rganic HAP S tandard ( With THC Monitoring P arameter) In the September 2010 final rule, the EPA promulgated an alternative standard for non
- dioxin organic HAP, based on measuring the organic HAP itself rather than the THC surrogate. Section 63.1343(b)(1) provides two options for meeting a standard for organic HAP. One is to meet a THC standard of 24 parts per million volumetric dry (ppmvd); the other is to meet a limit of 9 ppmvd of total organic HAP. This equivalent alte rnative standard is intended to provide additional flexibility in determining compliance, and it would be appropriate for those cases in whichInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 75 of 247 methane and ethane comprise a disproportionately high amount of the organic compounds in the feed because these
n on - HAP compounds could be emitted and would be measured as THC. The specific organic compounds that are to be measured to determine compliance with the equivalent alternative standard are benzene, toluene, styrene, xylene (ortho
- , meta - , and para
- ), acetal dehyde, formaldehyde, and naphthalene. Compliance with the equivalent alternative standard under the September 2010 standard will be determined through organic HAP emission s testing using EPA Method 18 or 320, as appropriate for the compound of interest . The rule further requires that each source complying with the alternative standard establish a site
specific THC limit to be met continuously. The site
specific THC limit will be measured as a 30 day rolling average , with an annual compliance test requirement. It would be correlated with the organic HAP limit and is therefore not tied t o the THC standard of 24 ppmvd. We granted reconsideration on the level of this site
- specific THC limit used as a continuously monitored parameter for those sources selecting the alternative HAP compliance method. See 76 FR at 28318.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 76 of 247 Since THC includes compounds that are not considered to be hazardous, either of the two standards are considered to be reasonable. While the September 2010 final rule required an organic HAP limit of 9 ppmvd, a recent review of the method detection limits used to measure organic HAP revealed that three times the representative method detection level ( 3*. RMDL) is actually 12 ppmvd, and therefore we propose to revise the a lternative organic HAP limit to 12 ppmvd. As discussed in the final rule, the expected measurement imprecision for an emissions value at or near the method detection level is about 40 to 50 percent and decreases to a consistent 10 to 15 percent for values that are three times the method detection level. See 75 FR at 54984; see also section D above. Thus, measured values less than three times the representative method detection level are highly uncertain and therefore not reasonable for compliance determinat ions. The 3* RMDL of 12 ppmvd was determined as follows: we determined method detection capabilities for Method 320 and Method 18 as appropriate for the various compounds (e.g., Method 320 for aldehydes, Method 18 for aromatic hydrocarbons (arenes)). This approach isInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 77 of 247 consistent with procedures practiced by the better performing testing companies and laboratories using sensitive analytical procedures. We determined for each of the organic HAP the expected method detection level for the respective method base d on internal experience and method capabilities reported by testing companies. With these reported values, we identified the resulting mean of the method detection levels, adjusted them for dilution and moisture, summed them, and then multiplied the sum b y three to determine the RDL . The resulting RDL value was found to be 11.2 ppmv @ 7 percent oxygen ( O 2 ) , dry. This value is greater than the final 9 ppmv @ 7 percent O 2 , dry, in the final rule. We are , therefore , proposing to adjust the total organic HAP limit to 12 ppmv @ 7 percent O 2 , dry (rounded up from the 11.2 ppm RDL). At this level, we believe that currently available emissions testing procedures and technologies can be used to provide measurements of suff icient certainty for sources to demonstrate compliance. A detailed discussion of the use of the RDL to arrive at the proposed organic HAP limit is found in the Portland Cement Reconsideration TechnicalInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 78 of 247 Support Document, section 3 , which can be found in the docket for this rulemaking. A consequence of this analysis is that the accuracy of the analytic methods for organic HAP appear to be insufficient to allow sources to scale up their site
specific THC limit based on the degree to which the measured organic HAP levels were below the organic HAP limit
-- the organic HAP limit, even as proposed to be revised, is at the reliable limit of detection as just explained . Therefore, th is proposed rule retains the provision whereby the site
- specific THC operating parameter is established at the same time the performance test is conducted for organic HAP. If the site
- specific THC operating parameter is exceeded, then the kiln would have to be retested to determine compliance with the organic HAP limit. Th is proposed rule would further require that the tests for organic HAP and THC be repeated annually to establish a new annual site
- specific THC parameter reflecting the organic HAP level. We also are proposing, similar to the PM compliance test procedure, that the highest 1
- hour average THC concentration measured duringInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 79 of 247 the 3
- hour organic HAP test, be used as the site
- specific THC parameter. I . Allowing S ources With D ry C austic S crubbers to C omply With HCl S tandard U sing P erformance T ests To demonstrate compliance with the HCl emissions limit, the September 2010 final rule allows sources equipped with wet scrubbers to comply with the HCl standard by means of periodic performance tests rather than with continuous monitoring of HCl with a CEMS (see §63.1349(b)(6)). We reasoned that a source that uses a limestone wet scrubber for HCl control will have minimal HCl emissions even if kiln inputs change because limestone wet scrubbers are more efficient in removing HCl than they are required to be, to meet the standard . Sources elec ting to comply by means of stack tests must establish continuously monitored parameters including liquid flow rate, pressure and pH. Sources using a limestone wet scrubber are required to perform an initial compliance test using Method 321 in Appendix A to 40 CFR p art 63 and to test every 30 months thereafter. In their petition, industry stakeholders indicated that this compliance option should not be limited to wetInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 80 of 247 scrubber equipped units, but should also be available for units equipped with caustic scrubb ers, in part because some sources will be equipped with dry scrubbers (due to water shortages) and should have the same operating flexibilities as wet scrubber equipped kilns. A recent review of data from a vendor of acid gas controls using a standard hydrated lime and a high performance hydrated lime at a US cement manufacturing plant , revealed that HCl removal from dry scrubbers on kilns ranged from 90 to 95 percent HCl removal, depending on lime injection rates (Lhoist North America, Cement Industry Exp erience, DSI for Acid Gas Control, October 5, 2011) . The results also showed the plant could meet the 3 ppm HCl limit. EPA also evaluated HCl removal efficiency using dry sprayer absorber with a fabric filter as part of the electric utility generating (EGU ) MACT rulemaking. Removal efficiencies ranged from 95 percent to nearly 100 percent with an average of about 99.8 percen t (Hutson to Nizich, HCl control using SDA/FF, November 29, 2011) . In addition, information from the National Lime Association (http:// www.lime.org/uses_of_lime/environmental/flue_gas.as p) and the Institute for Clean Air CompaniesInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 81 of 247 (http://www.icac.com/i4a/pages/index.cfm?pageid=3401)report HCl emissions reductions using dry lime injection technology of 95 to 99 percent from coal
- fired boi lers in the electric utility industry, from municipal waste
- to energy facilities and from other industries. In the secondary aluminum industry, reductions in HCl emissions greater than 99 percent have been achieved (National Lime Association, Flue Gas Desulfurization, http://www.lime.org/uses_of_lime/environmental/flue_gas.as p ) . Given these high reported removal efficiencies, we propose to extend the same option provided to kilns equipped with wet scrubbers to dry scrubber
- equipped kilns . Thus, kilns with either type of scrubber c ould demonstrate compliance with the HCl limit by means of an initial and periodic stack test rather than with continuous compliance monitoring with a CEMS . In order to assure that the dry lime injection equipment is operated effectively between tests, the proposed amendment would require that the lime injection rate used during the performance test demonstrating compliance with the HCl limit be recorded and then continuously monitored between performance tests toInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 82 of 247 show that the injection rate remains at or above the rate used during the performance test . We are also proposing an additional alternative for all kilns equipped with a dry or wet scrubber (and, under this proposal, could therefore do periodic HCl performance testing and parametric monitoring) . Where either wet or dry scrubbers are used, we are proposing that an owner or operator would have the option of using sulfur dioxide ( SO 2 ) monitoring as a continuously monitored parameter for purposes of compliance monitoring . Because HCl is a water
soluble compound and because it has a large acid dissociation constant ( i.e., HCl is a strong acid) , it will be more rapidly and readily removed than SO 2 from a gas stream treated with either caustic sorbents ( e.g., lime, limestone) or plain water . We acknowledge that at proposal (see 74 FR at 21154) we rejected setting a standard that used SO 2 as a surrogate for HCl because we had no data that demonstrated a direct link between HCl emis sions and SO 2 emissions. However, pilot
- scale tests by EPA at its Multi
pollutant Control Research Facility support the use of the more easily measured SO 2 as a surrogate for HCl where either wet or dry scrubbers are used. See Docket item EPA
- HQ - OAR-Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 83 of 247 2009
- 0 234
- 3893. Further, we are aware that there are existing kilns equipped with SO 2 CEMS and that this monitoring technology is less expensive and more mature than HCl CEMS . Thus, consistent with the recent Mercury and Air Toxics Standards for Coal and Oil
- Fi red Electric Utility Steam Generating Units (76 FR 25023, 25038

– 25039, May 3, 2011) , we are proposing that SO 2 is an indicator for HCl compliance, and that monitoring the emissions of SO 2 will provide a reliable indication of HCl removal , making SO2 moni toring an appropriate parameter for monitoring continuing compliance . . Owners or operators of kilns equipped with dry or wet scrubbers that choose to use SO 2 monitoring would need to conduct an initial performance test for HCl and establish the SO 2 operating limit equal to the highest 1 hour average recorded during the HCl performance test, so that there is an indication of proper operation of the HCl control device. The owner or operator of a kiln controlled using either a dry or wet scrubber that chooses to monitor SO 2 would not be required to also establish continuously monitored parameters reflecting the performance test results, such as lime injection rate for a dry scrubber andInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 84 of 247 liquid flow rate, pressure and pH for a wet scrubber. Deviation from any established parameter level or established SO 2 operating level would trigger a requirement to retest for HCl in order to verify compliance with the HCl limits and to verify or re
- establish the parameter levels. At a minimum, a repeat performance tes t to confirm compliance with the HCl emissions limit and to reset the SO 2 limit and monitoring parameters is required every 5 years. We are requesting comment on the efficacy of continuously monitoring SO 2 as a continuously monitored parameter in lieu of c ontinuously monitoring HCl , and also solicit comment on testing every 30 months for HCl for purposes of monitoring compliance with the HCl emissions limit. J . Alternative PM Limit Some kilns combine kiln exhaust gas with exhaust gas from other unit operations, such as the clinker cooler , as an energy saving practice . The September 2010 final rule sought to accommodate commingled flows from the kiln and clinker cooler by providing a site specific PM limit. See section 63.1343(b)(2). In its reconsidera tion petition, the PCA pointed out, however, that other flows besides theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 85 of 247 exhaust gas flow from the clinker cooler can be commingled as well. The petitioner provided the example of coal mill exhaust and exhaust from an alkali by
-pass as instances of additi onal flows that can be commingled with the exhaust gas flow from the kiln. The petitioner observed that without an allowance for these additional flows, the site specific PM limit is stricter than the EPA intended (since the PM concentration will be divided by a lower number in the implementing equation), and penalizes the energy
- saving practice of commingling these flows. The Agency agreed with the petitioner that the alternative PM equations for existing and new sources contained in the final rule do not adequately account for commingled exhaust gas flows from sources other than the clinker cooler, and granted reconsideration for this
reason. See 76 FR at 28325. We believe that although the form of the equation is correct, the equation is not written to accommodate sources other than exhaust gases from the clinker cooler. We are proposing to revise the equation so that it includes exhaust gas flows for all potential sources that would potentially be combined , including exhausts from the kiln, the alka li bypass, theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 86 of 247 coal mill, and the clinker cooler, For an existing kiln, the EPA is proposing the following equation: PM alt = 0.006 x 1.65 x (Q k + Q c + Q ab + Q cm )/(7000) Where: PM alt is the alternative PM emission limit for commingled sources. 0.0 06 is the PM exhaust concentration (gr/dscf) equivalent to 0.07 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined 9
. 1.65 is the conversion factor of lb feed per lb clinker Q k is the exhaust flow of the kiln (dscf/ton raw feed) Q c is the exhaust flow of the clinker cooler (dscf/ton raw feed). Q ab is the exhaust flow of the alkali bypass (dscf/ton raw feed). Q cm is the exhaust flow of the coal mill (dscf/ton raw feed). 7000 is the conversion factor for gr per lb. If exhaust gases for any of the sources contained in the equation are not commingled and are exhausted through a separate stack, their value in the equation would be zero. The alternative PM equation for new sources is identical to the existing source equa tion except the PM exhaust concentration used in the equation is 0.002 grams per dry

9 Note that this figure would change correspondingly if the EPA were to amend the existing source PM standard. The same is true of the PM term in the new source equation.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 87 of 247 standard cubic foot, which is equivalent to the new source PM limit of 0.02 lb/ton clinker. K . Standards During S tartup and S hutdown In the final NESHAP, the EPA established specific standards for startup and shutdown (. These standards require kilns to meet numerical limits for each pollutant regulated by the rule, each standard to be measured using a CEMS over an accumulative 7
- day ro lling average. 75 FR at 54991
- 92. Industry petitioned EPA to reconsider these standards claiming lack of notice, but EPA denied these petitions because the agency had already provided ample opportunity for comment which petitioners had used. See 76 FR at 2 8323. The D.C. Circuit dismissed all challenges to these startup and shutdown provisions (see 665 F 3d at 189). The EPA did grant reconsideration on several technical issues related to startup and shutdown

– certain aspects of CEM
-based monitoring of mercu ry and PM during startup and shutdown

– issues which would be moot if EPA adopts the approach proposed below
- and having an HCl limit of zero for kilns not equipped with CEMS (see 76 FR at 28325).Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 88 of 247 EPA is proposing to retain the startup and shutdown standa rds for mercury and THC, to amend the startup and shutdown standards for PM to be consistent with the proposed numeric levels in today’s proposal, and to amend the level of the startup and shutdown standard for HCl to be 3 ppm in all circumstances. EPA i s further proposing to clarify that startup and shutdown means the periods of kiln operation that do not include normal operations . More specifically, s tartup begins when the kiln’s induced fan is turned on and continues until continuous raw material feed is introduced into the kiln, at which time the kiln is in normal operating mode . Shutdown begins when feed to the kiln is halted . Thus, during startup and shutdown, as defined, a kiln would not be firing coal or coke and would not be introducing feed mate rial into the kiln continuously . HAP emissions from cement kilns are attributable almost entirely to one or the other of these feeds, with raw materials contributing the great preponderance . In addition, kilns burn fuels during startup and shutdown which are cleaner than coal and coke (natural gas is used for the most of the startup). Thus, HAP emissions duringInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 89 of 247 startup and shutdown necessarily should be far less than the numerical limits in the standards since the kiln will not be introducing raw materials, and will be burning fuels which are cleaner than its normal fuels . Accordingly, EPA is further proposing to change the means of monitoring for compliance with the startup and shutdown standards. Rather than require monitoring by a CEM or by stack testing, EPA is proposing that a source keep records of the volumes of fuels introduced into the kiln during startup and shutdown to verify that raw materials are not introduced into the kiln, although, by definition, if raw materials are introduced continuously into the kiln, the kiln is not operating in startup and shutdown and the monitoring requirements of the main standards would therefore apply. Kiln owners and operators would then make conservative assumptions as to the combustio n efficiency of the kiln so as to reasonably estimate destruction of organics, and include mass balance calculations showing that the startup/shutdown standards would not be exceeded. These proposed recordkeeping requirements would serve as the basis for c ompliance monitoring. EPA believes thatInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 90 of 247 these proposed recordkeeping requirements are **both** sufficient to yield reliable information for the startup and shutdown periods, **and** to establish a source’s compliance or non
- compliance with the startup and shutdown standards. EPA also believes that this proposed requirement would satisfy the requirements of 40 CFR section 70.6 (c) (1) which requires that Title V permits shall contain “monitoring ... requirements sufficient to assure compliance with the terms and conditions of the permit. ” EPA is further proposing that the standard for HCl during startup and shutdown be 3 ppmvd under all circumstances, and thus is proposing to eliminate the current provision that the startup and shutdown standard be zero for kilns measuring compliance by means other than a CEM. As shown in the petitions for reconsideration, HCl can be formed even when normal fuels and raw materials are not being introduced into the kiln (for example, from residual chlorides in the kiln refractory). See PCA Petition for Reconsideration Exh.1. Consequently, the promulgated limit of zero is technically inappropriate, and EPA is proposing to amend it to 3 ppmvd, the same standard which applies in all other operating modes. MonitoringInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 91 of 247 during startup and shutdown would be accomplished by recordkeeping, as explained above. L . Coal Mills Cement kilns burn coal as their main fuel, and mill the coal before firing it. From the standpoint of air emissions, these coal mills are sometimes physically distinct f rom the cement kiln, generating emissions solely attributable to the coal mill and emitting exhaust through a dedicated stack. However, some kilns are configured so that coal mill emissions are commingled with kiln exhaust and the emissions are discharged through the main kiln stack. Finally, there are some configurations whereby kiln emissions are routed to the coal mill and discharged through the coal mill stack. This part of the preamble and **proposed** rule discuss the regulatory treatment of these differe nt scenarios. First, EPA has promulgated new source performance standards (40 CFR Part 60 subpart Y) for coal mills. See 74 FR 51952 ( October 8, 2009) . These standards apply to coal mills, including coal mills at cement manufacturing facilities, which emit through a dedicated stack. Subpart Y standards do not apply to coal mills at cement facilitiesInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 92 of 247 whose only heat source is kiln exhaust. See section 60.251 **(j)** (definition of **indirect** thermal dryer). This leaves ambiguous, or partially ambiguous, the regulatory treatment of the second and third situations mentioned above: a kiln whose coal emissions are discharged through the main kiln stack, and the coal mill which receives some exhaust from the cement kiln so that some portion of the coal mill exhaust can reflect cement kiln emissions. Because we did not address these issues in the 2010 final NESHAP for portland cement kilns, we granted reconsiderat ion in order to do so. See 76 FR at 28326. .. A cement kiln which commingles emissions from its coal mill with all other emissions and discharges through kiln emission points would have to meet all of the NESHAP. In the case of PM, the additional flow from the coal mill would be accounted for in the equation used to determine PM contributions from commingled flows. See section **K** . above. In the case of a coal mill which receives and discharges some of the cement kiln exhaust, the regulatory concern is that this re
- routing of kiln exhaust not result in uncontrolled HAP emissions.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 93 of 247 Our basic principle for this situation would be that the kiln demonstrate that it is meeting all of the NESHAP standards for pollutants not regulated under the subpart Y coal mil l standard, that is mercury, THC, and HCl. Because the subpart Y standards contain a PM standard predicated on use of fabric filter control technology, we do not believe it necessary to account for diverted PM emissions. We are proposing the following c ompliance mechanisms for the mercury, THC, and HCl standards in this situation. We are proposing that the sum of the kiln emissions and diverted kiln emissions (i.e. the kiln exhaust diverted to the coal mill) must not exceed the subpart LLL NESHAP emissio n limits for each respective HAP or HAP surrogate. The proposed rule contains requirements to document the contribution of the emissions diverted to the coal mill. With respect to THC and HCl, because coal may be a source of these emissions, we are propos ing that performance tests for THC and HCl be performed upstream of the coal mill. For mercury, tests would be required downstream to account for any mercury removal in the coal mill air pollution control device (APCD), and to avoid double counting emissio ns of mercury from mercury that becomes re
- entrained in the coal ,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 94 of 247 which is then burned by the cement kiln (which emissions are otherwise accounted for in the NESHAP). We note further that an analogous situation is when a cement kiln has an alkali bypass which receives and exhausts emissions from the kiln. We are proposing that these emissions be subject to **controls reflecting** the same principle

– the total emissions of the kiln and alkali bypass must meet the subpart LLL NESHAP . **We are also proposing to**  use the same monitoring procedures to document compliance. The one (slight) exception is **for** PM. Because there is no independent PM standard for an alkali bypass (unlike the situation for coal mills, where subpart Y regulates PM emissions), the summed PM emissions from the kiln and alkali bypass would have to be equal to or less than the PM limit in the subpart LLL NESHAP. Tests for PM from the alkali bypass would be downstream of the alkali bypass APCD to account for those emission reductions. We expand on these proposed monitoring requirements below. 1 . Mercury. Although mercury from the main stack is monitored using a CEMS, there is no need for such monitoring for the gas streams from the coal mill. The gasInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 95 of 247 stream to the coal mill is small in comparison to the kiln exhaust, operation of the coal mill is intermittent, and the cost of requiring additional CEMS for coal mills would be overly burdensome. Instead, we are proposing that performance tests for mercury be conducted at such a coal mill once per ye ar , and, as explained above, that the tests be conducted downstream of the coal mill . The proposed amendments require performance tests for mercury to be conducted using either Methods 29 or 30B in Appendix A
- 8 to 40 CFR Part 60. These performance tests would be required annually until the tested mercury levels are below the method detection limits for two consecutive years, after which tests may be conducted every 30 months. If test results at any time exceed the method detection limit, annual performance testing would again be required until mercury levels are below the method detection limit for two consecutive years. The results of the performance test would then be summed with the emissions from the kiln stack to determine compliance with the mercury emissions limit. Since kiln stack emissions are measured continuously with a CEMS, the coal gas emissions would need to be normalized on both a CEMS and production basis (lb/MM ton clinker) inInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 96 of 247 order to be summed with the kiln stack emissions. To do so,
we ar e proposing that the flow rate to the coal mill be continuously monitored. Using the results of the annual performance test and the continuous flow rate from the coal mill , the owner or operator would develop a mercury hourly mass emission rate for the coa l mill. Hourly mercury emissions from the coal mill would be summed with the mercury emissions from the kiln to determine continuous compliance as follows: ((Qab×Cab)+(Qcm×Ccm)+(Qks×Cks))/P ≤ MACT Limit Where: Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (lb/dscf) Qcm = Coal mill flow rate (volume /hr) Ccm = Coal mill concentration (lb/dscf) Qks = Kiln stack flow rate (volume /hr) Cks = Kiln stack concentration (lb/dscf) P = Kiln production rate (million tons clinker /hr) MACT Limit = Limit for mercury (55 lb mercury/MM tons clinker) This equation requires all values to be at or corrected to 7 % oxygen. Thus, if the normalized test results at the coal mill control device outlet shows mercury emissions of 10 lb/MM ton s clinker, emissions from the kiln would have to be less than 45 lb/MM tons of clinker to be in compliance with theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 97 of 247 proposed mercury emissions limit. See proposed section 63.1350(k)(5) . For kilns also equipped with an alkali bypass, the same procedure as that for the coal mill would apply. Where a portion of kiln gases are diverted to a coal mill and to an alkali bypass, emissions from the coal mill and alkali bypass would be tested , normalized, and summed and with the mercury emissions from the kiln to det ermine compliance with the emissions limit. 2 . THC and HCl. Because THC and HCl are concentration
based limits, the proposed compliance demonstration differs in certain details from the procedure described above for the production based limits for mercury . We are proposing that kiln stack emission limits (to be continuously monitored) be calculated taking into consideration the volumetric exhaust gas flow rates and concentrations of all applicable effluent streams (kiln stack, coal mill, and alkali bypass) for the kiln unit as follows:

( × ) + ( × ) + ( × )

( + + ) ≤

Where : Qab = Alkali bypass flow rate (volume/hr)Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 98 of 247 Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume /hr) Ccm = Coal mill concentration (ppmvd) e Qks = Kiln stack flow rate (volume /hr) Cks = Kiln stack concentration (ppmvd) MACT Limit = Limit for THC or HCl (ppmvd) This equation requires all values to be at or corrected to 7 % oxygen. 10 In order to determine the flow rates and concentrations of THC and HCl in the coal mill and alkali bypass streams, the source would need to test annually using the appropriate test method and would need to monitor the flow rate of the kiln stack with CMS. For HCl, the performance test would be performed using Method 321 in Appendix A to 40 CFR Part 63. For measurement of THC, Method 25A in Appendix A
- 7 to 40 CFR Part 60 would be required . With these data, the concentration of THC and HCl that must be monit ored in the CEMS in order to demonstrate compliance with the MACT limit under this proposal can be calculated by solving for Cks (kiln stack concentration) from the equation above, as shown:

10 The proposed approach is conceptually similar to that for PM from multiple sources discussed in K. above

—an equation which accounts for the flow
- weighted concentration of PM from all sources. [Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 99 of 247 ≤ ( × ( + + ))
− ( × )
− ( × ) This equation is based on the following:

 The total allowable mass emissions of THC and HCl for the kiln unit can be determined with the sum of all flow rates (coal mill, alkali bypass and kiln stack) and the applicable NESHAP limit (THC or HCl) concentration. This yields the total allowable mass emissions per unit of time for the kiln unit according to the MACT limits and the site specific flow rates for the coal mill, alkali bypass and kiln stack.

 By testing the coal mill and alkali bypass streams for concentration and flow rate, the actual mass of THC and HCl emitted per unit of time can be determined.

 Subtracting the actual mass emissions of THC and HCl leaving the coal mill and alkali by pass from the total allowable mass emissions for the kiln unit determines the remainder of allowable mass emissions that can be emitted through the kiln stack.

 With knowledge of the flow rate at the kiln stack (measured by CMS) and the allowable mass emissions (i.e. remainder) that can be emitted through the kilnInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 100 of 247 stack, a site specific concentration can be determined. The equation above provides a simplified approach to determining this value. The following example indicates how compliance would be demonstrated. In this example, we as sume a kiln stack, coal mill and alkali bypass with the following volumetric flow rates and THC concentrations:
**Effluent Flow Rate**  **THC Concentration**  **Notes MACT LIMIT**  **Stream (dscm/hr)**  **(ppmvd) (ppmvd)**  **(@ 7%** O 2 **) (@ 7% O2)**  Alkali Bypass Qab 38,233 Cab 56 Determined through test 24 Coal Mill Qcm 57,349 Ccm 56 Determined through test Kiln Stack Qks 286,746 Cks ? Flow rate monitored by CMS With the simplified equation provided above, the THC value that must not be exceeded in the kiln stack (verified with CEMS) is determined as follows:

≤ 24 (38,233 + 57, 349 + 286, 746)

− (38,233 56)

− (57, 349 56) 286, 746
Using the equation above, Cks is less than or equal to 13.3 ppmvd @ 7 percent O 2 . This value would be monitored byInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 101 of 247 a CEMS in order to demonstrate compliance with the NESHAP limit

– i.e to demonstrate that the summed values are less than or equal to the standard of 24 ppmvd. The pr oposal for THC and HCl is thus essentially the same as that for mercury (except that limits are concentration based as opposed to production
- normalized
mass based ): the flow
-weighted averages of THC and HCl must be less than or equal to the subpart LLL NES HAP. The kiln stack emissions are measured by a CEMS (for THC) or by other applicable means (for HCl). The flow
-weighted contributions from other sources (the alkali bypass and the kiln exhaust diverted to the coal mill) are assessed by annual testing and applied continuously with flow being measured continuously (explained further in the next paragraph). As noted above, te sting of the kiln exhaust diverted to the coal mill would be conducted upstream of the coal mill for THC and HCl so that only the kiln exhaust contribution is assessed.

To monitor compliance continuously, we are proposing that gas flow rate from the coal mill be monitored continuously. This flow rate measured during the annual performance test would be the maximum flow rateInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 102 of 247 allowed durin g the year. If a higher flow rate is observed, the owner/operator would have to retest THC and HCl to obtain a new flow
-weighted concentration which would be summed with the kiln main stack THC or HCl concentration to determine whether the kiln is still in compliance. Because of this requirement, the owner/operator should perform their test at a flow rate that would cover the range of conditions expected. 3 . PM. As explained above, in the situation where a cement kiln diverts some exhaust to an integrated coal mill, the coal mill would have to meet the subpart Y standards, and the kiln would have to meet the subpart LLL NESHAP standard but would not have to account for the diverted exhaust in doing so. In all other situations, PM contribution from a coal mill (or from an alkali bypass) would be accounted for via the equation discussed in section J above. If the alkali bypass discharges separately, it would have to sum its PM emissions with those from the main stack and the summed emissions would have to be less than or equal to the subpart LLL NESHAP standard for PM.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 103 of 247 As a result of this proposed revision, we are also proposing a revised definition of “kiln” to clarify that coal mills using kiln exhaust gases in their operation are considered to be an integral part of the kiln (and hence subject to these standards). We are also proposing a definition for “in
- line coal mill” for those coal mills using kiln exhaust gases in their process. The proposed definition would exclude coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler. M . PM S tandard for Modified S ources Under the NSPS The EPA adopted the level of the new source standard under the NESHAP as the NSPS f o r both new and modified kilns and clinker coolers . See 75 FR at 54996. As the PCA noted in its reconsideration petition, there need not be functional equivalence between the NESHAP and NSPS PM limits for modified kilns and clinker coolers . The PCA also noted that the NSPS for modified kilns and clinker coolers could have associated costs which need to be accounted for pursuant to CAA section 111(a)(1). Since such kilns and clinker coolers would not be subject to the section 112(d) new source standard, any costs for such modified kilns andInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 104 of 247 clinker coolers to control PM to the new source limit could not be attributed to the section 112(d) new source limit. In addition, the PCA noted that existing Portland cement kilns cannot be assumed to find ways to avoid triggering the NSPS modification criteria when making physical or operational changes due to the stringency of the newly adopted standards for PM. The EPA believes that the PCA’s arguments on this point have merit. Under the September 2010 final NESHAP, existing kilns and clinker coolers are subje ct to the PM limit of 0.04 lb/ton clinker. If the kiln or clinker cooler undergoes modification, it would continue to be subject to 0.04 lb/ton limit, but would now be subject as well to the NSPS limit of 0.01 lb/ton clinker. Notwithstanding that there are independent justifications under section 111 that could justify this result (see PCA v. EPA , 665 F 3d at 190
- 91), the EPA believes, subject to consideration of comment, that it is more appropriate for modified kilns and clinker coolers to meet the NESHAP PM limit for existing sources. We are proposing that existing kilns and clinker coolers that are subject to the NESHAP existing source emissions limit would continue to be subject to that limit and not toInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 105 of 247 the more stringent limit for new sources under the NSPS. This would be a limit of 0.07 lb per ton clinker , three
- run average based on Method 5 stack testing as explained in section D above . The parametric monitoring using a CPMS would likewise apply , as would the requirement of annual stack tests. We have justified the PM standard for modified kilns and clinker coolers under section 111 and need not repeat that rationale here . See PCA v. EPA , 655 F. 3d at 190
- 91. This analysis continues to apply when the standards are based on stack tests rather than CEMS and no longer use a 30
- day averaging period. The EPA also finds that the costs of meeting the incrementally more stringent proposed new source limit of 0.02 lb/ton clinker (three

- run average) are not justified for modified kilns and clinker coolers . For an existing kiln to reduce emissions from 0.07 to 0.02 lb/ton clinker would result in a modest reduction in PM emissions at a cost of more than $21,000 per ton of PM reduced (the extra cost being attributable to more frequent replacement of bags) and greater still if sources are able to comply with the proposed limit by using controls other than a fabric filter or different types of fabric filters.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 106 of 247 N . Proposed NESHAP C ompliance Date E xtension for E xisting S ources Under section 112 (i)(a)(3) of the Ac t, the EPA may reset compliance dates for section 112 (d) emission standards if **EPA** amends the standards themselves (as opposed to amending some ancillary feature of the standards relating to implementation) . See NRDC v. EPA , 489 F. 3d 1364, 1373
- 74 (D.C. Cir. 2007) . Such a resetting would be appropriate if the standards are changed in such a way as to warrant more time for compliance, either to develop necessary controls or to otherwise significantly alter control strategy. Cf. PCA v. EPA , 655 F. 3d at 18 9. (staying NESHAP standards for clinker piles because “the standards could likely change substantially. Thus, industry should not have to build expensive new containment structures until the standard is finally determined”) . EPA believes that may be the c ase here. Subject to consideration of public comment, the proposed amendments to the PM standard could significantly alter compliance strategies for all of the regulated HAP . The EPA is accordingly proposing that the compliance date for the PM, THC, mercur y, and HCl standards for existing sources forInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 107 of 247 kilns, clinker coolers, and raw material dryers be extended until September 10, 2015, a 2
- year extension of the current compliance date. 11 We believe that this date would require compliance “as expeditiously as practicable” as required by section 112 (i)(3)(A) of the Act . 12 The EPA is proposing to amend the standards for PM, changing the compliance regime from CEMS
-based to stack
test based, changing the averaging time for compliance, and changing the level of the standard . These proposed changes, in and of themselves, may occasion the need for additional time to study the possibility of different control strategies than are available under the 2010 final rule . **T he**  EPA believes that different compliance strategies may now be available . The 2010 PM standard is achievable but requires the most advanced fabric filters, membrane bags, frequent bag replacement and other aggressive

11 **This date would be approximately two years and 10 months from the**  **December 20, 2012 signature date for final action called for in the draft settlement agreement between EPA and PCA. See 77 FR 27055 (May**  **8, 2012).** 12 If EPA were to adopt a THC standard of 15 ppmv (see s ection III.C.2 above), an extension of three years **from the current compliance date**  would be needed since many kilns' control strategies for organics controlled would be fundamentally altered."Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 108 of 247 maintenance . See Docket item EPA
- HQ - OAR- 2002
- 0051
- 3438 . The proposed standard of 0.07 lb/ton of clinker (3

- run stack test) may be achievable by other means . Potential compliance strategies include use of electrostatic precipitator s ( ESP ) (or an ESP with a polishing baghouse or cyclone), or using a different type of baghouse . Baghouses could, for example, be sized smaller, could use cloth rather than membrane bags, or could use other variants (see PCA letter, The Impact of a Change in the Cement NESHAP PM Limit on Compliance Strategies and Schedules, April 9, 2012 . s ee also PCA letter, Implications of Altered Particulate Matter Limit on PCA Technology Analysis, May 24, 2012 ) . The proposed change in the PM limit may also allow some sources to comply using their existing PM control device. As a result, they may be able to cancel a planned upgrade to membrane fabric filters or a replacement of their existing device with a new one. The PM standard also applies to clinker coolers, and sources may be able to meet the 0.07 lb/ton clinker standard with an existing control device for a clinker cooler . See Portland Cement Association, The Impact of a Change in the Cement NESHAP PM limit on Compliance Strategies and Schedules, April 9,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 109 of 247 2012 ; and PCA letter, Implications of Altered Particulate Matter Limit on PCA Technology Analysis, May 24, 2012. We note that in the database for the 2010 standards, s ix cement kilns with ESP s already were meeting the 0.07 lb/ton clinker standard for PM which we are proposing here. . See Portland Cement Reconsideration TSD , Section 9 . However, no ESP vendor will gua rantee being able to meet the 2010 PM limit (see Docket item, “Summary Discussion, Lodge Cottrell, 04/30/12.) The proposal to amend the standard for PM has implications for all of the standards, not just those for PM . The standards for mercury, HCl and THC all rely (or may rely) on control strategies involving injection and removal of added particulates, whether in the form of activated carbon, or dry or wet sorbent injectant. See Docket item EPA- HQ - OAR- 2002
- 0051
- 3438, section 2. A change in the PM standard thus affects these collateral PM control strategies as well . For example, it may be possible for a single PM control device to meet the proposed 0 .07 lb/ton clinker standard and also control the auxiliary PM collected from control of the other HAP , making polishingInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 110 of 247 filters unnecessary. 13 Conversely, a central baghouse to meet a 0 .07 lb/ton clinker standard may be sized smaller, but this may necessitate adding polishing filters to capture PM from control of the other HAP . New compliance strategies require time to implement . New engineering studies are needed, potential suppliers identified , a new bidding/procurement process undertaken , and the appropriate construction and operating permits obtained. Significant plant redesign, in the form of new duc twork and new fan design, and changes in the main control equipment may be needed . See US EPA, Engineering and Economic Factors Affecting the Installation of Control Technologies for Multipollutant Strategies, October 2002. Depending on the type of control, this normally requires 15
- 27 months. Multiple control systems will take longer. Id.. Installation of c ontrols at cement kilns normally occurs during winter months (to coincide with kiln outages during low production seasons) . Putting this together, it tentatively appears that summer of 2015 would be an

13 EPA did not believe this possible under the 2010 PM standard, and costed polishing filters in all instances. See EPA- HQ - OAR- 2002
- 0051
- 3438.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 111 of 247 expeditious compliance date , and EPA is proposing to extend the existing source compliance date until September 9, 201 5 . . EPA also solicits commen t on a shorter extension. The industry here is not starting from scratch . There should be on
- going planning to meet the standards promulgated in 2010 which could shorten the time needed to come into compliance with these revised standards. Moreover, as explained below, we calculate that sources will need to design controls to meet virtually the same average performance for PM under the proposed standard of 0.07 lb/ton clinker (Method 5) as they would under the promulgated standard of 0.04 lb /ton clinker (30

- day average). Again, this could dovetail with on
- going compliance efforts and shorten the time needed to come into compliance with a revised standard. Consequently, the EPA solicits comment on a compliance extension until September, 2014 (one year from the current compliance date). This type of extension would recognize that additional time for compliance is needed, and accommodate cement kilns’ operating cycle (leaving winter months for control equipment deployment), but recognize that the industry isInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 112 of 247 not starting from scratch. Commenters should take into account that individual sources could still apply to permit writers for an additional extension of one year under section 112 (i)(3)(B) in instances where it is not possible to install control equipment within the specified period. EPA provisionally believes that an extension until at least September, 2014 is warranted, but also solicits comment on potential compliance dates between one and two years from the present compliance date. Notwithstanding that we believe that the proposed PM standard may create new and lower cost opportunities for compliance, we believe the overall emission reductions from the standard to be roughly the same (except for the delayed compliance date noted below) . We believe that sources will still need to design to meet essentially the same daily average as they would under the 2010 standard . That is, sources do not design to meet a standard, but rather to meet a level comfortably lower . **They do so in order** t o provide a compliance margin on those days where emissions rise due to inherent and uncontrollable variability . See Docket item EPA
- HQ - OAR- 2002
- 0051
- 3438, section 2. The difference is too small to be reliably quantified. We haveInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 113 of 247 recalculated a design value (i.e. the level to which kilns would design to meet the existing source standard) under the proposal . The calculated design value , which reflects the average PM emi ssions from the sources used to establish the floor in this proposed rule, would be 0.02655 lb/ton clinker vs. a calculated design value of 0.02296 lb/ton clinker under the final rule. See Portland Cement Reconsideration T echni cal S upport Document sect i on 9 . These calculations are not so precise as to reliably predict to the third decimal point to the right of zero, so this difference should be viewed as suggesting a directional difference in the standards. Viewed as a type of bounding, directional diffe rence, the difference in design values would be approximately 1.7 percent.

**Table 5**  **Comparison of nationwide PM emissions from**  **2010 rule to this proposed rule (TSD, section**  **9 )** 

2010 rule Proposed rule Increment Emissions limit (lb/ton clinker 0.04 30
- day average 0.07 average of

three one
- hour stack tests NA MACT average emissions for compliance (lb/ton clinker 0.02296 0.02655 0.00359

2010 baseline emissions (tons/yr) 10,326 10,326 NA Nationwide emissions reduction (tons/yr) 9 , 489 9,354
- 135Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 114 of 247 Under the proposed revisions, full compliance would be delayed 2 years until September, 2015 , which would also postpone the costs and benefits associated with full compliance by that length of time . However, because facilities will begin installing or retrofitting controls prior to the full compliance date, the full benefits and costs would be phased
- in over 2 years with the full benefits and costs realized by 2015. Nonetheless, total annual reducti ons listed in Table 5 above would occur 2 years later than the original compliance date under today’s proposal . With respect to compliance dates for open clinker piles, we believe that the standards we have proposed reflect control technologies which are either currently used or which can be implemented rapidly . We are , therefore , proposing that the standards apply within 6 months of promulgation (i.e. earlier than the present compliance date of September, 2013). For piles that come into existence after that date, the standards would apply immediately. The EPA also believes that the proposed standards for startup and shutdown do not require significant lead timeInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 115 of 247 and is proposing that these standards also take effect within 6 months of promulgation. O . Eli gibility to be a New Source EPA is not proposing a new date for new source eligibility. Thus, a source which commenced construction, modification , o r reconstruction after May 6, 2009 would remain subject to the new source standard. The basic
reason for not proposing to alter the new source eligibility date is that we believe new sources must use the identical control strategies under the 2010 promulgated new source standards as they would under the proposed new source standard. We explain this furthe r below. The EPA views the new source compliance date trigger to be the date the rulemaking record under which a standard is developed is proposed . See 74 FR at 21158 . ( This interpretation was not challenged in the underlying rulemaking and the EPA is no t reopening it here, but rather is applying it . ) Here the key record information is what new sources would need to do to comply and whether there is any change. It is EPA’s initial technical judgment that new sources would have to adopt the same control s trategy

– use of the same size fabric filter with membrane bags
-- underInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 116 of 247 an amended standard of 0.02 lb/ton clinker (stack test) as they would under the promulgated standard of 0.01 lb/ton clinker (30
- day average). A standard of 0.02 lb/ton clinker (stack test) remains very stringent and cannot be met (in EPA’s view) without using appropriately optimized baghouses and membrane bags. If this is correct (and EPA solicits comment on the issue), then new sources would not need additional time and would follow through on their present control strategies. We also have performed the same type of analysis regarding the design value to which new sources would need to design under this proposal , reflecting the average performance of the best performing similar sour ce . We believe that there would be no change, corroborating our engineering judgment that new sources will adopt the same control strategy under the proposed standard as under the promulgated standard . See Portland Cement Reconsideration Technical Support Document section 9 Consequently, EPA is not proposing to alter the new source eligibility date of May 6, 2009. 14 .

14 For the same reasons, EPA is not proposing to change the new source trigger date under the section 111 NSPS. That date consequently wouldInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 117 of 247 **IV. Other Proposed Testing and Monitoring Revisions** Following the September 2010 promulgation of the final rule, we found the following errors and omissions in the testing and monitoring provisions and are proposing to correct them.

 Equations for calculating rolling operating day emissions rates.

 Definition or procedure s that include extraneous wording.

 Incorrect units in equations.

 Cross references and typographical errors in the rule. We are proposing revisions that will clarify that data collected as part of relative accuracy test audits and performance tests are to be submitted to the EPA using their Electronic Reporting Tool. For sourc es that are required to monitor HCl emissions with a CEMS, we are revising the requirements for using HCl CEMS to define the span value for this source category, to include QA measures

remain June 16, 2008 for sources t hat commence construction, modification, or reconstruction after that date.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 118 of 247 for data collected under "mill off" conditions, and to clarify use of PS 15. The EPA is also proposing minor, non
substantive changes to the provisions listed below. These changes are largely for ease of readability or clarity, and do not reop en, reassess or otherwise reconsider these provisions’ substance. The minor editorial and clarifying changes were made in the following sections and paragraphs:

 Section 60.62(a)(3) and (4), and (d).

 Section 60.63(b)(1)(i) and (ii), (b)(2), (f)(1), (2) (4 ), (5) , (h)(1) and (6) through (9), (i).

 Section 60.64(b)(2).

 Section 60.66.

 Section 63.1340(b)(6) through (8).

 Section 63.1344 and 63.1344(a).

 Section 63.1346(a) and (c) through (e).

 Section 63.1348(a)(2), (3)(i) through (iii), (a)(4)(i)(A), (a)(4)(ii) and (iv).

 Section 63.1348(b)(1)(i), (iii) and (iv).Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 119 of 247

 Section 63.1348(b)(3), (5), (6)(i), (8) and (c)(2)(iv).

 Section 63.1349(a), (b)(1)(ii), (b)(3), (d)(1) and (d)( 2) and (e).

 Section 63.1350(a), (d)(1)(i) and (ii), (f), (f)(2)(i) and (iii), (f)(3), (f)(4), (g)(1) and (2), (k), (k)(4) and (5), (m)(10) and (11), (o) and (p).

 Section 63.1352(b).

 Section 63.1354(c).

 Section 63.1356. **V. Other Changes and Areas Where We Are Requesting Comment** We are also proposing amendments to clarify various
re quirements in th is proposed rule including issues of applicability, treatment of multiple sources that vent to a single stack, third party certification, definitions, startup/shutdown, malfunctions and use of bag leak detection systems when PM CPMS are in use. We are also proposing to revise the definition of raw material dryer to clarify that they may be used for removing the moisture from materials other than kiln feed.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 120 of 247 The EPA is proposing to amend 63.1354 (c) for reporting startup, shutdown and malfunct ions when sources fail to meet a standard. We are proposing language that requires sources that deviate from a standard during startup, shutdown or malfunction to report the information concerning such events in semi
- annual compliance reports . We are propo sing that the report must contain the number, duration, and cause of such events (including unknown cause, if applicable), list the affected source or equipment, the date and time that each event started and stopped, an estimate of the volume of each regul ated pollutant emitted over the emission limit for which the source failed to meet a standard, and a description of the method used to estimate the emissions . We note that while malfunction events may also be reported under provisions related to assertion of an affirmative defense, this separate malfunction reporting requirement is not redundant of the affirmative defense reporting requirement because reporting of malfunctions under the affi rmative defense is not mandatory and would occur only if a source chooses to take advantage of the affirmative defense.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 121 of 247 Changes to recordkeeping requirements. The EPA is also proposing to amend s **ection** 63.1355 (f) for recordkeeping for events of startup and shutdown. Currently (f) requires a record of the occurrence and duration of each startup or shutdown . The EPA is proposing to refine this requirement based on the requirements applicable during periods of startup and shutdown. Given that some affected sources under subpart LLL are subject to a different standard during startup and shutdown, it will be important to know when such startup and shutdown periods begin and end in order to determine compliance with the appropriate standard . Thus, the EPA is p roposing to require that affected sources subject to emission standard s during startup or shutdown that differs from the emission standard that applies at all other times (i.e., Hg and PM) must record the occurrence and duration of such periods. The EPA is also proposing to add a requirement that sources record an estimate of the volume of emissions over the standard if the affected source fails to meet a standard during either startup or shutdown, and record the estimating technique. The EPA is also prop osing to amend (g)(1) to obtain similar information on malfunction events. Currently thisInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 122 of 247 paragraph requires the creation and retention of a record of the occurrence and duration of each malfunction of process, air pollution control and monitoring equipmen t. The EPA is proposing that this requirement apply only to malfunctions that cause a failure to meet an applicable standard and is requiring that the source record date and time of the malfunction rather than “occurrence.” The EPA is also proposing to add to (g) the requirement that sources keep records that include a list of the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet a standard, and a description of the method used to estimate the emissions . The EPA is proposing to require that sources keep records of this information to ensure that there is adequate information to determine compliance during malfunction events, to allow the EPA to determine the sever ity of the failure to meet the standard, and to provide data that may document how the source met the general duty to minimize emissions during recorded malfunction events . **VI. Summary of Cost, Environmental, Energy and Economic Impacts of Proposed Amend**  **ments**Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 123 of 247 A . What are the affected sources ? **As noted in the promulgated rule, EPA estimates that** by 2013 there will be 100 Portland cement manufacturing facilities located in the U.S. and Puerto Rico that are expected to be affected by that rule, and, **that** approximately 5 of those facilities are complete new greenfield facilities. All these facilities will operate 158 cement kilns and associated clinker coolers. Of these kilns, 24 are CISWI kilns and have been removed from our data set used to establish exis ting source floors . Based on capacity expansion data provided by the PCA , by 2013 there will be 16 kilns and their associated clinker coolers subject to NESHAP new source emission limits for mercury, HCl and THC, and seven kilns and clinker coolers subject to the amended NSPS for NOx and SO 2 . Some of these new kilns will be built at existing facilities and some at new greenfield facilities. B . How are the impacts for this proposal evaluated ? For these proposed amendments, we determined whether additional control measures, work practices and monitoring requirements would be required by cement manufacturing facilities to comply with the proposed amendments. For anyInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 124 of 247 additional control measure, work practice or monitoring requirement we determined the associat ed capital and annualized cost that would be incurred by facilities required to implement the measures. Finally, we considered the extent to which any facility in the industry would find it necessary to implement the additional measures in order to comply with the proposed amendments. Using this approach, we assessed potential impacts from the proposed revisions. These proposed amendments affect the 2010 rule and are expected to result in lower costs for the Portland cement industry. We are evaluating the impacts of these proposed amendments relative to the impacts estimated for the 2010 final rule. As explained in section N above, the proposed amendment to the PM standard affords alternative compliance opportunities for existing sources which are less costl y. These could be utilizing existing PM control devices rather than replacing them (for example, retaining an ESP or a smaller baghouse), or supplementing existing PM control rather than replacing it (putting polishing controls ahead of the primary PM cont rol device). Compliance strategies for the other HAPs, all of which involve some element of PMInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 125 of 247 control, also may be affected. Cost savings from these alternatives could be significant. For example, we have performed a case study from the data set used in the 2010 impacts analysis. Under the proposed rule, an estimated 21 ESP - equipped kilns no longer need to install membrane bags on a downstream polishing FF, and one FF retain their standard fabric bags rather than replacing them with membrane bags . The difference in annual cost for PM control under the proposal scenario and the more stringent 2010 scenario is $4. 2 million per year . That is, under the proposed rule, the annual cost of compliance will be $4. 2 million less than under the 2010 rule under this scenario (see Portland Cement Reconsidertion Technical Support Document, section 9 ) . EPA is not presently able to further quantify potential costs of the proposed changes to the emission standards. This is because the Agency lacks the site
- specific information necessary to make the engineering determinations as to how individual sources may choose to comply. There are also certain costs, and cost savings, associated with other aspects of the proposal. There may be a minor differenc e in costs of stack testing for PM and use of a CPMS, rather than use of a PM CEMS. However,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 126 of 247 since the PM CEMS would be calibrated based on stack testing, and the CPMS is the same type of device as a PM CEMS, EPA does not believe there is any significant cost difference between these provisions. The proposed revisions to the alternative organic HAP standard (from 9 ppm to 12 ppm , reflecting the analytic method practical quantitation limit ) would not require additional controls or monitoring. EPA accordingly does not estimate that there would be any cost (or emission reduction benefit) associated with this proposal. The proposed revisions for open clinker storage piles codify current fugitive dust control measures already required by most states, thus no impacts are expected . These proposed standards would be significantly less expensive than the controls for open piles in the 2010 final rule, which required enclosures. Although we are reproposing the affirmative defense provisio ns, impacts were not accounted for in the 2010 rulemaking. Thus we have estimated the additional industry burden associated with the affirmative defense provisions. We estimate the additional cost is $3,142 per year for the entire industry . See Supporting Statement in the Docket.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 127 of 247 One of the proposed revisions would allow sources that control acid gases, including HCl, with dry caustic scrubbers to use periodic performance testing and parameter monitoring rather than with HCl CEMS. This will provide those sources with additional flexibility in complying with the HCl standards. The proposed revision to the alternative PM emissions limit provisions merely recognizes **that** sources other than the clinker cooler may combine their
exhaust with the kiln exhaust gas and corrects the equation for calculating the alternative limit. Therefore, there should be no impacts from this proposed revision. The proposal to use recordkeeping as the monitoring mechanism for the startup and shutdown s tandards should also result in cost savings because facilities in the industry already keep records on feed and fuel usage and they will not have to install and operate CEMS for these periods. CEMS for monitoring all HAP or HAP surrogates could cost each f acility $ 569 ,000 in capital cost and annualized costs of $ 198 ,000. See EPA- HQ - OAR- 2002
- 0051
- 3438. The proposed revisions for new testing and monitoring of coal mills that use kiln exhaust gases to dry coal and exhaust through a separate stack are not expected to haveInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 128 of 247 significant impacts . The proposed revision would make existing kilns that undergo a modification, as defined by NSPS, subject to the NESHAP PM standard for existing source rather than the PM limit for new sources. This proposed revision is correcting an inadvertent conflict between the two rules and will not result in any impacts. C . What are the air quality impacts ? In the proposed amendments, emission limits for mercury, THC and HCl are unchanged from the 2010 rule. Thus , we expect no change in emissions from the 2010 rule for these HAP and HAP surrogates . The alternative HAP organic standard would be amended to 12 ppm, but as this reflects the practical quantitative limit of detection, it is not clear if additional emissions are associat ed with the proposed standard since a lower standard would not be measured reliably. For PM, the limit for existing sources would change from 0.04 lb/ton clinker to 0.07 lb/ton clinker. The PM limit for new sources also would be changed to 0.02 lb /ton clinker from 0.01 lb/ton clinker. The standard would be measured on a 3
- run basis rather than on a 30
- day basis with a CEMS . The proposed changes in the PM standards,Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 1 29 of 247 while not considered significant in absolute terms , may result in a small increase i n total nationwide emissions by allowing slightly more variability, although we estimate that design values will be essentially identical under the 2010 and proposed standard. See section III.N above. As explained in the impacts analysis for the 2010 rule (see Docket item EPA
- HQ - OAR- 2002
- 0051
- 3438), emission reductions were estimated by comparing baseline emissions to the l ong term average emissions of the MACT floor kilns. The average emissions , rather than the emissions limit, must be used because to comply with the limit all or most of the time, emissions need to be reduced to the average of the MACT floor kilns. Under the 2010 rule, the average PM emissions from the existing floor kilns were 0.02296 lb/ton clinker. Under the reconsideration, the average PM emissions of the existing floor kilns is calculated to be 0.02655 lb/ton clinker although, as noted, this difference is less than the normal analytic variability in PM measurement methods
and so must be viewed as directional rather than precisely quantitative . The average emissions for new kilns did not change and we believe new sources will have to adopt identical control strategies as under the promulgatedInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 130 of 247 standards. We therefore are not estimating an emission increase from new kilns. For existing kilns, w ith an increase in PM emissions under the proposed rule of 0.00359 lb/ton clinker compared to the 2010 rule, nationwide emissions of PM would increase by 135 tons per year (0.00359 X 75,3 55,116 /2000). Thus, EPA estimates that the main effect of the proposed rule for PM will be to provide flexibility for those days when emissions increase as a result of normal operating variability , but would not significantly alter long
- term average performance for PM . Emission reductions under the 2010 rule and the proposed rule are compared in Table 6 . Table 6 . Comparison of nationwide PM emissions from 2010 rule to proposed rule Kiln type 2010

rule Proposed

rule Increment Emissions limit (lb /ton clinker Existing 0.04 00 (30
- day average with a CEMS) 0.07 (3
-

run stack test) NA

MACT average emissions for compliance (lb/ton clinker Existing 0.02296 0.02655 0.00359

2010 baseline emissions (tons/yr) 10,326 10,326 NA Nationwide emissions reduction (tons/yr) Total 9 , 489 9,354
- 135Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 131 of 247 Under the proposed revisions, compliance would be delayed 2 years with the result that emission reductions would also be delayed 2 years. Thus, reductions of 18,642 tons annually of PM would be delayed until the compliance date of September 2015. Delayed compliance would also delay emissions reductions of mercury (16 tons), THC (20,500 tons) and HCl (9, 400 tons) over a two year period . However, as facilities begin installing or retrofitting controls, we believe this number would continually be reduced as the compliance date approaches. D . What are the water quality impacts ? None of the amendments being proposed will have significant impacts on water quality. To the extent that the proposed revision affecting dry caustic scrubbers encourages their use, some reduction in water consumption may occur although we have no informati on upon which to base an estimate. E . What are the solid waste impacts ? None of the amendments being proposed today are expected to have any solid waste impacts. F . What are the secondary impacts ?Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 132 of 247 Indirect or secondary air quality impacts include impacts that will result from the increased electricity usage associated with the operation of control devices as well as water quality and solid waste impacts (which were just discussed) that will occur as a result of these proposed revisions. Because we are proposing revisions that reduce the stringency of the **existing source** emission limits PM from the promulgated 2010 limits, we believe that some facilities may be able to alter their strategy for complyi ng with the standards for the four pollutants to achieve compliance at a lower cost than possible under the original standard. These types of determinations will be made for each facility based on site
- specific characteristics such as process type, equipme nt age, existing air pollution controls, raw material and fuel characteristics, economic factors and others. Therefore, we are not able to reliably predict secondary impacts for individual facilities or for the industry as a whole . G . What are the energy impacts ? As discussed in the preceding section, because of the proposed revisions to the PM emission limits, some facilities may be able to develop more cost effectiveInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 133 of 247 compliance strategies. However, we cannot accurately predict the extent to which these s ite
- specific compliance strategies may increase or decrease energy demands. H . What are the cost impacts ? Under the cost scenario discussed above, we estimate that there could be savings in the millions of dollars associated with alternative compliance st rategies for meeting amended PM standards and making corresponding adjustments in compliance strategies for the other HAP. The proposed revisions would require sources with integral coal mills that exhaust through a separate exhaust to install a continuous flow meter as part of the proposed requirement to monitor mercury emissions. The capital cost of flow meters are $36,000. The annualized cost of a flow meter is $14,000. We do not have information on the number of such coal mills in the industry that woul d allow us to calculate nationwide costs. We also estimate that there will be a
one - time cost of $25,000 for each facility to develop the calculation that will allow them to demonstrate compliance during periods of startup and shutdown. With the proposed
change to PM CPMS instead of CEMS, it is estimated that theInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 134 of 247 elimination of the PS correlation tests will result in a savings of $ 60,000 per kiln. **VII .**  **Statutory and Executive Order Reviews** A . Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action" because it raises novel legal or policy issues. Accordingly, the EPA submitted this action to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,2011) and any changes made in response to OMB recommendations have been documented in the docket for this action. A Regulatory Impact Analysis (RIA) was prepared for the September 2010 final rule and can be found at: http://www.epa.gov/ttn/ecas/regdata/RIAs/portlandcementfina lria.pdf . The benefits, cost, and economic analysis for the first year of full compliance for the 2010 final rule are expected to be little changed for the first year of full compliance for this action.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 135 of 247 B . Paperwork Reduction Act The information collection requ irements in this proposed rule have been submitted for approval to the OMB under the Paperwork Reduction Act , 44 U.S.C. 3501 et seq . The Information Collection Request (ICR) document prepared by the EPA has been assigned the EPA ICR number ____. The information requirements are based on notification, recordkeeping, and reporting requirements in the NESHAP General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emissions standards. These recordkeeping and rep orting requirements are specifically authorized by CAA section 114 (42 U.S.C. 7414). All information submitted to the EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to agen cy policies set forth in 40 CFR part 2, subpart B. We are proposing new paperwork requirements for the Portland Cement Manufacturing source category in the form of a requirement to incorporate fugitive dust control measures for clinker piles into their exi sting operations and maintenance plan. We are also proposing to useInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 136 of 247 recordkeeping as the means of monitoring compliance with the startup and shutdown standards. For this proposed rule, the EPA is also proposing to add an affirmative defense to the estimate of burden in the ICR. To provide the public with an estimate of the relative magnitude of the burden associated with an assertion of the affirmative defense position adopted by a source, the EPA has provided administrative adjustments to this ICR to show what the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense might entail. The EPA’s estimate for the required notification, reports and records for any individual incident, including the root cau se analysis, totals $3, 14 2 and is based on the time and effort required of a source to review relevant data, interview plant employees, and document the events surrounding a malfunction that has caused an exceedance of an emissions limit. The estimate also includes time to produce and retain the record and reports for submission to the EPA. The EPA provides this illustrative estimate of this burden because these costs are only incurred if there has been aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 137 of 247 violation and a source chooses to take advantage of the affirmative defense. Given the variety of circumstances under which malfunctions could occur, as well as differences among sources' operation and maintenance practices, we cannot reliably predict the severity and frequency of malfunction
related excess emissions events for a p articular source. It is important to note that the EPA has no basis currently for estimating the number of malfunctions that would qualify for an affirmative defense. Current historical records would be an inappropriate basis, as source owners or operators previously operated their facilities in recognition that they were exempt from the requirement to comply with emissions standards during malfunctions. Of the number of excess emissions events reported by source operators, only a small number would be expe cted to result from a malfunction (based on the definition above), and only a subset of excess emissions caused by malfunctions would result in the source choosing to assert the affirmative defense. Thus we believe the number of instances in which source operators might be expected toInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 138 of 247 avail themselves of the affirmative defense will be extremely small. With respect to the Portland Cement Manufacturing source category, the emissions controls are operational before the associated emission source(s) commence operation and remain operational until after the associated emission source(s) cease operation. Also, production operations would not proceed or continue if there is a malfunction of a control device and the time required to shut down production operations (i.e., on the order of a few hours or a day) is small compared to the averaging time of the emission standards (i.e., monthly averages). Thus, we believe it is unlikely that a control device malfunction would cause an exceedance of any emission limit. Ther efore, sources within this source category are not expected to have any need or use for the affirmative defense and we believe that there is no burden to the industry for the affirmative defense provisions in the proposed rule. We expect to gather informat ion on such events in the future and will revise this estimate as better information becomes available. We estimate 86 regulated entities are currently subject to subpart LLL and will be subject to allInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 139 of 247 proposed standards. The annual monitoring, reporting, and recordkeeping burden for this collection (averaged over the first 3 years after the effective date of the standards) for these amendments to subpart LLL is estimated to be $ 352,814 per year. This includes 496 labor hours per year at a total labor cost of $ 47,806 per year, and total non
labor capital and operation and maintenance costs of $ 305,008 per year. This estimate includes reporting and recordkeeping associated with the proposed requirements for startup and shutdown and outdoor clinker piles. The total burden for the f ederal government (averaged over the first 3 years after the effective date of the standard) is estimated to be 263 hours per year at a total labor cost of $ 11,885 per year. Burden is defined at 5 CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. To comment on the age ncy's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, the EPAInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 140 of 247 has established a public docket for this proposed rule, which includes this ICR, under Docket ID number EPA
- HQ - OAR2011
- 0817. Submit any comments related to the ICR to the EPA and OMB. See the ADDRESSES section at the beginning of this notice for where to submit comments to the EPA. Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after **[ INSERT THE DATE OF**  **PUBLICATION IN THE FEDERAL REGISTER ]**  , a comment to OMB is best assured of having its full effect if OMB receives it by **[ INSERT THE DATE 30 DAYS AFTER THE DATE OF PUBLICATION**  **IN THE FEDERAL REGISTER ]**  . The final rule will respond to any OMB or public comments on the information collection requ irements contained in this proposal. C . Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administ rative Procedure Act or any other statute unless the agency certifies that the rule will not have aInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 141 of 247 significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impact of this rule on small entities, small entity is defined as: (1) a small business whose parent company has no more than 750 employees depen ding on the size definition for the affected NAICS code, as defin ed by the Small Business Administration (SBA) size standards; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that i s any not - for
profit enterprise which is independently owned and operated and is not dominant in its field. We estimate that 3 of the 26 existing Portland cement entities are small entities. After considering the economic impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. Of the three affected small entities, all are expected to incur an annual compliance cost of less than 1.0 percent of sales to comply with this rule (reflecting potential controls onInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 142 of 247 piles, which are likely to have lower cost when compared to the 2010 rule requirements because these plants already have requirements for control of piles in their Title V permits). Although this proposed rule will not have a significant economic impact on a substantial number of small entities, the EPA nonetheless has tried to reduce the impact of this proposed rule on small entities. For example, we are proposing to expand the provision that allows periodic HCl performance tests as an alternative to CEMS for sources equipped with wet scrubbers to also apply to those sources that use dry sorbent injection. Th is proposed rule would add an option for sources using wet or dry scrubbers for HCl control th at also use a CEMS for SO 2 . These sources would now have the option of using their SO 2 CEMS in conjunction with a periodic stack test to demonstrate compliance with the HCl standard. We continue to be interested in the potential impacts of the proposed rul e on small entities and welcome comments on issues related to such impacts. D . Unfunded Mandates Reform ActInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 143 of 247 This action does not contain a federal mandate under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531
- 1538 for State, local, or tribal governments or the private sector. The action imposes no enforceable duties on any s tate, local or tribal governments or the private sector. Thus, this action is not subject to the requirements of sections 202 or 205 of the UMRA. This proposed rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments nor does it impose obligations upon them. E . Executive Order 13132: Federalism This proposed action does not have federalism implicat ions. It will not have substantial direct effects on the s tates, on the relationship between the national government and the s tates, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Orde r 13132. None of the affected facilities are owned or operated by StateInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 144 of 247 governments. Thus, Executive Order 13132 does not apply to this action . In the spirit of Executive Order 13132, and consistent with the EPA policy to promote communications between the EPA and s tate and local governments, the EPA specifically solicits comment on this proposed action from s tate and local officials . F . Executive Order 13175: Consultation and Coordination with Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). Under the provisions of this proposed rule, there may be an increase in mercury emissions and metal HAP emissions although any increase wi ll be minimal because the same control technology that is necessary under the current NESHAP will be needed to meet the proposed emissions limits. The more stringent limitations of fugitive dust emissions from open clinker piles may result in decreased ris k to Indian tribal populations. Thus, Executive Order 13175 does not apply to this action. The EPA specifically solicits additional comment on this proposed action from tribal officials.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 145 of 247 G . Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5
- 501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it is based solely on technology performance. H . Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposed action is not a “significant energy action” as defined in Executive Order 13211 (66 FR 28355 (May 22,2001)), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The proposed amendments do not require the use of additional controls as compared to the 2010 rule and may allow the industry to reduce its cost of compliance by increasing the industry’s flexibility to institute different and less costly control strategies than under the 2010 rule.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 146 of 247 I . National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104
- 113 (15 U.S.C. 272 note), directs the EPA to use voluntary consensus st andards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable VCS. This proposed rulemaking does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. J . Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low
Income Populations Executive Order 12898 (59 FR 7629)(February 16, 1994) establishes federal executive policy on environmental justice . Its main provision directs federal agencies, toInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 147 of 247 the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressin g, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low
- income populations in the United States. An analysis of demographic data was prepared fo r the 2010 final rule and can be found in the docket for that rulemaking (EPA
- docket no. EPA
- HQ - OAR- 2002
- 0051
- 3415). The impacts of the 2010 rule, which assumed full compliance, are expected to be unchanged as a result of this action. Therefore, beginning from the date of full compliance, the EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low
- income populations because it does not affect the level of protection provided to human health or the environment. This proposed rule may temporarily result in higher emissions due to the delayed compliance date. The EPA has determined that these increased emissions will not have disproportionately high and adverse human health or environmental effects onInteragency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 148 of 247 minority or low
- income populations because the demographic analysis showed that the average of populations in close proximity to the sources, and thus most likely to be affected by the sources, were similar in demographic composition to national averages.Interagency Working Comments on Draft Language under EOs 12866 and 13563 Interagency

Review. Subject to Further Policy Review. Page 149 of 247 National Emission Standards for Hazardous Air Pollutants For the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants **List of Subjects in 40 CFR Part 63**  Environmental protection, Air pollution control, Hazardous substances, Incorporation by reference, Reporting and recordkeeping requirements.

____________________________ Dated:

____________________________ Lisa P. Jackson, AdministratorDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **150** of **24 7**  For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: **PART 60 –**  **[AMENDED]** 1. The authority citation for part 60 continues to read as f ollows: **Authority:** 23 U.S.C. 101; 42 U.S.C. 7401
- 7671q. **Subpart A**

**— [Amended]**  2 . Section 60.17 is amended by revising paragraph (h)(4) to read as follows: **§60.17 Incorporations by reference** . * * * * * (h) * * * (4) ANSI/ASME PTC 19.10

– 1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], IBR approved for §60.56c(b)(4) of subpart Ec, §60.63(f)(2) and (f)(4) of subpart F, §60.106(e)(2) of subpart J, §§60.104a(d)(3), (d)(5), (d)(6), (h)(3), (h)(4), (h)(5), (i)(3), (i)(4), (i)(5), (j)(3), and (j)(4), 60.105a(d)(4), (f)(2), (f)(4), (g)(2), and (g)(4), 60.106a(a)(1)(iii), (a)(2)(iii), (a)(2)(v), (a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and 60.107a(a)(1)(ii), (a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), (d)(2), (e)(1)(ii), and (e)(2)(ii) o f subpart Ja, tables 1DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **151** of **247** and 3 of subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, §60.4415(a)(2) and (a)(3) of subpart KKKK, 60.2145(s)(1)(i) and (ii), 60.2145(t)(1)(ii), 60.2145(t)(5)(i), 60.2710(s)(1)(i) and (ii), 60.2710(t)(1)(ii), 60.2710(t)(5)(i), 60.2710(w)(3), 60.2730(q)(3), 60.4900(b)(4)(vii) and (viii), 60.4900(b)(5)(i), 60.5220(b)(4)(vii) and (viii), 60.5220(b)(5)(i), tables 1 and 2 to subpart LLLL, tables 2 and 3 to subpart MMMM, §§60.5406(c)(4)(iii) and 60.5413(b)(4)(iii)(A) . * * * * * **Subpart F --**  **[AMENDED]** 3 . Section 60.61 is amended by adding a definition for “Excess emissions” and “Operating day,” to read as follows: **§60.61 Definitions.** * * * * * Excess emissions means, with respect to this subpart, results of any required measurements outside the applicable range (e.g., emissions limitations, parametric operating limits) that is permitted by this subpart. The values of measurements will be in the same units and averaging time as the values specified in this subpart for the limitations.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **152** of **247** * * * * * Operating day means a 24
- hour period beginning at 12:00 midnight during which the kiln operates at any time . For calculating rolling 30
- day average emissions, an opera ting day does not include the hours of operation during startup or shutdown . * * * * * 4 . Section 60.62 is amended by:
a . Revising paragraph (a)(1); b . Revising paragraphs (a)(2) and (a)(3);
c . Revising paragraphs (b)(1) and (b)(2);and d . Revising paragraph (d) to read as follows: **§60.62 Standards** . (a) On and after the date on which the performance test required to be conducted by §60.8 is completed, you may not discharge into the atmosphere from any kiln any gases which: (1) Contain particulat e matter (PM) in excess of: (i) [Reserved] (ii) 0.02 pound per ton of clinker if construction or reconstruction of the kiln commenced after June 16, 2008 .DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **153** of **247** (iii) Kilns that have undergone a modification may not discharge into the atmosphere any gases which contain PM in excess of 0.07 pound per ton of clinker. (2) [Reserved] * * * * * (b) On and after the date on which the performance test required to be conducted by §60.8 is completed, you may not discharge into the atmosphere from any clinker cooler any gases which: (1) Contain PM in excess of: (i) [Reserved] (ii) 0.02 pound per ton of clinker if construction or reconstruction of the clinker cooler commences after June 16, 2008 . (iii) Clinker coolers that have undergone a modification may not discharge into the atmosphere any gases which contain PM in excess of 0.07 pound per to n of clinker. (2) [Reserved] * * * * * (d) If you have an affected source subject to this subpart with a different emissions limit or requirement for the same pollutant under another regulation in title 40 ofDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **154** of **247** this chapter, you must comply with the most stringent emissions limit or requirement and are not subject to the less stringent requirement. 5 . Section 60.63 is amended by:
a . Revising paragraphs (b)(1)(i)and (b)(1)(ii); b . Adding paragraph (b)(1)(iii);
c . Revising paragraphs (b)(2) through (4); d . Revising paragraphs (c) through (f);
e . Revising paragraph (g) introductory text; f . Revising paragraph (g)(2); g . Revising paragraph (h) introductory text; h . Revising paragraph (h)(1) and (h)(6); i . Revising paragraph (h)(7) introductory text; j . Revising paragraph (h)(8) introductory text; k . Revising paragraph (h)(9); l . Revising paragraph (i) introductory text; and
m . Revising paragraph (i)(1) and (i)(1)(i) to read as follows: **§60.63 Monitoring of operations.** * * * * * (b) * * * (1) * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **155** of **247** (i) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of clinker produced in tons of mass per hour. The system of measuring hourly clinker production must be maintained within ±5 percent accuracy or (ii) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of feed to the kiln in tons of mass per hour . The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate using a kiln specific feed
- to - clinker ratio based on reconciled clinker production rates determined for accounting purposes and recorded feed rates . This ratio should be updated monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated . (iii) For each kiln operating hour for which you do not have data on clinker production or the amount of feed to the kiln, use the value from the most recent previous hour for which valid data are available. (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinkerDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **156** of **247** production ra tes or feed rates before initial use (for new sources) or by the effective compliance date of this rule (for existing sources). During each quarter of source operation, you must determine, record, and maintain a record of the ongoing accuracy of the system of measuring hourly clinker production rates or feed rates. (3) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and cli nker production rates. (4) [Reserved] (c) PM Emissions Monitoring Requirements . (1) For each kiln or clinker cooler subject to a PM emissions limit in §60.62, you must demonstrate compliance through an initial performance test and you must monitor continuous performance through use of a particulate matter continuous parametric monitoring system (PM CPMS). (2) For your PM CPMS, you will establish a site
specific operating limit corresponding to the highest 1
- hour average PM CPMS output value recorded during the performance test demonstrating compliance with the PM limit. You will conduct your performance test using Method 5 at appendix A
- 3 to part 60 of this chapter. You will useDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **157** of **247** the PM CPMS to demonstrate continuous compliance with your operating limit. You must repeat the performance test annually and reassess and adjust the site
- specific operating limit in accordance with the results of the performance test. (3) [Reserved] (d) You must install, operate, calibrate, and maintain a CEMS continuously monitoring and recording the concentration by volume of NO x emissions into the atmosphere for any kiln subject to the NO x emissions limit in §60.62(a)(3). If the kiln has an alkali bypass, NO x emissions from the alkali bypass do not need to be monitored, and NO x emission monitoring of the kiln exhaust may be done upstream of any commingled alkali bypass gases . (e) You must install, operate, calibrate, and maintain a CEMS for continuously monitoring and recording the concentration by volume of SO 2 emissions into the atmosphere for any kiln subject to the SO 2 emissions limit in §60.62(a)(4). If you are complying with the alternative 90 percent SO 2 emissions reduction emissions l imit, you must also continuously monitor and record the concentration by volume of SO 2 present at the wet scrubber inlet.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **158** of **247** (f) The NOx and SO 2 CEMS required under paragraphs (d) and (e) of this section must be installed, operated and maintained according t o Performance Specification 2 of appendix B of this part and the requirements in paragraphs (f)(1) through (5) of this section . (1) The span value of each NOx CEMS monitor must be set at 125 percent of the maximum estimated hourly potential NOx emission concentration that translates to the applicable emissions limit at full clinker production capacity. (2) You must conduct performance evaluations of each NOx CEMS monitor according to the requirements in §60.13(c) and Performance Specification 2 of appendix B to this part. You must use Methods 7, 7A, 7C, 7D, or 7E of appendix A
- 4 to this part for conducting the relative accuracy evaluations. The method ASME PTC 19.10
- 1981, “Flue and Exhaust Gas Analyses,” (incorporated by reference
- see §60.17) is an accept able alternative to Method 7 or 7C of appendix A
- 4 to this part. (3) The span value for the SO 2 CEMS monitor is the SO 2 emission concentration that corresponds to 125 percent of the applicable emissions limit at full clinker production capacity and the exp ected maximum fuel sulfur content.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **159** of **247** (4) You must conduct performance evaluations of each SO 2 CEMS monitor according to the requirements in §60.13(c) and Performance Specification 2 of appendix B to this part. You must use Methods 6, 6A, or 6C of appendix A
- 4 to this part for conducting the relative accuracy evaluations. The method ASME PTC 19.10
- 1981, “Flue and Exhaust Gas Analyses,” (incorporated by reference
- see §60.17) is an acceptable alternative to Method 6 or 6A of appendix A
- 4 to this part. (5) You must comply with the quality assurance requirements in Procedure 1 of appendix F to this part for each NOx and SO 2 CEMS, including quarterly accuracy determinations for monitors, and daily calibration drift tests. (g) For each CPMS or CEMS required under p aragraphs (c) through (e) of this section: * * * * * (2) You may not use data recorded during the monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activit ies in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent,DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **160** of **247** not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in pa rt by poor maintenance or careless operation are not malfunctions. An owner or operator must use all the data collected during all other periods in reporting emissions or operating levels. * * * * * (h) You must install, operate, calibrate, and maintai n instruments for continuously measuring and recording the stack gas flow rate to allow determination of the pollutant mass emissions rate to the atmosphere for each kiln subject to the PM emissions limits in §60.62(a)(1) (ii) and (b)(1)(ii), the NO x emiss ions limit in §60.62(a)(3), or the SO 2 emissions limit in §60.62(a)(4) according to the requirements in paragraphs (h)(1) through (10), where appropriate, of this section. (1) The owner or operator must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the NO x and/or SO 2 CEMS, taking into account the manufactu rer’s recommendations. The flow rate sensor is that portion of the system that senses theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **161** of **247** volumetric flow rate and generates an output proportional to that flow rate. * * * * * (6) The flow rate monitoring system must be designed to measure a minimum of one cycle of operational flow for each successive 15
-minute period. (7) The flow rate sensor must be able to determine the daily zero and upscale calibration drift (CD) (see sections 3.1 and 8.3 of Performance Specification 2 in appendix B to this part for a discussion of CD). * * * * * (8) You must perform an initial relative accuracy test of the flow rate monitoring system according to section 8.2 of Performance Specification 6 of appendix B to this part, with the exceptions noted in paragraphs (h) (8)(i) and (ii) of this section. * * * * * (9) You must verify the accuracy of the flow rate monitoring system at least once per year by repeating the relative accuracy test specified in paragraph (h)(8) of this section. * * * * * (i) Development and Submittal (Upon Request) of Monitoring Plans . If you demonstrate compliance with anyDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **162** of **247** applicable emissions limit through performance stack testing or other emissions monitoring (including PM CPMS) , you must develop a site
- specific monitoring plan according to the requirements in paragraphs (i)(1) through (4) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under paragraph (h) of this section and §63.8(f). If you use a bag le ak detector system (BLDS), you must also meet the requirements specified in paragraph §63.1350(m)(10) of this chapter. (1) For each continuous monitoring system (CMS) required in this section, you must develop, and submit to the permitting authority for approval upon request, a site
specific monitoring plan that addresses paragraphs (i)(1)(i) through (iii) of this section. You must submit this site
- specific monitoring plan, if requested, at least 30 days before the initial performance evaluation of your CMS . (i) Installation of the CMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e.g. , on or downstream of the last control dev ice);DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **163** of **247** * * * * * 6. Section 60.64 is amended to read as follows: **§60.64 Test methods and procedures** (a) In conducting the performance tests and relative accuracy tests required in §60.8, you must use reference methods and procedures and the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b). (b) You must demonstrate compliance with the PM standards in §60.62 according to paragraphs (b)(1)(i) through (iv) of this sect ion. (1)(i) In using a PM CPMS to demonstrate compliance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (b)(1)(ii) through (iv) of this section. (ii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record all hourly average output values (e.g., milliamps, stack concentration, or other raw data signal) from the PM CPMS for the periods corresponding to the test runs (e.g., th ree 1
- hour average PM CPMS output values for three 1
- hour test runs).DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **164** of **247** (iii) Determine your operating limit as the highest 1
- hour average PM CPMS output value recorded during the performance test. You must verify an existing or establish a new operating limit after each repeated performance test. (iv) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out
- of
- control. You must demonstrate continuous compliance by u sing all quality
- assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 2 to determine the 30 kiln operating day average.



### n n Hpv i i 

### 

  1 

### day operating kiln 30 Eq. 2 where: Hpvi is the hourly parameter value for hour i and
n is the number of valid hourly parameter values collected over 30 kiln operating days.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **165** of **247** (2) Use Method 9 and the procedures in §60.11 to determine opacity. (3) Any sources other than kilns (including associated alkali bypass and clinker cooler) that are major sources as defined in §63.2 of this chapter and that are subject to the 10 percent opacity limit must follow the appropriate monitoring procedures in §63.1350(f), (m)(1)through(m)(4), (m)(10) through (11), (o), and (p) of this chapter. (4) [Reserved] (5) [Reserved] (c) Calculate and record the rolling 30 kiln operating day average emission rate daily of NOx and SO 2 according to the procedures in paragraphs (i) through (iv) of this section. (i) Calculate the rolling 30 kiln operating day average emissi ons according to equation 3:



# 

 

###  n

i i

i i D 

### P

Q C n k E 1 

### / ) ( 1 (Eq. 3)

Where: E 30D = 30 kiln operating day average emission rate of NOX or SO 2 , lb/ton of clinker; C i = concentration of NOX or SO 2 for hour i, ppm; Q i = volumetric flow rate of effluent gas for hour i, where C i and Q i are on the same basis (either wet or dry), scf/hr;DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **166** of **247** P i = total kiln clinker produced during production hour i, ton/hr; and k = conversion factor, 1.194 x 10 - 7 for NOX and 1.660 x 10 - 7 for SO 2. n = number of kiln operating hours over 30 kiln operating days, n = 1 to 720. (ii) [Reserved] (iii) For each kiln operating hour for which you do not have at least one valid 15
-minute CEMS data value, use the average emissions rate (lb/hr) from the most recent previous hour for which valid data are available . (d) (1) Within 60 days after the date of completing each performance test(see §60.8) as required by this subpart you must submit the results of the performance tests conducted to demonstrate compliance under this subpart to EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through EPA’s Central Data Exchange (CDX)(www.epa.gov/cdx). Performance test data must be submitted in the file format generated through use of EPA’s Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/index.html ) . Only data collected using test methods on the ERT website are subject to this requirement for submitting reports electronically to Web FIRE. Owners or operators who claim that some of theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **167** of **247** information being submitted for performance tests is confidential business information (CBI) must submit a complete ERT file including information claimed to be CBI on a compact disk or other commonly us ed electronic storage media (including, but not limited to, flash drives) to EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404
- 02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to EPA via CDX as described earlier in this paragraph. At the discretion of the delegated authority, you must also submit these reports, including the confidential business information, to the delegated authority in the format specified by the delegated authority. (2) Within 60 days after the date of completing each CEMS performance evaluation test (see §60.13), you must submit the relative accuracy test audit data electronically into EPA’s Ce ntral Data Exchange by using the Electronic Reporting Tool as mentioned in paragraph (d)(1) of this section. Only data collected using test methods compatible with ERT are subject to this requirement to be submitted electronically to EPA’s CDX.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **168** of **247** (3) All rep orts required by this subpart not subject to the requirements in paragraphs (d)(1) and (2) of this section must be sent to the Administrator at the appropriate address listed in §63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (d)(1) and (2) of this section in paper format. 7. Section 60.65 is revised to read as follows: **§60.65 Recordkeeping and reporting requirements.** (a) Each owner or operator required to install a CPMS or CEMS under sections §60.63(c)
- (e) shall submit reports of excess emissions. The content of these reports must comply with the requirements in §60.7(c). Notwithstanding the provisions of §60.7(c), such reports shall be submitted semiannually. (b) [Reserved] (c) Each owner or operator of facilities subject to the provisions of §60.63(c)
- (e) shall submit semiannual reports of the malfunction information required to be recorded by §60.7(b). These reports shall include theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **169** of **247** frequency, duration, and cause of any incident resulting in deenergization of any device controlling kiln emissions or in the vent ing of emissions directly to the atmosphere. (d) The requirements of this section remain in force until and unless the Agency, in delegating enforcement authority to a State under section 111(c) of the Clean Air Act, 42 U.S.C. 7411, approves reporting requ irements or an alternative means of compliance surveillance adopted by such States. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State. 8. Section 60.66 is amended by revising paragraph (b) introductory text to read as follows: **§60.66 Delegation of authority** . * * * * * (b) In delegating implementation and enforcement authority to a State, local, or tribal agency, the approval authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of the U.S EPA and are not transferred to the State, local, or tribal agency. * * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **170** of **247 PART 63**  **-- [AMENDED]**  9. The authority citation for part 63 continues to read as follows: **Authority: 42 U.S.C. 7401, et**  **seq .**  10 . Section 63.14 is amended by revising paragraph (b)(54) to read as follows: **§63.14 Incorporations by reference** . * * * * * (b) * * * (54) ASTM D6348

– 03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, approved 2003, incorporation by reference (IBR) approved for §63.1349(b)(4)(iii) of subpart LLL, table 4 to subpart DDDD, and table 8 of subpart HHHHHHH of this part. * * * * * **Subpart LLL**

**— [Amended]**  11. Section 63.1340 is amended by
a . Revising paragraphs (b)(6) through (b)(9); and b . Revising paragraph (c) to read as follows: **§63.1340 What parts of my plant does this subpart c over?**  * * * * * (b) * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **171** of **247** (6) Each raw material, clinker, or finished product storage bin at any portland cement plant that is a major source; (7) Each conveying system transfer point including those associated with coal preparation used to convey coal from the mill to the kiln at any portland cement plant that is a major source; (8) Each bagging and bulk loading and unloading system at any portland cement plant that is a major source; and (9) Each open clinker storage pile at any portland cement plant. (c) Onsite sources that are subject to standards for nonmetallic mineral processing plants in subpart OOO, part 60 of this chapter are not subject to this subpart. Crushers are not covered by this subpart regardless of their location. * * * * * 12. Section 63.1341 is amended by:
a . Deleting definitions of “Enclosed storage pile,” and “Inactive clinker pile;” b . Adding a definition for “In
- line coal mill,” and “Startup and shutdown;” andDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **172** of **247**
c . Revising definitions for “Kiln,” “New source,” “Operating day,” “Raw material dryer,” and “Total organic HAP,” in alphabetic order to read as follows: **§63.1341 Definitions.** * * * * * Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limit, operating limit, work practice standard, or monitoring requirement; or (i i) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. A deviation is not always a violation. * * * * * In - line coal mill means those coal mills using kiln exhaust gases in their process. Coal mills with a heat source other than the kiln or coal mills using exhaust gases from the clinker cooler are not an in
- line coal mill. * * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **173** of **247** Kiln means a device, including any associated preheater or precalciner devices, inline raw mills, inline coal mills or alkali bypasses that produces clinker by heating limestone and other materials for subsequent production of portland cement . Because the inlin e raw mill and inline coal mill are considered an integral part of the kiln, for purposes of determining the appropriate emissions limit, the term kiln also applies to the exhaust of the inline raw mill and the inline coal mill. * * * * * New source me ans any source that commenced construction after May 6, 2009, for purposes of determining the applicability of the kiln, clinker cooler and raw material dryer emissions limits for mercury, PM, THC, and HCl. * * * * * Open clinker storage pile means any clinker storage pile that is not completely enclosed in a building or structure. Operating day means any 24
- hour period beginning at 12:00 midnight during which the kiln operates for any time. For calculating the rolling 30
- day average emissions, kiln ope rating days do not include the hours of operation during startup or shutdown . * * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **174** of **247** Raw material dryer means an impact dryer, drum dryer, paddle
- equipped rapid dryer, air separator, or other equipment used to reduce the moisture content of feed or other materials. * * * * * Startup and shutdown means the periods of kiln operation that do not include normal operations . Startup begins when the kiln’s induced fan is turned on and continues until continuous feed is introduced into the kiln, at which time the kiln is in normal operating mode . Shutdown begins when feed to the kiln is halted. * * * * * Total organic HAP means, for the purposes of this subpart, the sum of the concentrations of compounds of formaldehyde, benzene, toluene, styrene, m
- xylene, p
- xylene, o
- xylene, acetaldehyde, and naphthalene as measured by EPA Test Method 320 or Method 18 of appendix A to th is part or ASTM D6348
- 03 15 or a combination of these methods, as

15 When using ASTM D6348
-03, the following conditions must be met: (1) The test plan preparation and implementation in the Annexes to ASTM D6348
-03, Sections A1 through A8 are mandatory; (2) For ASTM D6348
-03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (see Equation A5.5); (3) For the ASTM D6348
-03 test data to be acceptable for a target analyte, %R must be 70 % ≥ R ≤ 130%; and (4) The %R value for each compound mustDRAFT

– DO NOT CITE OR QUOTE

appropriate. If measurement results for any pollutant are reported as below the method detection level (e.g., laboratory analytical results for one or more sample components are below the meth detection level), you must use the method detection level as the measured emissions level for that pollutant in calculating the total organic HAP value. The measured result for a multiple component analysis (e.g., analytical values fo r multiple Method 18 fractions combination of method detection level data and analytical data reported above the method detection level. The owner or operator of an affected source may request the use of other test methods to make this deter paragraphs 63.7(e)(2)(ii) and (f) of this part. * * * * * 13 . Section 63.1343 is amended by revising paragraphs (a) through (e) to read as follows: **§63.1343 What Standards Apply to my Kilns, Clinker Coolers, Raw Material Dryers, and Ope** 

be reported in the test report and all field measurements corrected with the calculated %R value for that compound using the following equation:

DO NOT CITE OR QUOTE

–5/01 /12

Page **175** of **247** appropriate. If measurement results for any pollutant are reported as below the method detection level (e.g., laboratory analytical results for one or more sample components are below the meth od defined analytical detection level), you must use the method detection level as the measured emissions level for that pollutant in calculating the total organic HAP value. The measured result for a multiple component analysis (e.g., analytical

r multiple Method 18 fractions ) may include a combination of method detection level data and analytical data reported above the method detection level. The owner or operator of an affected source may request the use of other test methods to make this determination under paragraphs 63.7(e)(2)(ii) and (f) of this part.

Section 63.1343 is amended by revising paragraphs (a) through (e) to read as follows: **§63.1343 What Standards Apply to my Kilns, Clinker Coolers, Raw Material Dryers, and Ope**  **n Clinker Piles?**

be reported in the test report and all field measurements corrected with the calculated %R value for that compound using the following equation: appropriate. If measurement results for any pollutant are reported as below the method detection level (e.g., laboratory analytical results for one or more sample
detection level), you must use the method detection level as the measured emissions level for that pollutant in calculating the total organic HAP value. The measured result for a multiple component analysis (e.g., analytical may include a combination of method detection level data and analytical data reported above the method detection level. The owner or operator of an affected source may request the use of mination under

Section 63.1343 is amended by revising paragraphs
**§63.1343 What Standards Apply to my Kilns, Clinker n Clinker Piles?** 

be reported in the test report and all field measurements corrected with the calculated %RDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **176** of **247** (a) General . The provisions in this section apply to each kiln and any alkali bypass associated with that kiln, clinker cooler, and raw material dryer. All D/F, HCl, and total hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and THC limits for kilns are corrected to 7 percent oxygen. All THC emissions limits are measured as propane. Standards for mercury and THC are based on a rolling 30
- day average. If using a CEMS to determine compliance with the HCl standard, this standard is based on a rolling 30
- day average. You must ensure appropriate corrections for moisture are made when measuring flow rates used to calculate mercury emissions. The 30
- day period means 30 consecutive kiln operating days excluding periods of startup and shutdown. (b) Kilns, clinker coolers, raw material dryers, raw mills, and finish mills . (1) The emissions limits for these sources are shown in Table 1 below. PM limits for existing kilns also apply to kilns that have undergone a modification as defined in subpart A of part 60 of title 40.DRAFT

– DO NOT CITE OR QUOTE

– 1/6/12 Page **177** of **247**

Table 1 . Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills. If your source is a (an): And the

operatin g mode is: And if

is locate d at a: Your

emissions limits are: And the

units of the emission s limit are: The

oxygen correctio n factor is: 1. Existin g kiln Normal

operatio n Major

or area source PM 1 0.0 7

D/F 2 0. 2 Mercury 55
THC 3,4 24 lb/ton

clinker ng/dscm lb/MM tons clinker ppmvd NA

7 percent NA 7 percent 2. Existin g kiln Normal

operatio n Major

source HCl 3 ppmvd 7 percent
3. Existin g kiln Startup

and shutdown Major

or area source PM 0.0 4

D/F 0. 2 Mercury 10 THC 24 gr/dscf

ng/dscm (TEQ) ug/dscm ppmvd NA

NA NA NA 4. Existin g kiln Startup

and shutdown Major

source HCl 3 ppmvd NA
5 . New kiln Normal

operatio n Major

or area source PM 0.0 2

D/F 1 0. 2 Mercury 21
THC 3,4 24 lb/ton

clinker ng/dscm lb/MM tons clinker ppmvd NA

7 percent NA 7 percent 6 . New kiln Normal

operatio n Major

source HCl 3 ppmvd 7 percent
7 . New kiln Startup

and shutdown Major

or area source PM 0.000 8

D/F 0. 2 Mercury 4 THC 24 gr/dscf

ng/dscm (TEQ) ug/dscm ppmvd NA

NA NA NA 8. New Startup Major HCl 3 ppmvd NADRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **178** of **247** kiln and

shutdown source 9 . Existin g clinker cooler Normal

operatio n Major

or area source PM 0.0 7 lb/ton clinker NA

10

. Existin g clinker cooler Startup

and shutdown Major

or area source PM 0.00 4 Gr/dscf NA

11

. New clinker cooler Normal

operatio n Major

or area source PM 0.0 2 lb/ton clinker NA

12

. New clinker cooler Startup

and shutdown Major

or area source PM 0.000 8 Gr/dscf NA

13

. Existin g or new raw materia l dryer Normal

operatio n Major

or area source THC 3,4 24 ppmvd 19 percent

14

. Existin g or new raw materia l dryer Startup

and shutdown Major

or area source THC 24 ppmvd NA

1 5

. Existin g or new raw or finish mill All

operatin g modes Major

source Opacity 10 percent NA

11

. Open clinker storage piles All

operatin g modes Major

or area source Work

practices (63.1343(c) ) NA NA

1 The initial and subsequent PM performance tests are performed using Method 5 and consists of three 1
- hr tests. 2 If the average temperature at the inlet to the first particulate matter control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 o F or less this limit is changed to 0.04 ng/dscm.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **179** of **247**
3 Measured as propane. 4 Any sourc e subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP . (2) When there is an alkali bypass associated with a kiln, the combined PM emissions from the kiln and the alkali bypass stack are subject to the PM emissions limit. Existing kilns that combine the clinker cooler exhaust and/or coal mill with the kiln exhaust for energy efficiency purposes and send the combined exhaust to the PM control device as a single stream may meet an alternative PM emissions limit. This limit is calculated using equation 1 of this section: PM alt = (0.006 x 1.65)(Q k + Q c + Q ab + Q cm )/(7000) (Eq. 1) Where: PMalt = alternative PM emission limit for commingled sources. 0.006 is the PM exhaust concentration (gr/dscf) equivalent to 0.07 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 is the conversion factor of lb feed per lb clinker Qk is the exhaust flow of the kiln (dscf/ton raw feed) Qc is the exhaust flow of the clinker cooler (dscf/ton feed). Qab is the exhaust flow of the alkali bypass (dscf/ton feed). Qcm is the exhaust flow of the coal mill (d scf/ton feed). 7000 is the conversion factor for gr per lb. For new kilns that combine kiln exhaust and clinker cooler gas the limit is calculated using the equation 2 of this section: PMalt = (0.002 x 1.65)(Q k + Q c + Q ab + Q cm )/(7000)(Eq. 2) Where: PMalt = alternative PM emission limit for commingled sources. 0.002 is the PM exhaust concentration (gr/dscf) equivalent to 0.02 lb per ton clinker where clinker cooler and kiln exhaustDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **180** of **247** gas are not combined1.65 is the conversion factor of lb feed per lb cl inker Qk is the exhaust flow of the kiln (dscf/ton feed) Qc is the exhaust flow of the clinker cooler (dscf/ton feed). Qab is the exhaust flow of the alkali bypass (dscf/ton feed). Qcm is the exhaust flow of the coal mill (dscf/ton feed). 7000 is the conversion factor for gr per lb. (c) Open Clinker Piles. The owner or operator of an open clinker pile must prepare and operate in accordance with the fugitive dust emissions control measures, described in their operation and maintenance plan (see §63.134 7 of this subpart), that is appropriate for the site conditions as specified in paragraphs (c)(1) and (2) of this paragraph. (1) The operations and maintenance plan must identify and describe the fugitive dust emissions control measures the owner or opera tor will use to minimize fugitive dust emissions from each open clinker storage pile. (2) For open clinker storage piles, the operations and maintenance plan must specify that one or more of the following control measures will be used to minimize to the g reatest extent practicable fugitive dust from open clinker storage piles: Locating the source inside a partial enclosure, installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents on the source, use of a wind barrier, compaction, or use of a vegetative cover. The owner or operator must select, for inclusion in the operations andDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **181** of **247** maintenance plan, the fugitive dust control measure or measures listed in this paragraph that are most appropriate for site
con ditions. The plan must also explain how the measure or measures selected are applicable and appropriate for site conditions. In addition, the plan must be revised as needed to reflect any changing conditions at the source. (d) [Reserved] (e) Emission limits in effect prior to September 9, 2010. Any source defined as an existing source in §63.1351, and that was subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to September 9, 2010, must continue to meet the limits shown in Table 2 to thi s section until September 9, 2015. * * * * * 14 . Section 63.1344 is amended by revising the section heading and revising the section to read as follows: **§63.1344 Affirmative defense for violation of emissions limit**  **during malfunction .**  In response to an action to enforce the standards set forth in paragraph §63.1343(b) you may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriat e penalties may be assessed, however, if the respondent fails to meet its burden of proving all of theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **182** of **247** requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) To establish the affirmative defense in any action to enforce such a standard, you must timely meet the notification requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that: (1) The violation: (i) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner, and (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (iv) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (2) Repairs were made as expeditiously as possible when a violation occurred. Off
- shift and overtime labor were used, to the extent practicable to make these repairs; andDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **183** of **247** (3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum e xtent practicable; and (4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (5) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment and human health; and (6) All emissions monitoring and control systems were kept in operation if at all possible consistent with safety and good air pollution control practices; and (7) Your actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (8) At all times, the affected source was operated in a manner consistent with good air pollution control practice for minimizing emissions; and ( 9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall alsoDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **184** of **247** specify, using b est monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction . (b) Report. The owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator with all necessary supporting documentation, that it has met the requirements set forth in paragraph (a) of this section. This aff irmative defense report shall be included in the first periodic compliance, deviation report or excess emission report otherwise required after the initial occurrence of the violation of the relevant standard (which may be the end of any applicable averagi ng period). If such compliance, deviation report or excess emission report is due less than 45 days after the initial occurrence of the violation, the affirmative defense report may be included in the second compliance, deviation report or excess emission report due after the initial occurrence of the violation of the relevant standard. 15 . Section 63.1345 is amended by revising the section heading and revising the section to read as follows: **§63.1345 Emissions limits for affected sources other than**  **kilns ; clinker coolers; new and reconstructed raw material**  **dryers; and open clinker piles.**DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **185** of **247** The owner or operator of each new or existing raw material, clinker, or finished product storage bin; conveying system transfer point; bagging system; bulk loading or unl oading system; raw and finish mills; and each existing raw material dryer, at a facility which is a major source subject to the provisions of this subpart must not cause to be discharged any gases from these affected sources which exhibit opacity in
excess of 10 percent. 16 . Section 63.1346 is amended by:
a . Revising paragraph (a) introductory text; b . Revising paragraph (a)(1) ; and
c . Revising paragraphs (c)through (f) to read as follows: **§63.1346 Operating limits for kilns.** (a) The owner or operator of a kiln subject to a D/F emissions limitation under §63.1343 must operate the kiln such that the temperature of the gas at the inlet to the kiln particulate matter control device (PMCD) and alkali bypass PMCD, if applicable, does not exceed the applicable temperature limit specified in paragraph (b) of this section. The owner or operator of an in
- line kiln/raw mill subject to a D/F emissions limitation under §63.1343 must operate the in
- line kiln/raw mill, such that:DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **186** of **247** (1) When the raw mill of the in
- line kil n/raw mill is operating, the applicable temperature limit for the main in
- line kiln/raw mill exhaust, specified in paragraph (b) of this section and established during the performance test when the raw mill was operating, is not exceeded, except during per iods of startup/shutdown when the temperature limit may be exceeded by no more than 10 percent. * * * * * (c) For an affected source subject to a D/F emissions limitation under §63.1343 that employs sorbent injection as an emission control technique you must operate the sorbent injection system in accordance with paragraphs (c)(1) and (c)(2) of this section. (1) The rolling three
- hour average activated sorbent injection rate must be equal to or greater than the sorbent injection rate determined in acc ordance with §63.1349(b)(3)(vi). (2) You must either: (i) Maintain the minimum activated carbon injection carrier gas flow rate, as a rolling three
- hour average, based on the manufacturer's specifications. These specifications must be documented in the tes t plan developed in accordance with §63.7(c), orDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **187** of **247** (ii) Maintain the minimum activated carbon injection carrier gas pressure drop, as a rolling three
- hour average, based on the manufacturer's specifications. These specifications must be documented in the tes t plan developed in accordance with §63.7(c). (d) Except as provided in paragraph (e) of this section, for an affected source subject to a D/F emissions limitation under §63.1343 that employs carbon injection as an emission control technique you must spec ify and use the brand and type of sorbent used during the performance test until a subsequent performance test is conducted, unless the site
- specific performance test plan contains documentation of key parameters that affect adsorption and the owner or ope rator establishes limits based on those parameters, and the limits on these parameters are maintained. (e) For an affected source subject to a D/F emissions limitation under §63.1343 that employs carbon injection as an emission control technique you may s ubstitute, at any time, a different brand or type of sorbent provided that the replacement has equivalent or improved properties compared to the sorbent specified in the site
- specific performance test plan and used in the performance test. The owner or ope rator must maintainDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **188** of **247** documentation that the substitute sorbent will provide the same or better level of control as the original sorbent. (f) No kiln may use as a raw material or fuel any fly ash where the mercury content of the fly ash has been increased th rough the use of activated carbon, or any other sorbent, unless the facility can demonstrate that the use of that fly ash will not result in an increase in mercury emissions over baseline emissions (i.e., emissions not using the fly ash). The facility has the burden of proving there has been no emissions increase over baseline. Once the kiln must comply with a mercury emissions limit specified in §63.1343, this paragraph no longer applies. 17 . Section 63.1347 is amended by revising paragraph (a)(1) to rea d as follows: **§63.1347 Operation and Maintenance Plan Requirements.** (a) * * * (1) Procedures for proper operation and maintenance of the affected source and air pollution control devices in order to meet the emissions limits and operating limits, inclu ding fugitive dust control measures for open clinker piles, of §§63.1343 through 63.1348. Your operation and maintenance plan must address periods of startup and shutdown; * * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **189** of **247** 18 . Section 63.1348 is amended by:
a . Revising paragraph (a) introduc tory text;
e . Removing paragraphs (a)(1)(i) and (ii);
c . Revising paragraphs (a)(1) through (a)(6); d . Revising paragraph (b); and
e . Revising paragraph (c)(2)(iv) to read as follows: **§63.1348 Compliance Requirements.** (a) Initial Performance Test Requirements . For an affected source subject to this subpart, you must demonstrate compliance with the emissions standards and operating limits by using the test methods and procedures in §§63.1349 and 63.7. NOTE: The first day of the 30 operating day perf ormance test is the first day following completion of the field testing and data collection that demonstrates that the CPMS or CEMS has satisfied the relevant CPMS performance evaluation or CEMS performance specification (e.g., PS 2, 12A, or 12B) acceptanc e criteria. The performance test period is complete at the end of the 30 th consecutive operating day. See §63.1341 for definition of operating day and §63.1348(b)(1) for the CEMS operating requirements. (1) PM Compliance . If you are subject to limitations on PM emissions under §63.1343(b), you must demonstrate complianceDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **190** of **247** with the PM emissions standards by using the test methods and procedures in §63.1349(b)(1) . (2) Opacity Compliance . If you are subject to the limitations on opacity under §63.1345, you mus t demonstrate compliance with the opacity emissions standards by using the performance test methods and procedures in §63.1349(b)(2). Use the maximum 6
-minute average opacity exhibited during the performance test period to determine whether the affected so urce is in compliance with the standard. (3) D/F Compliance . (i) If you are subject to limitations on D/F emissions under §63.1343(b), you must demonstrate compliance with the D/F emissions standards by using the performance test methods and procedures in §63.1349(b)(3). The owner or operator of a kiln with an in
- line raw mill must demonstrate compliance by conducting separate performance tests while the raw mill is operating and while the raw mill is not operating. Determine the D/F concentration for each run and calculate the arithmetic average of the concentrations measured for the three runs to determine continuous compliance. (ii) If you are subject to a D/F emissions limitation under §63.1343(b), you must demonstrate compliance with the temperature op erating limits specified in §63.1346 by using theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **191** of **247** performance test methods and procedures in §63.1349(b)(3)(ii) through (b)(3)(iv). Use the arithmetic average of the temperatures measured during the three runs to determine the applicable temperature limit. (iii) If activated carbon injection is used and you are subject to a D/F emissions limitation under §63.1343(b), you must demonstrate compliance with the activated carbon injection rate operating limits specified in §63.1346 by using the performance test methods and procedures in §63.1349(b)(3)(v). The average of the run injection rates will determine the applicable injection rate limit . (iv) If activated carbon injection is used, you must also develop a carrier gas parameter (either the carrier gas flow
r ate or the carrier gas pressure drop) during the initial and updated during any subsequent performance test conducted under §63.1349(b)(3) that meets the requirements of §63.1349(b)(3)(vi). Compliance is demonstrated if the system is maintained within +/

- 5 percent accuracy during the performance test determined in accordance with the procedures and criteria submitted for review in your monitoring plan required in section 63.1350(p). (4)(i) THC Compliance .DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **192** of **247** (A) If you are subject to limitations on THC emissions under §63.1343(b), you must demonstrate compliance with the THC emissions standards by using the performance test methods and procedures in §63.1349(b)(4)(i). You must use the average THC concentration obtained during the first 30 kiln operating days after the compliance date of this rule to determine initial compliance. (B) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack , instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. (ii) Total Organic HAP Emissions Tests . If you elect to demonstrate compliance with the total or ganic HAP emissions limit under §63.1343(b) in lieu of the THC emissions limit, you must demonstrate compliance with the total organic HAP emissions standards by using the performance test methods and procedures in §63.1349(b)(4)(iii) and (b)(4)(iv) . (iii ) If you are demonstrating initial compliance, you must conduct the separate performance tests as specified in §63.1349(b)(4)(iii) while the raw mill kiln is operating and while the raw mill of the kiln is not operating.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **1 93**  of **247** ( iv) The average total organic HAP concentration measured during the separate initial performance test specified by §63.1349(b)(4)(iii) must be used to determine initial compliance. (v) The average THC concentration measured during the initial performance test specified by §63.1349(b)(4)(iv ) must be used to determine the site
- specific THC limit. Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off testing. (5) Mercury Compliance . If you are subject to limitations on mercury emissions in §63.1343(b), you must demonstrate compliance with the mercury standards by using the performance test methods and procedures in §63.1349(b)(5). You must demonstr ate compliance by operating a mercury CEMS or a sorbent trap based CEMS. Compliance with the mercury emissions standard must be determined based on the first 30 operating days you operate a mercury CEMS after the compliance date of this rule. In calculating a 30 operating day emissions value using an integrating sorbent trap CEMS, assign the average Hg emissions concentration determined for an integrating period (e.g., 7 day sorbent trap sample) to each relevant hour of the kiln operatingDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **194** of **247** days spanned by each integrated sample. Calculate the 30 kiln operating day emissions rate value using the assigned hourly Hg emissions concentrations and the respective flow and production rate values collected during the 30 kiln operating day performance test pe riod. Depending on the duration of each integrated sampling period, you may not be able to calculate the 30 kiln operating day emissions value until several days after the end of the 30 kiln operating day performance test period . For example, a sorbent tr ap CEMS producing an integrated 7
- day sample will provide Hg concentration data for each hour of the first 28 kiln operating days (i.e., four values spanning 7 days each) of a 30 operating day period. The Hg concentration values for the hours of the last 2 days of the 30 operating day period will not be available for calculating the emissions for the performance test period until at least five days after the end of the subject period. (6) HCl Compliance . If you are subject to limitations on HCl emissions un der §63.1343(b), you must demonstrate initial compliance with the HCl standards by using the performance test methods and procedures in §63.1349(b)(6) . (i) For an affected source that is equipped with a wet scrubber, tray tower or dry scrubber, you must demonstrate initial compliance by conducting a performance test as specifiedDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **195** of **247** in §63.1349(b)(6)(i). You must determine the HCl concentration for each run and calculate the arithmetic average of the concentrations measured for the three runs to determine comp liance. You must also have established appropriate site
specific operational parameter limits. (ii) For an affected source that is not equipped with a wet scrubber, tray tower or dry scrubber, you must demonstrate initial compliance by operating a CEMS as specified in §63.1349(b)(6)(ii). You must use the average of the hourly HCl concentration obtained during the first 30 kiln operating days that occur after the compliance date of this rule to determine initial compliance. (iii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the HCl emissions limit. (iv) As an alternative to paragraph (i), you may use an SO 2 CEMS to establish an SO 2 operating level during your initial and repeat HCl performance tests as specified in §63.1349(b)(6)(iii). (b) Continuous Monitoring Requirements . You must demonstrate compliance with the emissions standards andDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **196** of **247** operating limits by using the performance test methods and procedures in §§63.1350 and 63.8 for each affected source. (1) General Requirements . (i) You must monitor and collect data according to §63.1350 and the site
- specific monitoring plan required by §63.1350(p). (ii) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (inclu ding, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating . (iii) You may not use data recorded during mo nitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **197** of **247** (iv) Clinker Production . If you are subject to limitations on PM emissions (lb/ton of clinker) or mercury (lb/MM tons of clinker) under §63.1343(b), you must determine the hourly production rate of clinker according to the requirements of §63.1350(d). (2) PM Compliance . If you are subject to limitations on PM emissions under §63.1343(b), you must use the monitoring methods and procedures in §63.1350(b) an d (d) . (3) Opacity Compliance . If you are subject to the limitations on opacity under §63.1345, you must demonstrate compliance using the monitoring methods and procedures in §63.1350(f) based on the maximum 6
-minute average opacity exhibited during the p erformance test period. You must initiate corrective actions d within one hour of detecting visible emissions above the applicable limit. (i) [Reserved] (ii) COMS . If you install a COMS in lieu of conducting the daily visible emissions testing, you must demonstrate compliance using a COMS such that it is installed, operated, and maintained in accordance with the requirements of §63.1350(f)(4)(i). (iii) Bag leak determination system ( BLDS) . If you install a BLDS on a raw mill or finish mill in lieu of conduc ting the daily visible emissions testing, you must demonstrate complianceDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **198** of **247** using a BLDS that is installed, operated, and maintained in accordance with the requirements of §63.1350(f)(4)(ii). (4) D/F Compliance . If you are subject to a D/F emissions limitation under §63.1343(b), you must demonstrate compliance using a CMS that is installed, operated and maintained to record the temperature of specified gas streams in accordance with the requirements of §63.1350( g). (5)(i) Activated Carbon Injection Compliance . If you use activated carbon injection to comply with the a D/F emissions limitation under §63.1343(b), you must demonstrate compliance using a CMS that is installed, operated, and maintained to record the rate of activated carbon injection in accordance with the requirements §63.1350(h)(1) . (ii) If you use activated carbon injection to comply with the D/F emissions limitation under §63.1343(b), you must demonstrate compliance using a CMS that is installed, operated and maintained to record the activated carbon injection system gas parameter in accordance with the requirements §63.1350(h)(2) . (6) THC Compliance . (i) If you are subject to limitations on THC emissions under §63.1343(b), you must demonstrate
c ompliance using the monitoring methods and procedures in §63.1350 (i) and (j) .DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **199** of **247** (ii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. THC must be measured upstream of the coal mill. (7) Mercury Compliance . If you are subject to limitations on mercury emissions in §63.134 3(b), you must demonstrate compliance using the monitoring methods and procedures in §63.1350(k). If you use an integrated sorbent trap Hg CEMS to determine ongoing compliance, use the procedures described in §63.1348(a)(5) to assign hourly mercury concen tration values and to calculate rolling 30 operating data emissions rates. Since you assign the mercury concentration measured with the sorbent trap to each relevant hour respectively for each operating day of the integrated period, you may schedule the so rbent change periods to any time of the day (i.e., the sorbent trap replacement need not be scheduled at 12:00 midnight nor must the sorbent trap replacements occur only at integral 24
- hour intervals). (8) HCl Compliance . If you are subject to limitations on HCl emissions under §63.1343(b), you must demonstrate complianceDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **200** of **247** using the performance test methods and procedures in §63.1349(b)(6). (i) For an affected source that is not equipped with a wet scrubber, tray tower or a dry sorbent injection system, you must demonstrate compliance using the monitoring methods and procedures in §63.1350(l)(1). (ii) For an affected source that is equipped with a wet scrubber, tray tower or a dry sorbent injection system, you must demonstrate compliance using the monitorin g methods and procedures in §63.1350(l)(2). (iii) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and s ubsequent performance test to demonstrate compliance with the HCl emissions limit. (iv) As an alternative to paragraph (ii), you may use an SO 2 CEMS to establish an SO 2 operating level during your initial and repeat HCl performance tests and monitor the SO 2 level using the procedures in §63.1350(l)(3). (c) * * * * * (2) * * * (iv) The performance test must be completed within 360 hours after the planned operational change period begins.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **201** of **247**

* * * * * 19 . Section 63.1349 is amended by:
a . Revising paragraph (a) introductory text; b . Revising paragraph (b)(1);
c . Revising paragraph (b)(3) introductory text; d . Revising paragraphs (b)(3)(v) and (b)(3)(vi);
e . Revising paragraphs (b)(4), (b)(5), and (b)(6); and f . Revising paragraphs (c), (d) and (e) t o read as follows: **§63.1349 Performance testing requirements.** (a) You must document performance test results in complete test reports that contain the information required by paragraphs (a)(1) through (a)(10) of this section, as well as all other relevant information. As described in § 63.7(c)(2)(i), you must make available to the Administrator prior to testing, if requested, the site
- specific test plan to be followed during performance testing. * * * * * (b)(1) PM Emissions Tests . (i) The owner or operator of a kiln subject to limitations on particulate matter emissions shall demonstrate initial compliance by conducting a performance test as specified in paragraphs (b)(1)(ii) of this section.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **202** of **247** (A) In using a PM CPMS to demonstrate compl iance, you must establish your PM CPMS operating limit and determine compliance with it according to paragraphs (b)(1)(i)(B) through (D) and (b)(1) (ii) and (iv) of this section. (B) During the initial performance test or any such subsequent performance te st that demonstrates compliance with the PM limit, record all hourly average output values (e.g., milliamps, stack concentration, or other raw data signal) from the PM CPMS for the periods corresponding to the test runs (e.g., three 1
- hour average PM OK CPMS output values for three 1
- hour test runs). (C) Determine your operating limit as the highest 1
- hour average PM CPMS output value recorded during the performance test. You must verify an existing or establish a new operating limit after each repeated pe rformance test. Y ou must repeat the performance test annually and reassess and adjust the site
specific operating limit in accordance with the results of the performance test. (D) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out
- of
- control. You must demonstrate continuous compliance by using all quality
- assured hourly average data collected by the PM CPMS for all operatingDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **203** of **247** hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 3 to determine the 30 kiln operatin g day average.



### n n Hpv i i 

### 

  1 

### day operating kiln 30 (Eq. 3) where: Hpvi is the hourly parameter value for hour i and n is the number of valid hourly parameter values collected over 30 kiln operating days. (ii) Use EPA Method 5 of appendix A to part 60 of this chapter to determine PM emissions. For each performance test , conduct three separate runs under the conditions that exist when the affected source is operating at the highest load or capacity level reasonably e xpected to occur. C onduct each test run to collect a minimum sample volume of 2 dscm for determining compliance with a new source limit and 1 dscm for determining compliance with a existing source limit . Calculate the average of the results from three runs to determine compliance. You need not determin e the particulate matter collected in the impingers (‘‘back half’’) of the Method 5 particulate sampling train toDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **204** of **247** demonstrate compliance with the PM standards of this subpart. This shall not preclude the permi tting authority from requiring a determination of the ‘‘back half’’ for other purposes. (iii) [Reserved] (iv) When there is an alkali bypass associated with a kiln, the main exhaust and alkali bypass of the kiln must be tested simultaneously and the combined emission rate of particulate matter from the kiln and alkali bypass must be computed for each run using equation 4 of this section. For purposes of calculating the combined kiln and alkali bypass emissions, you may use the results of the initial and subsequent Method 5 performance test for the alkali bypass, instead of installing a CEMS, to demonstrate compliance with the PM emissions limit. (Eq. 4)

Where: E C= combined hourly emission rate of particulate matter from the kiln and bypass stack, lb/ton of kiln clinker production; E K= hourly emissions of particulate matter emissions from the kiln, lb; E B= hourly particulate matter emissions from the alkali bypass stack, lb P = hourly clinker production, tons. (v) The owner or operator of a kiln with an in
- line raw mill and subject to limitations on particulate matter emissions P EC B

K E E  DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **205** of **247** shall demonstrate initial compliance by conducting separate performance tests while the raw mill is under normal operating conditions and while the raw mill is not operating.
* * * * * (3) D/F Emissions Tests . If you are subject to limitations on D/F emissions under this subpart, you must conduct a performance test using Method 23 of appendix A
- 7 to part 60 of this chapter. If your kiln or in
- line kiln/raw mill is equipped with an alkali bypass, you must conduct simultaneous performance tests of the kiln or in
- line kiln/raw mill exhaust and the alkali bypass. You may conduct a performance test of the alkali bypass exhaust when the raw mill of the in
- line kiln/raw mill is operating or not operating. * * * * * (v)(A) If sorbent injection is used for D/F control, you must record the rate of sorbent injection to the kiln exhaust, and where applic able, the rate of sorbent injection to the alkali bypass exhaust, continuously during the period of the Method 23 test in accordance with the conditions in §63.1350(m)(9) , and include the continuous injection rate record(s) in the performance test report. Determine the sorbent injection rate parameters in accordance with paragraphs (b)(3)(vi) of this section.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **206** of **247** (B) Include the brand and type of sorbent used during the performance test in the performance test report. (C) Maintain a continuous record of either the carrier gas flow rate or the carrier gas pressure drop for the duration of the performance test . If the carrier gas flow rate is used, determine, record, and maintain a record of the accuracy of the carrier gas flow rate monitoring system according to the procedures in appendix A to part 75 of this chapter. If the carrier gas pressure drop is used, determine, record, and maintain a record of the accuracy of the carrier gas pressure drop monitoring system according to the procedures in §63.1350(m)(6). ( vi) Calculate the run average sorbent injection rate for each run and determine and include the average of the run average injection rates in the performance test report and determine the applicable injection rate limit in accordance with §63.1346(c)(1). ( 4)(i) THC Emissions Test . (A) If you are subject to limitations on THC emissions, you must operate a continuous emissions monitoring system (CEMS) in accordance with the requirements in §63.1350(i). For the purposes of conducting the accuracy and quality assurance evaluations for CEMS, the THC span value (as propane) is 50DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **207** of **247** ppmvd and the reference method (RM) is Method 25A of appendix A to part 60 of this chapter. (B) Use the THC CEMS to conduct the initial compliance test for the first 30 kiln operating da ys of kiln operation after the compliance date of the rule. See 63.1348(a). (C) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln
- specific THC limit using equation 5:

= ( × ( )) ( × ) ( × ) (Eq. 5) Where: Cks = Kiln stack concentration (ppmvd) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume /hr) Ccm = Coal mill concentration (ppmvd) Qks = Kiln stack flow rate (volume /hr)
(D) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit. THC must be measured upstream of the coal mill. (ii) Total Organic HAP Emissions Tests . Instead of conducting the performance test specified in paragraph (b)(4)(i) of this section, you may conduct a performance test to determineDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **208** of **247** emissions of total organic HAP by following the procedures in paragraphs (b)(4)(iii) through (b)(4)(iv) of this section. (iii) Use Method 320 of appendix A to this part, Method 18 of Appendix A of part 60 , ASTM D6348
- 03 or a combination to determine emissions of total organic HAP. Each performance test must consist of three separate runs under the conditions that exist when the a ffected source is operating at the representative performance conditions in accordance with §63.7(e). Each run must be conducted for at least 1 hour. You must conduct the performance test while the raw mill of the kiln is operating and while the raw mill o f the kiln is not operating. (iv) At the same time that you are conducting the performance test for total organic HAP, you must also determine a site
- specific THC emissions limit by operating a CEMS in accordance with the requirements of §63.1350(j). The duration of the performance test must be 3 hours and the highest 1
- hour average THC concentration (as calculated from the 1
-minute averages) during the 3
- hour test must be calculated. Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off testing.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **209** of **247** (v) You must repeat the performance test for organic HAP according to paragraph (b)(4)(iii) and (iv) of this section no later than 12 months after your last test to confirm compliance with the organic HAP emissions limit and to re
- establish your site
- specific THC emissions limit. (vi) If the THC level exceeds by 10 percent or more your site
- specific THC emissions limit, you must (A) as soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the THC CEMS measurements to within the established value; and (B) within 90 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct another performance test to determine compliance with the organic HAP limit and to verify or re
- establish your site
- specific THC emissions limit. (5) Mercury Emissions Tests . If you are subjec t to limitations on mercury emissions, you must operate a mercury CEMS in accordance with the requirements of §63.1350(k). The initial compliance test must be based on the first 30 kiln operating days in which the affected source operates using a mercury CEMS after the compliance date of the rule. See §63.1348(a) .DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **210** of **247** (i) If you are using a mercury CEMS or a sorbent trap monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in §63.1350(k)(5). (ii) Calculate the emission rate using the equations 6 of this section: 

# 

 

###  n
i i i D 

### K

Q C n E 1 30 

### / 1 (Eq. 6)
Where: E 30D = 30
- day rolling emission rate of mercury, lb/MM tons clinker; C i = concentration of mercury for operating hour i, μg/scm; Q i = volumetric flow rate of effluent gas for operating hour i, where C s and Q s are on the same basis (either wet or dry), scm/hr; K = conversion factor, 1 lb/454,000,000 μg; n = number of kiln operating hours in a 30 kiln operating day period, n = 1 to 720. (6) HCl Emissions Tests . For a source subject to limitations on HCl emissions you must conduct performance testing by one of the following methods: (i)(A) If the source is equipped with a wet scrubber, tray tower or dry scrubber, you must conduct performance testing using Method 321 of appendix A to this part unless you have installed a CEMS that meets the requirements §63.1350( l)(1)DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **211** of **247** (B) Y ou must establish site specific parameter limits by using the CPMS required in §63.1350(l)(1). For a wet scrubber or tray tower, measure and record the pressure drop across the scrubber and/or liquid flow rate and pH in intervals of no more than 15 minutes during the HCl test. Compute and record the 24
- hour average pressure drop, pH, and average scrubber water flow rate for each sampling run in which the applicable emissions limit is met. For a dry scrubber, measure and record the sorbent inject ion rate in intervals of no more than 15 minutes during the HCl test. Compute and record the 24
- hour average sorbent injection rate and average sorbent injection rate for each sampling run in which the applicable emissions limit is met. (ii)(A) If the sou rce is not controlled by a wet scrubber, tray tower or dry sorbent injection system, you must operate a CEMS in accordance with the requirements of §63.1350(l)(1). See §63.1348(a). (B) The initial compliance test must be based on the 30 kiln operating days that occur after the compliance date of this rule in which the affected source operates using a HCl CEMS. Hourly HCl concentration data must be obtained according to §63.1350(l). (iii) As an alternative to paragraph (i), you may choose to monitor SO 2 emis sions using a CEMS in accordance with theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **212** of **247** requirements of §63.1350(l)(3). You must establish an SO 2 operating limit equal to the highest 1 hour average recorded during the HCl stack test. This operating limit will apply only for demonstrating HCl complian ce. (iv) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln
- specific HCl limit using equation 7:

= ( × ( )) ( × ) ( × ) (Eq. 7) Where: Cks = Kiln stack concentration (ppmvd) Qab = Alkali bypass flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd) Qcm = Coal mill flow rate (volume /hr) Ccm = Coal mill concentration (ppmvd) Qks = Kiln stack flow rate (volume /hr) (c) Performance Test Frequency . Except as provided in §63.1348(b), performance tests are required at regular intervals for affected sources that are subject to a dioxin or HCl emissions limit and must be repeated every 30 months except for pollutants where that specific pollutant is monitored using CEMS. Tests for PM and total organic HAP are repeated every 12 months. (d) Performance Test Reporting Requirements . (1) You must submit the information specified in paragraphs (d)(1) and (d)(2) of this section no later than 60 daysDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **213** of **247** following the initial performance test. All reports must be signed by a responsible official. (i) The initial performance test data as recorded under paragraph (b) of this section. (ii) The values for the site
- specific operating limits or parameters established pursuant to paragraphs (b)(3), (b)(4)(iii), (b)(5)(ii), and (b)(6)(i) of this section, as applicable, and a description, including sample calculations, of how the operating parame ters were established during the initial performance test. (2) As of December 31, 2011 and within 60 days after the date of completing each performance evaluation or test, as defined in §63.2, conducted to demonstrate compliance with any standard covere d by this subpart, you must submit the relative accuracy test audit data and performance test data, except opacity data, to the EPA by successfully submitting the data electronically to the EPA’s Central Data Exchange (CDX) by using the Electronic Reportin g Tool(ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html/). (e) Conditions of performance tests. Conduct performance tests under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affe cted source for the period being tested. Upon request, youDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **214** of **24 7**  must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. 20 . Section 63.1350 is amended by:
a . Revising paragraphs (a) through (d); b . Revising paragraph (f) introductory text;
c . Revising paragraphs (f)(1)(iv) through (f)(1)(vi); d . Revising paragraphs (f)(2)(i) and (f)(2)(iii);
e . Revising paragraphs (f)(3) and (f)(4); f . Revising paragraph (g)(1) introductory text; g . Revising paragraphs (g)(2) and (g)(4); h . Revising paragraph (h)(1)(ii); i . Revising paragraphs (i)(1) and (i)(2); j . Adding paragraph (i)(3); k . Revising paragraph (k) introductory text; l . Revising paragraph (k)(1)
m . Redesignating paragraphs (k)(2), (k) (3), (k)(4) as paragraphs (k)(3), (k)(4), and (k)(5), respectively;
n . Adding new paragraph (k)(2) text;
o . Revising newly designated paragraphs (k)(4) and (k)(5); p . Adding new paragraph (k)(6); q . Revising paragraph (l) introductory text;
r . Revising par agraph (l)(2);
s . Adding paragraph (l)(3);DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **215** of **247** t . Revising paragraph (m) introductory text;
u . Revising paragraph (m)(7)(i);
v . Revising introductory text for paragraphs (m)(9) and (m)(10);
w . Revising paragraphs (m)(10)(i) through (m)(10)(vii), and paragraph (m)(11)(v);
x . Revising introductory text for paragraphs (n), (o), and (p); y . Revising paragraph (n)(3); and
z . Revising introductory text for paragraphs (p)(1), (p)(2), and (p)(5), to read as follows: **§63.1350 Monitoring requirements.**

(a) (1) Following the compliance date, the owner or operator must demonstrate compliance with this subpart on a continuous basis by meeting the requirements of this section. (2) All continuous monitoring data for periods of startup and shutdown must be compiled and averaged separately from data gathered during other operating periods . (3) For each existing unit that is equipped with a CMS, maintain the average emissions or the operating parameter values within the operating parameter limits established through perf ormance test s .DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **216** of **247** (4) Any instance where the owner or operator fails to comply with the continuous monitoring requirements of this section is a deviation.

(b) PM Monitoring Requirements . (1)(i) PM CPMS . You will use a PM CPMS to establish a site
specific operating limit corresponding to the results of the performance test demonstrating compliance with the PM limit. You will conduct your performance test using Method 5 at appendix A
3 to part 60 of this chapter. You will use the PM CPMS to demonstrate continuous compliance with this operating limit. Y ou must repeat the performance test annually and reassess and adjust the site
- specific operating limit in accordance with the results of the performance test . (ii) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out
- of
- control. You must demonstrate continuous compliance by using all quality
- assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (e.g., milliamps, PM concentration, raw data signal) on a 30 operating day rolling average basis, updated at the e nd of each new kiln operating day.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **217** of **247** (iii) For any deviation of the 30 process operating day PM CPMS average value from the established operating parameter limit, you must (A) Within 48 hours of the deviation, visually inspect the APCD; (B) If inspection of the APCD identifies the cause of the deviation , take corrective action as soon as possible., and return the PM CPMS measurement to within the established value; and (C) Within 30 days of the deviation or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify or re
- establish the CPMS operating limit. You are not required to conduct additional testing for any deviations that occur between the time of the original deviation and the PM emissions compliance test required under this paragraph. (iv) PM CPMS deviations from the operating limit leading to more than four required performance tests in a 12
-month process operating period (rolling monthly) constitute a separate violation of this subpart. (2) [Reserved]DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **218** of **247** (3) Kilns equipped with an alkali bypass . If kiln gases are diverted through an alkali bypass, you must account for the particulate matter emitted from the alkali bypass sta ck by following the procedures in (b)(3)(i) through (v) of this section: (i) You must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere from the alkali bypass stack according to the requirements in paragraphs (n)(1) through (n)(10) of this section. (ii) Develop a particulate matter emissions factor by conducting annual performance tests using Method 5 to measure the concentration of particulate matter in the gases exhausted from the alkali bypass stack. (iii) On a continuous basis, determine the mass emissions of particulate matter in pounds per hour from the alkali bypass exhaust by using the particulate matter emissions factor and the continuously measured exhaust gas flow rates. (iv) Sum the hourly particulate matter emissions from the kiln and alkali bypass to determine total hourly particulate matter emissions. Using hourly clinker production, calculate the hourly emissions rate in pounds per ton of clinker to determine your 30 day rolling average.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **219** of **247** (v) If you monitor compliance using a PM CPMS, you must determine compliance according to paragraphs (b)(3)(v)(A) through (C) of this section: (A) Conduct an annual performance test using Method 5 to determine total pa rticulate matter emissions from the alkali bypass and kiln. (B) To determine continuous compliance, you must establish your PM CPMS operating limit according to paragraph (b)(1) of this section. (C) You must establish the maximum exhaust gas flow rate for the alkali bypass during your annual performance test. You must continuously monitor the flow rate until the next performance test. If there is a deviation of the monitored flow rate from the max imum established during your last performance test by more than 10 percent, you must retest the kiln and alkali bypass to determine compliance . (c) [ Reserved] (d) Clinker Production Monitoring Requirements . If you are subject to an emissions limitation o n particulate matter or mercury emissions (lb/ton of clinker), you must: (1) Determine hourly clinker production by one of two methods:DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **220** of **247** (i) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons
mass per hour of the amount of clinker produced. The system of measuring hourly clinker production must be maintained within ±5 percent accuracy, or (ii) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons
mass per hour of the amount of feed to the kiln. The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate using a kiln specific feed to clinker ratio based on reconciled clinke r production determined for accounting purposes and recorded feed rates. Update this ratio monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker pro duction rates previously estimated . (iii) [Reserved] (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinker production (or feed mass flow if applicable) before initial use (for new sources) or by the effect ive compliance date of this rule (for existing sources). During each quarter of source operation, you must determine, record, and maintain a record of the ongoingDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **221** of **247** accuracy of the system of measuring hourly clinker production (or feed mass flow). (3) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and clinker production rates. (4) Develop an emissions monitoring plan in acco rdance with paragraphs (p)(1) through (p)(4) of this section. (e) [ Reserved] (f) Opacity Monitoring Requirements . If you are subject to a limitation on opacity under §63.1345, you must conduct required opacity monitoring in accordance with the provisions of paragraphs (f)(1)(i) through (f)(1)(vii) of this section and in accordance with your monitoring plan developed under §63.1350(p). You must also develop an opacity monitoring plan in accordance with paragraphs (p)(1) through (p)(4) and paragraph (o)(5), if applicable, of this section. (1) * * * (iv) If visible emissions are observed during any Method 22 performance test, of appendix A

– 7 to part 60 of this chapter, you must conduct 30 opacity observations in accordance with Method 9 of appendix A

– 4 to p art 60 of this chapter. The Method 9 performance test, of appendix A

– 4 to part 60 of this chapter,DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **222** of **247** must begin within 1 hour of any observation of visible emissions. (v) The requirement to conduct Method 22 visible emissions monitoring under this paragraph do not apply to any totally enclosed conveying system transfer point, regardless of the location of the transfer point. The enclosures for these transfer points must be operated and maintained as total enclosures on a continuing basis in accordance with the facility operations and maintenance plan. (vi) If any partially enclosed or unenclosed conveying system transfer point is located in a building, you must conduct a Method 22 performance test, of appendix A

– 7 to part 60 of this chapter, according to the requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this section for each such conveying system transfer point located within the building, or for the building itself, according to paragraph (f)(1)(vii) of this section. * * * * * (2)(i) For a raw mill or finish mill, you must monitor opacity by conducting daily visible emissions observations of the mill sweep and air separator particulate matter control devices (PMCD) of these affected sources in accordance with the procedures of Method 22 of app endix A
- 7 to part 60 of thisDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **223** of **247** chapter. The duration of the Method 22 performance test must be 6 minutes. * * * * * (iii) If visible emissions are observed during the follow
up Method 22 performance test required by paragraph (f)(2)(ii) of this section from any stack from which visible emissions were observed during the previous Method 22 performance test required by paragraph (f)(2)(i) of the section, you must then conduct an opacity test of each stack from which emissions were observed during the follow up Method 22 performance test in accordance with Method 9 of appendix A
- 4 to part 60 of this chapter. The duration of the Method 9 test must be 30 minutes. (3) If visible emissions are observed during any Method 22 visible emissions test conducted under paragraphs (f)(1) or (f)(2) of this section, you must initiate, within one
- hour, the corrective actions specified in your operation and maintenance plan as required in §63.1347. (4) The requirements under paragraph (f)(2) of this section to conduct daily Method 22 testing do not apply to any specific raw mill or finish mill equipped with a COMS or BLDS . (i) If the owner or operator chooses to install a COMS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this se ction, then the COMS must beDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **224** of **247** installed at the outlet of the PM control device of the raw mill or finish mill and the COMS must be installed, maintained, calibrated, and operated as required by the general provisions in subpart A of this part and according to PS

– 1 of appendix B to part 60 of this chapter. (ii) If you choose to install a BLDS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10) and (m)(11) of this section apply . (g) * * * (1) You must install, calibrate, maintain, and continuously operate a CMS to record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to, or upstream of, the kiln and/or alkali bypass PMCDs. * * * * * (2) You must monitor and continuously record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to the kiln and/or alkali bypass PMCD. * * * * * (4) Calculat e the rolling three
- hour average temperature using the average of 180 successive one
-minute average temperatures. See §63.1349(b)(3).DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **225** of **247** * * * * * (h) * * * (1) * * * (ii) Each hour, calculate the three
- hour rolling average activated carbon injection rate for the previous 3 hours of process operation. See §63.1349(b)(3). * * * * * (i) * * * (1) You must install, operate, and maintain a THC continuous emission mo nitoring system in accordance with Performance Specification 8A of appendix B to part 60 of this chapter and comply with all of the requirements for continuous monitoring systems found in the general provisions, subpart A of this part . The owner or operato r must operate and maintain each CEMS according to the quality assurance requirements in Procedure 1 of appendix F in part 60 of this chapter. (2) For sources equipped with an alkali bypass stack or that exhaust kiln gases to a coal mill that exhausts thro ugh a separate stack, instead of installing a CEMS, you may use the results of the initial and subsequent performance test to demonstrate compliance with the THC emissions limit.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **226** of **247** (3) Performance tests on alkali bypass and coal mill stacks must be conducted using Method 25A in appendix A to 40 CFR part 60 and repeated annually. * * * * * (k) Mercury Monitoring Requirements . If you have a kiln subject to an emissions limitation on mercury emissions, you must install and operate a mercury continuous emissi ons monitoring system (Hg CEMS) in accordance with Performance Specification 12A (PS 12A) of appendix B to part 60 of this chapter or a sorbent trap
-based integrated monitoring system in accordance with Performance Specification 12B (PS 12B) of appendix B to part 60 of this chapter . You must monitor mercury continuously according to paragraphs (k)(1) through (k)(5) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (1) You must use a span value for any Hg CEMS that represents the mercury concentration corresponding to approximately two times the emissions standard rounded up to the nearest multiple of 5 μg/m3 of total mercury. As specified in PS 12A, Section 6.1.1, the data recorder output range must include the full range of expected Hg concentration values which would include those expected during “mill off” conditions.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **227** of **247** (2) In order to quality assure data me asured above the span value, you must use one of the options in paragraphs (k)(2)(i) through (k)(2)(iii) below. (i) Include a second span that encompasses the Hg emission concentrations expected to be encountered during “mill off” conditions. This second s pan may be rounded to a multiple of 5 μg/m3 of total mercury. The requirements of PS
- 12A, shall be followed for this second span with the exception that a RATA with the mill off is not required. (ii) Conduct an additional ‘above span’ daily calibration usi ng a Hg reference gas standard at a concentration level between 50 and 85 percent of the highest hourly Hg concentration expected during “mill off” conditions. The ‘above span’ reference gas must meet the requirements of PS 12A, Section 7.1 and be introduc ed at the probe. The ‘above span’ calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. Record and report the results of this procedure as you would for a daily calibration. (iii) I f you choose not to conduct an additional daily calibration, then quality assure any data above the span value established in paragraph (k)(1) of this section using the following procedure. Any time the one hour average measuredDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **228** of **247** concentration of Hg exceeds the span value you must, within 24 hours, introduce a higher, ‘above span’ Hg reference gas standard to the Hg CEMS. The ‘above span’ reference gas must meet the requirements of PS 12A, Section 7.1, must be of a concentration level greater than 80 percent of the highest hourly concentration measured during the period of measurements above span, and must be introduced at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘above span’ calibration is successfu l if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the Hg CEMS exceeds 20 percent of the certified value of the reference gas, then you must normalize the one
- hour average stack gas values measured above the span during the 24
- hour period preceding the ‘above span’ calibration for reporting based on the Hg CEMS response to the reference gas as follows:
×

= (3) You must operate and maintain each Hg CEMS or sorbent trap -based integrated monitoring system according to the quality assurance requirements in Procedure 5 of appendix F to part 60 of this chapter.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **229** of **247** (4) Relative accuracy testing of mercury monitoring systems under PS 12A, PS 12B, or Procedure 5 must be conducted at normal operating conditions with the raw mill on. (5) If you use a Hg CEMS or a sorbent trap
-based integrated monitoring system , you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in paragraphs (n)(1) through (n)(10) of this section. If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through separate stacks, you must account for the mercury emitted from those stacks by following the procedures in (k)(5)(i) through (v) of this section: (i) You must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in paragraphs (n)(1) through (n)(10) of this section. (ii) Develop a mercury hourly mass emissions rate by conducting annual performance tests using Method 29 to measure the concentration of mercury in the gases exhausted from the alkali bypass and coal mill. (iii) On a continuous basis, determine the mass emissions of mercury in pounds per hour from the alkali bypass and coalDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **230** of **247** mill exhausts by using the mercury hourly emissions rate and the continuously measured exhaust gas flow rates. (iv) Sum the hourly mercury emissions from the kiln, alkali bypass and coal mill to determine total mercury emissions. Using hourly clinker production, calculate the hourly emissions rate in pounds per ton of clinker to determine your 30 day rolling average. (v) If mercury emissions from the coal mill are below the method detection limit for two consecutive annual performance tests, you may reduce the frequency of the performance tests of coal mills to once every 30 months. If the measured mercury concentration exceeds the method detection limit, you must revert to testing annually until two consecutive annual tests are below the method detection limit. (6) If you operate an integrated samp ling Hg CEMS conforming to PS 12B, you may use a monitoring period from 24 hours to 168 hours in length. You should use a monitoring period that is a multiple of 24 hours (except during relative accuracy testing as allowed in PS 12B). (l) HCl Monitoring Re quirements . If you are subject to an emissions limitation on HCl emissions in §63.1343, you must monitor HCl emissions continuously according to paragraph (l)(1) or (2) and paragraphs (m)(1) through (m)(4) of this section or,DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **231** of **247** if your kiln is controlled usi ng a wet or dry scrubber or tray tower, you alternatively may monitor SO 2 emissions continuously according to paragraph (l)(3) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in a ccordance with Performance Specification 15 (PS 15) of appendix B to part 60 of this chapter, or, upon promulgation, in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter. You must oper ate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to part 60 of this chapter except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. If you install and operate an HCl CEMS in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter, you must operate, maintain and quality assure the HCl CEMS using the procedure of appendix F to part 60 of this chapter applicable to the performance specification. You must use Method 321 of appendix A to part 63 of this chapter as the reference test method f orDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **232** of **247** conducting relative accuracy testing. The span value and calibration requirements in paragraphs ( l )( 1 )(i) and ( l )( 1 )(ii) below apply to HCl CEMS other than those installed and certified under PS 15 . (i ) You must use a span value for any HCl CEMS that
represents the intended upper limit of the HCl concentration measurement range during normal “mill on” operation. The span value should be equivalent to approximately two times the emissions standard and it may be rounded to the nearest multiple of 5 ppm of HCl . The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during “mill off” conditions. (ii ) In order to quality assure data measured above the span value, you must u se one of the two options in paragraphs ( l )( 1 )(i i ) (A) and ( l )( 1 )(ii) (B) below. ( A ) Conduct an additional ‘above span’ daily calibration using a HCl reference gas standard at a concentration level between 50 and 85 percent of the highest hourly HCl concentration expected during “mill off” conditions. The ‘above span’ reference gas must meet the requirements of the applicable performance specification and be introduced at the probe. The ‘above span ’ calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of theDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **233** of **247** reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph ( l)(1)(ii )( C ) below. Record and report the results of this procedure as you would for a daily calibration. ( B ) If you choose not to conduct an additional calibration on a daily basis, then quality assure any data above the span value established in paragraph ( 1 )(1) (i) of this section using the following procedure. Any time the average measured concentration of HCl exceeds or is expected to exceed the span value for greater than two hours you must, within a period 24 hours before or aft er the ‘above span’ period, introduce a higher, ‘above span’ HCl reference gas standard to the HCl CEMS. The ‘above span’ reference gas must meet the requirements of the applicable performance specification and be of a concentration level greater than or equal to 80 percent of the highest hourly concentration measured during the period of measurements above span, and must be introduced at the probe. Record and report the results of this procedure as you would for a daily calibration. The ‘above span’ calib ration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is notDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **234** of **247** within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph ( l)(1)(ii )( C ) below. If the ‘above span’ calibration is conducted during the period when measured emissions are above span and there is a failure to collect the required minimum number of data points in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour . ( C ) In the event tha t the ‘ above span ’ calibration is not successful ( i.e., the HCl CEMS measured value is not within 20 percent of the certified value of the reference gas), then you must normalize the one
- hour average stack gas values measured above the span during the 24
- hour period preceding or following the ‘above span’ calibration for reporting based on the HCl CEMS response to the reference gas as follows:
×

= (2) Install, operate, and maintain a CMS to monitor wet scrubber or tray tower parameters, as specified in paragraphsDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **235** of **247** (m)(5) and (m)(7) of this section, and dry scrubber, as specified in paragraph (m)(8) of this section . (3) If the source is equipped with a wet or dry scrubber or tray tower, and you choose to monitor SO 2 emissions, monitor SO 2 emissions continuously according to the requirements of §60.63( e) through (f) of part 60 subpart F of this chapter. If SO 2 levels increase above the 1 hour average SO 2 operating limit established during your performance test, you must (i) As soon as possible but no later than 48 hours after you deviate from the established SO 2 value conduct an inspection and take corrective action to return the SO 2 emissions to within the operating limit ; and (ii) Within 60 days of the deviation or at the time of the next compliance test, whichever comes first, conduct an HCl emissions compliance test t o determine compliance with the HCl emissions limit and to verify or re
- establish the SO 2 CEMS operating limit. (m) Parameter Monitoring Requirements . If you have an operating limit that requires the use of a CMS, you must inst all, operate, and maintain each continuous parameter monitoring system (CMS) according to the procedures in paragraphs (m)(1) through (4) of this section by the compliance date specified in §63.1351 . You must also meet the applicableDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **236** of **247** specific parameter mon itoring requirements in paragraphs (m)(5) through (m)(11) that are applicable to you. * * * * * (7) * * * (i) Locate the pH sensor in a position that provides a representative measurement of wet scrubber or tray tower effluent pH. * * * * * (9) Mass Flow Rate (for Sorbent Injection) Monitoring Requirements . If you have an operating limit that requires the use of equipment to monitor sorbent injection rate ( e.g. , weigh belt, weigh hopper, or hopper flow measurement device), you must meet the requi rements in paragraphs (m)(9)(i) through (iii) of this section. These requirements also apply to the sorbent injection equipment of a dry scrubber. * * * * * (10) Bag leak detection monitoring requirements . If you elect to use a fabric filter bag leak detection system to comply with the requirements of this subpart, you must install, calibrate, maintain, and continuously operate a BLDS as specified in paragraphs (m)(10)(i) through (viii) of this section.DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **237** of **247** (i) You must install and operate a BLDS for each e xhaust stack of the fabric filter. (ii) Each BLDS must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations and in accordance with the guidance provided in EPA

– 454/R

– 98

– 015, September 1997. (iii) The BLDS must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 or fewer milligrams per actual cubic meter. (iv) The BLDS sensor must provide output of relative or
absolute particulate matter loadings. (v) The BLDS must be equipped with a device to continuously record the output signal from the sensor. (vi) The BLDS must be equipped with an alarm system that will alert an operator automatically when an increase in rel ative particulate matter emissions over a preset level is detected. The alarm must be located such that the alert is detected and recognized easily by an operator. (vii) For positive pressure fabric filter systems that do not duct all compartments of cell s to a common stack, a BLDS must be installed in each baghouse compartment or cell. * * * * * (11) * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **238** of **247** (v) Cleaning the BLDS probe or otherwise repairing the BLDS ; or * * * * * (n) Continuous Flow Rate Monitoring System . You must install, operate, calibrate, and maintain instruments, according to the requirements in paragraphs (n)(1) through (10) of this section, for continuously measuring and recording the stack gas flow rate to allow determination of the pollutant mass emissions rate to the atmosphere from sources subject to an emissions limitation that has a pounds per ton of clinker unit. * * * * * (3) [Reserved] * * * * * (o) Alternate Monitoring Requirements Approval . You may submit an application to the Administrator for appr oval of alternate monitoring requirements to demonstrate compliance with the emission standards of this subpart, except for emission standards for THC, subject to the provisions of paragraphs (o)(1) through (o)(6) of this section. * * * * * (p) Development and Submittal (Upon Request) of Monitoring Plans . If you demonstrate compliance with any applicable emissions limit through performance stack testing or otherDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **239** of **247** emissions monitoring, you must develop a site
- specific monitoring plan according to the requ irements in paragraphs (p)(1) through (4) of this section. This requirement also applies to you if you petition the EPA Administrator for alternative monitoring parameters under paragraph (o) of this section and §63.8(f). If you use a BLDS, you must also meet the requirements specified in paragraph (p)(5) of this section. (1) For each CMS required in this section, you must develop, and submit to the permitting authority for approval upon request, a site
- specific monitoring plan that addresses paragraphs (p) (1)(i) through (iii) of this section. You must submit this site
- specific monitoring plan, if requested, at least 30 days before your initial performance evaluation of your CMS. * * * * * (2) In your site
- specific monitoring plan, you must also address paragraphs (p)(2)(i) through (iii) of this section. * * * * * (5) BLDS Monitoring Plan . Each monitoring plan must describe the items in paragraphs (p)(5)(i) through (v) of this section. At a minimum, you must retain records related to the site
- specific monitoring plan and information discussed in paragraphs (m)(1) through (4), (m)(10) and (m)(11) of thisDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **240** of **247** section for a period of 5 years, with at least the first 2 years
on - site; * * * * * 21 . Section 63.1351 is amended by revising paragraphs (c) and (d), and adding paragraph (e) to read as follows: **§63.1351 Compliance dates.** * * * * * (c) The compliance date for existing sources for all the requirements that became effective on [INSERT DATE 60 DAYS AFTER PUBLICATION OF THESE AMENDMENTS IN THE FEDERAL REGISTER] will be September 9, 2015.]. (d) The compliance date for new sources is May 6, 2009 or startup, whichever is later. (e) The compliance date for existing and new sources with the requirements for open clinker storage piles in §63.1343(c) is [INSERT DATE 180 DAYS AFTER PUBLICATION OF THESE AMENDMENTS IN THE FEDERAL REGISTER] or startup, whichever is later. 22 . Section 63.1352 is amended by revising paragraph (b) to read as follows: **§63.1352 Additional test methods.** (a) If you are conducting tests to determine the rates of emission of HCl from kilns and associated bypass stacks at portland cement manufacturing facilities, for use inDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **241** of **247** applicability determinations under §63.1340 you may use Method 320 or Method 321 of appendix A of this part. (b) Owners or operators conducting tests to determine the rates of emission of specific organic HAP from raw material dryers, kilns at Portland cement manufacturing facilities, solely for use in applicability determinations under §6 3.1340 of this subpart are permitted to use Method 320 of appendix A to this part, or Method 18 of appendix A to part 60 of this chapter. 23 . Section 63.135 3 is amended by inserting paragraph (b)( 6 ) to read as follows: **§63.1353 Notification Requirements.**

* * * * * (b) * * * (6) Within 48 hours of a deviation that triggers retesting to establish compliance and new operating limits, notify the appropriate permitting agency of the planned performance tests. The notification requirements of §63.7 (e) and 63.9 (e) do not apply to retesting required for deviations under this subpart. * * * * * 2 4 . Section 63.1354 is amended by revising paragraph (b)(9)(vi) , adding paragraph (b)(9)(vi i ) and revising paragraph (c) to read as follows:DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **242** of **247 §63.1354 Reporting**  **requirements.** * * * * * (b) * * * (9) * * * (vi) For each PM, HCl, Hg, and THC CEMS or Hg sorbent trap monitoring system, within 60 days after the reporting periods, you must submit reports to EPA’s WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through EPA’s Central Data Exchange (CDX) ( www.epa.gov/cdx ). You must use the appropriate electronic reporting form in CEDRI or provide an alternate electronic file consistent with EPA’s reporting form output format. Fo r each reporting period, the reports must include all of the calculated 30
- operating day rolling average values derived from the CEMS or Hg sorbent trap monitoring systems. (vii) In response to each deviation from an emissions standard or established oper ating parameter limit, the date, duration and description of each deviation and the specific actions taken for each deviation including inspections, corrective actions and repeat performance tests and the results of those actions. * * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **243** of **247** (c) Reporting deviations due to startup, shutdown or malfunctions. For each deviation from a standard or emission limit caused by a startup, shutdown, or malfunction at an affected source, you must report the deviation in the semi
annual compliance report. The report must contain the date, time and duration, and the cause of each event (including unknown cause, if applicable), and a sum of the number of events in the reporting period. The report must list for each event the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the emission limit for which the source failed to meet a standard, and a description of the method used to estimate the emissions. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with §63.1348(d) , including actions taken to correct a malfunction.

* * * * * 2 5 . Section 63.1355 is amended by revising paragraphs (f) and (g) and adding par agraph (h) to read as follows: **§63.1355 Recordkeeping Requirements.**

* * * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **244** of **247** (f) The date, time and duration of each startup or shutdown which causes the source to exceed any applicable emission limitation, and (f) (i) through ( i ii) of this section; ( i ) The date, time, and duration of each startup or shutdown period, for any affected source that is subject to an emission standard during startup or shutdown that differs from the emission standard applicable at other times. (ii) The quantity and type of raw feed and fuel used during the startup or shutdown period. ( i i i ) An estimate of the volume of each regulated pollutant emitted over the emission limit during startup or shutdown, with a description of the method used to estimate emissions. (g)(1) The date , time and duration of each malfunction that causes an affected source to fail to meet an applicable standard; if there was also a monitoring malfunction, the date, time and duration of the monitoring malfunction; the record must list the affected source o r equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet a standard, and a description of the method used to estimate the emissions.

* * * * *

(h) For each deviation from an emissions standard or established operating parameter limit, you must keep records ofDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **245** of **247** the date, duration and description of each deviation and the specific actions taken for each deviation including inspections, corrective actions and repeat performance tests and the results of those actions.

* * * * * 2 6 . Section 63.1356 is amended by revising the section heading and the section text to read as follows: **§63.1356 Sources with multiple emissions limit or monitoring requirements**  **.** If an affected facility subject to this subpart has a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, the owner or operator of the affected facility must comply with the most stringent emissions limit or requirement and is exempt from the less stringent requirement. 2 7 . Section 63.1357 is amended by: (a). Revising paragraph (a)(1); and (b). Revising paragraph (a)(2) to read as follows: **§63.1357 Temporary, conditioned exemption from part iculate**  **matter and opacity standards.** (a) * * *DRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **246** of **247** (1) Any particulate matter and opacity standards of part 60 or part 63 of this chapter that are applicable to cement kilns and clinker coolers. (2) Any permit or other emissions or operating parameter or other limitation on workplace practices that are applicable to cement kilns and clinker coolers to ensure compliance with any particulate matter and opacity standards of this part or part 60 of this chapter.

* * * * * 2 8 . Table 3 to Subpart LLL of Part 63 is revised to read as follows: **Table 3 to Subpart LLL of Part 63 —**  **Applicability of General Provisions** 

**Citation Requirement**  **Applies to Subpart**  **LLL Explanation**  * * * * * * * 63.6(e)(3) Startup,

Shutdown Malfunction Plan No Startup and shutdown plans addressed in §63.1347. * * * * * * * 63.7(b) Notification

period Yes Except for repeat performance test caused by a deviation. See §63.1353(b)(6) * * * * * * * 63.9(e) Notification of

performance test Yes Except for repeat performance test caused by a deviation. SeeDRAFT

– DO NOT CITE OR QUOTE

–5/01 /12 Page **247** of **247**

§63.1353(b)(6) * * * * * * *